Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE

By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.

DEFINITIONS

“We,” “us,” “our,” etc. – The website owner and any contributors.

NOT LEGAL ADVICE

The Content contained on the Web site has been prepared by the website owner as a service to its readers and the Internet community and is not intended to constitute legal advice. We have used reasonable efforts in collecting, preparing and providing quality information and material, but do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site. Users of information from the Web site or links do so at their own risk.

INDEMNIFICATION

You agree to indemnify, defend and hold the website owner and any other contributors harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Web site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF WE OR ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

DISCLAIMER

THE CONTENT IN THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise noted, all materials, including, but not limited to, Java code, SQL code, other types of “code”, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Aaron Johnson, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.

Unless otherwise noted, no content from the Web site may be republished. The content may be used for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from the owner of this website, or the copyright holder identified in the copyright notice contained in the Content.

If you wish to build a hyperlink to the Web site, you are encouraged to do so provided you agree to cease such link upon request from the website owner.

USAGE BY CHILDREN UNDER 13

The Web site is directed to adults and is not directed to children under the age of 13. We cannot prohibit minors from visiting the Web site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

MEMBER ACCOUNT

If you register as a user of this Web site, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify the website owner of any unauthorized use of your username and password or any other breach of security.

E-MAIL AND PUBLIC COMMUNICATION

You shall not upload to, distribute through, or otherwise publish through a the web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

Subject to the terms of the privacy policy, in general, we will not monitor or edit the contents of website materials unless required in the course of normal maintenance of the Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law; (2) protect and defend the legitimate business interests, rights or property of the website owner, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. We have the right but not the obligation to monitor and edit or remove any communications and content.

NON-TRANSFERABILITY

Your right to use this Web site is not transferable. Any password or right given to you to obtain information is not transferable.

JURISDICTION

Those who choose to access the Web site do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all Web site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from the website if, in the website owner’s sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the Web site and all copies thereof, whether made under these terms or otherwise. We may take such further action as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and we shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from our exercise of its rights under these terms and conditions.

OTHER PRODUCTS

Any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by the website owner. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the website owner.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that the Web site contains links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

OTHER

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by the website owner. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The website owner’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 Posted by at 8:39 am

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