Terms and Conditions Agreement
Last modified: June 07, 2016
Effective: June 07, 2016
USE OF SERVICE
WELCOME TO timothycourtney.io - This site and services is owned and operated by Timothy Courtney (hereinafter referred to as "Proprietor"). "Timothy Courtney IO" is a brand and trademark (hereinafter referred to as "Proprietor's Trademark"), which is owned and operated by Proprietor. If you visit this site or use the services provided, you accept these conditions. Please read them carefully. Further, If you use any current or future available options on this site, you also will be subject to the conditions applicable to such business or service.
This is a legal agreement between you and Proprietor. You consent to being governed by these conditions when you use this site or any services provided through this site, and by Proprietor relating to Proprietor's Trademark (hereinafter, these services referred to as "Site Services"). This agreement (hereinafter referred to as "Agreement") is legally binding. You are only elgible to use Site Services if you are legally able to be binded into Agreement with Proprietor. If your minor child uses Site Services, you are responsible for such use, without limitation. Use of Site Services by a minor under the age of 13 is strictly prohibited. You agree you will not allow your minor child under 13 to engage in any use of such services. Use of Site Services is prohibited if you are legally unable to be bound by Agreement.
If you use this site or send emails to a site account, you are electronically communicating with Proprietor. You consent to receive electronic communications from Proprietor. You consent that all agreements, notices, and other communications that Proprietor electronically provides to you satisfy any legal requirement that such communications be in writing.
Should you need to communicate with Proprietor, a site administrator, or need general support, please send your email to email@example.com, with a descriptive subject.
You agree to submit only accurate and true information when providing information to Site Services, and when in communication with Proprietor or an administrator of such services.
If you have been suspended, banned, or otherwise prohibited by Proprietor or a site administrator from use of Site Services, you agree to cease and desist all use. Proprietor may cooperate in any legal way with any authorities, agencies, groups, or individuals, and provide all data known about you and your use of Site Services.
You agree you are fully responsible for all actions and results you cause, directly and indirectly, which damage, inhibit, interfere with, or negatively effect Proprietor, Site Services, or Proprietor's Trademark, because of your wrongdoing. This includes but is not limited to legal and civil justice, punitive damages, and any other legal enforcement Proprietor seeks against you, in the case of wrongdoing by you or any agent under your direction. Additionally, you agree to be held fully liable for intentional wrongdoing, accidental damage and/or any damage as a result of your negligence, but your liability is not limited to these occurrences.
Except for standard search engine indexing purposes in the specific case you are a legitimate Search Service Provider, you are forbidden from copying, distributing, or disclosing materials and content created for this site and available at this site. In addition, you agree not to employ "crawlers", "robots", "scrapers", "spiders", "bots", systematic usage, programmatic usage, etc., to access or use Site Services, in any way. It is forbidden for you to attempt to bypass security measures, restrictions, and limitations employed at this site by Proprietor or administrators of Site Services.
Except for standard private and noncommercial personal use, you are not authorized to copy, backup, distribute, or transmit materials and software available at this site and through Site Services. You are forbidden from profiting from or otherwise exploiting Site Services or any other materials on this site which are owned by Proprietor.
RIGHTS AND OFFERINGS
Without prior notice, Proprietor may ban you from use of this site and Site Services, without providing a reason. At the sole discretion of Proprietor in regards to your compliance with Agreement, and without providing a reason, your use of Site Services may be suspended, limited, or banned. If you are forbidden use, you continue to be bound by Agreement.
Without prior notice, Proprietor may change, cease, limit, meter, or otherwise alter Site Services, without providing a reason. Without prior notice, Proprietor may change product prices and/or product availability, without providing a reason.
Site Services is intended for sales of a digital good or digital goods to customers for noncommercial personal use. Available products may include other types of goods at the sole discretion of Proprietor, and is not limited by quantity, type, or any classification. Physical copies of products are not available.
You agree that when provided a unique URL to download a purchased product, you will not directly or indirectly share this URL with anyone else. You agree you will not faciliate, in any way, the theft of a digital good or digital goods. You agree you are exclusively responsible for any activity which may occur on a download page provided to you by Site Services. You agree that at the sole discretion of Proprieter, if it is believed any abuse, theft, or other misconduct is occuring on a download page provided to you, the download page may be removed, subsequently forfeiting your access to purchased content.
Site Services is not part of any other product or proposal; no procurement, even if by purchase, of any other product shall be interpreted as representing or guaranteeing you any access to Site Services or any goods thereof.
You acknowledge that this site and available digital goods thereof may include facts, opinions, or views of persons or entities not affiliated with Proprietor; Proprietor does not endorse, warrant, represent, or guarantee the accuracy, completeness, or timeliness of such facts, opinions, or views. You acknowledge that you may experience objectionable content that you consider mature, crude, or otherwise offensive, and such content might not have been stated as having contained mature language, adult themes, or an offensive nature. You acknowledge that legal, medical, and any other types of opinions which may be experienced in comments, site content, displayed materials, within digital goods, or through any part of Site Services is not represented as being professional advice from Proprietor. You acknowledge that Proprietor does not give legal advice, medical advice, or any other advice reserved for trained professionals of such fields; Site Services is not a substitue for such professional help, advice, or opinions. You agree that Proprietor will be of no liability to you for results or consequences which may arise from the utilization of any information or advice which originates from any part of Site Services or a product thereof. Proprietor recommends that if you find what appears to be professional advice of a medical or legal nature, you disregard its validity and seek a professional's help.
GOODS AND OBLIGATIONS
You acknowledge each digital good you obtain may have its own software requirements, hardware requirements, and/or third-party requirements, which may or may not be stated; you agree to accept full responsibility for the functionality of and requirement adherence of all digital goods obtained. You acknowledge you may need reliable high-speed internet access to competently download any products.
You acknowledge that some digital goods may be still in development. Additionally, release dates for digital goods may be delayed, and any stated release dates are only intended as estimates; you agree that you will not be entitled to a refund for a delayed release date of any digital goods. You agree that Proprietor's obligation to deliver any digital goods shall be complete upon you receiving the necessary information to commence downloading of the digital goods. Proprietor recommends you responsibly backup (defining backup: create a personal security copy) your digital goods upon retrieval of such digital goods. Proprietor shall have no liability for any issues or problems you may have in correctly installing or using a digital good. Once you receive a digital good, Proprietor shall have no liability for the digital good being damaged, misplaced, lost, or destroyed.
You acknowledge that your electronic submissions establish your agreement, as well as intent to be bound by Agreement; addtionally, it establishes your intent to pay for purchases, and this pertains to all records of all transactions entered into on this site by you. This includes but is not limited to cancellations, contracts, policies, and applications. You agree it is your responsibility to have the necessary hardware and software required to access and retain electronic records.
If you directly or indirectly incur fees and/or charges from your usage of Site Services, you agree you are fully responsible for any such charges and fees.
All products are sold AS IS WITHOUT WARRANTY. You agree to use Site Services at your own risk. Proprietor shall have no responsibility for the content you encounter or the functionality of products obtained by you. You agree to immediately pay for any and all orders you make.
You acknowledge you are fully responsible for any sales or use taxes incurred as a result of your purchase through Site Services. Additionally, you acknowledge you are fully responsible for VAT, if you are in a country where VAT is applied. Failure on the part of Proprietor or an administrator of Site Services to provide you with a statement detailing your incurred sales and use taxes, VAT and any other taxes you've incurred does NOT mitigate your full liability to pay such taxes to the applicable taxing authority. You acknowledge it is your full responsibility to pay all incurred taxes and fees to the applicable taxing authority within the required period of time as set by such authority.
You agree you are fully responsible for any and all charges incurred by users of any of your payment methods, associated with a purchase through Site Services; additionally, you agree to pay all taxes and fees associated with such purchases.
Your receipt for an order does not indicate acceptance of your order by Proprietor or confirmation of a sale. Proprietor may request additional verification, or refuse your order, without reason. Site Services uses payment providers, including but not limited to Paypal; You agree Proprietor may charge your provided payment method for any and all purchases you make, as well as for any taxes, fees, or charges you may incur through Site Services. You acknowledge you will also be bound by the terms and conditions of the payment provider, and that payment provider's agreement with you is seperate and unaffiliated with Proprietor and Agreement; it is fully your responsibility to find and understand your payment provider's terms and conditions, regarding your use of their services.
Proprietor may donate a percent of sales promotions to the charity or charities of Proprietor's choice. Proprietor may choose any charity for a donation, without providing reason. Donating to a particular charity does not constitute an agreement to donate to the chosen charity repeatedly or ever again. Proprietor may change between chosen charities to donate to, at any frequency, at the sole discretion of Proprietor. Without notice, Proprietor may choose a different charity to donate to or a group of charities to split the donation amount between. There is no minimum or maximum percentage of sales promotions proceeds which Proprietor will donate to charity.
SUBMISSION OF MATERIALS
Notwithstanding any other condition of Agreement, you acknowlege that by submitting any data or materials, you are granting Proprietor a perpetual exclusive right royalty-free license to use the materials in whole or in part, on any site, channel, or medium, to promote Proprietor and/or to promote Site Services, at the sole discretion of Proprietor. You acknowledge that by submitting any data or materials, you are granting Proprietor a perpetual, exclusive right and royalty-free license to publish, distribute, and market your submitted materials to any site, channel, or medium at the sole discretion of Proprietor; additionally, you agree that Proprietor may alter, change, build upon, or use parts of your submitted materials in any way, at the sole discretion of Proprietor. You acknowlege that by submitting any data or materials, you are granting a perpetual full right and royalty-free license to Proprietor to use your name and likeness at any site, on any channel, in any and all media, and in any medium, at the sole discretion of Proprietor, for any purpose including but not limited to promotion, publicity, profit, and advertising.
Trademarks and service marks of Proprietor, licensors, and third parties are properties of their respective owners.
RIGHT TO CONTACT USER
You acknowledge that you may be contacted by Proprietor, administrators of Site Services, and/or associates of Proprietor to indemnify and hold harmless Proprietor from any and all claims, costs, expenses, liabilities, damages, judgements, attorney fees, consultant fees, and causes of action resulting from or relating to your actions, your submitted materials, a breach of any part of Agreement, or a misrepresentation by you.
Technical issues may impede, prevent, or otherwise interrupt the download of a product through Site Services; if such case exists where you are unable to retrieve a product within a timely manner, you agree that your only remedy is either a replacement or a refund, and only in such cases where the digital good referred to is a purchase, at the sole discretion of Proprietor.
Proprietor shall have no liability for issues out of Proprietor's control, including but not limited to your screensize or hardware compatibility, your internet speed or connection. Proprietor shall have no liability for the accuracy and performance of clocks, counters, and/or timers which may be displayed as part of Site Services.
SERVICE CHANGE PROVISIONS
Notwithstanding any other condition of Agreement, at any time, Proprietor and any licensors of Site Services reserve the right, without liability to you and without notice, to withdraw, suspend, disable, alter, or change access to any products, content, or other goods comprising a part of or sold through Site Services.
You acknowledge that parts of Site Services, digital goods sold through such services, and administering of usage rules involves administering by Proprietor; in the event that Proprietor changes or discontinues Site Services, which Proprietor may determine to do, you acknowledge that you may not be able to continue to use products to the extent previously possible, and Proprietor shall have no liability to you in such case.
You agree that you are not entitled to any future updates, upgrades, or enhancements to any digital goods; You acknowledge that Proprietor may elect to offer updates, upgrades, or enhancements, at any time, and this does not imply any future obligations to continue such updates, upgrades, or enhancements.
If you need assistance with an order or another issue, you can email firstname.lastname@example.org, and please include a descriptive subject. Restrictions apply to sales of digital goods, which may not apply to goods of the physical medium. You acknowledge that Proprietor reserves the right to refuse a refund without providing a reason. If you would like to plead your case to Proprietor or an administrator of Site Services, you can email email@example.com, and please include a descriptive subject. You acknowledge that a refund request will not be considered after more than 30 calender days since the purchase.
CONTESTS OF SKILL
You acknowledge that at any time, at the election of Proprietor, Proprietor may operate a Contest of Skill (hereinafter referred to as "Contest"). In any event in which Proprietor operates Contest, the following terms and conditions shall apply:
Contests are open to persons who are atleast 13 years of age at the time of entry, only if such person is not bound to any restrictions of another agreement, which may act to prohibit such person from participation in any aspect of Contest. Employees of Proprietor and active licensors of Site Services are not elgible to participate in Contest. Contest entrants must follow the stated rules as posted on the official Contest page, which will be a web page on this site. You acknowledge that by entering Contest, you are representing to Proprietor your full agreement with and intent to abide by all terms and conditions of Contest. Prizes which may be awarded to an elgible winner of Contest are not transferable or redeemable for cash or other prizes. Prizes must be redeemed from Proprietor within 30 days of the end of Contest. If a winner of Contest cannot be contacted or is disqualified, Proprietor reserves the right to determine another winner from Contest entrants, or to not issue that winner’s prize, at the sole discretion of Proprietor. Except for possible prizes issued to winners of Contest at the sole discretion of Proprietor, no compensation will be paid to any entrants of Contest. An entrant to Contest must submit only original materials, and all submitted materials must not be harmful, abusive, hateful, pornographic, libelous, threatening, vulgar, or otherwise objectionable as determined by Proprietor. Submitted materials must not denigrate or misrepresent persons, companies, or trademarks. Submitted materials must be the sole creation of the entrant or entrants who are submitting the materials, and these materials must not be owned in whole or in part by any other parties. You acknowlege that by submitting materials to Contest, you are testifying to Proprietor that the submitted materials do not infringe upon the copyrights, trademarks, privacy rights, or other intellectual property rights of any persons or entities. You acknowledge that by submitting materials to Contest, you are testifying to Proprietor that you have received all proper authorization and permission to use any and all names, voices, performances and/or other audio which may be in the submitted materials. All submitted materials must not violate any governing laws. Proprietor reserves the right to not monitor submitted materials; You acknowledge that Proprietor may or may not moderate or screen submitted materials. Proprietor reserves the right to not accept an entrant or an entrant's submitted materials, at the sole discretion of Proprietor, without providing a reason. You acknowledge by entering Contest that you shall not be entitled to any damages or other relief for the use or non-use of any and all of your submitted materials; Proprietor reserves the right at the sole discretion of Proprietor to use or not use your submitted materials in whole or in part, without providing a reason. You acknowledge that by submitting materials to Contest, you are granting Proprietor a perpetual, exclusive right and royalty-free license to publish your submitted materials to any site, channel, or medium at the sole discretion of Proprietor. You acknowledge that by submitting materials to Contest, you are granting Proprietor a perpetual, exclusive right and royalty-free license to distribute and market your submitted materials to any site, channel, or medium at the sole discretion of Proprietor. By submitting materials, you are testifying to Proprietor that such materials meet all requirements specified in the preceeding terms and conditions. You agree that you shall defend, indemnify and hold harmless Proprietor from any and all claims, costs, expenses, liabilities, damages and causes of action resulting from any breach of these terms and conditions. You acknowledge that upon entering Contest, you may be requested to sign and deliver documents effectuating additional terms and conditions of Contest. At the sole discretion of Proprietor, a winner or winners will be decided by either Contest judge(s) appointed by Proprietor or only by Proprietor; Proprietor reserves the right to not provide a reason for judgement of Contest entrants and winner(s). Contest winner(s) will be notified by Proprietor or an administrator of Site Services within 5 business days of the end of Contest, and Contest winner(s) and related prize(s) will be displayed on the official Contest page, which will be a web page on this site, for a period of no less than 30 calender days.
You acknowledge that if Proprietor determines, at the sole discretion of Proprietor, that you have violated Agreement in any way, including but not limited to violating any of the licensing rights of licensors which have participated in Site Services, Proprietor may terminate service to you, terminate your download page, terminate license to the software, terminate access to this site, and may make the sole determination to terminate Agreement; In such case which Proprietor has deemed you a violator of Agreement, no termination by Proprietor shall limit any other protections or rights Proprietor may have in law or at equity.
You acknowledge that you may terminate Agreement by ceasing all use of Site Services and providing such notice to Proprietor. Proprietor reserves the right to collect all fees, costs, and surcharges incurred prior to termination. You acknowledge that you will remain liable for all charges and fees you have incurred prior to such termination. You agree that any termination by you or Proprietor will result in your permanent ban from this site and your download page and any associated digital goods; you acknowledge that in such case, you forfeit any right to any digital goods which are not already in your possession.
SURVIVAL OF PROVISIONS
Notwithstanding any termination or expiration of terms in Agreement, the terms in Sections USE OF SERVICE, COMMUNICATION, PRIVACY, USER LIABILITY, CONTENT PROVISIONS, RIGHTS AND OFFERINGS, CONTENT DISCLAIMER, GOODS AND OBLIGATIONS, CHARITY, SUBMISSION OF MATERIALS, RIGHT TO CONTACT USER, TECHNICAL ISSUES, SERVICE CHANGE PROVISIONS, TERMINATION, SURVIVAL OF PROVISIONS, WARRANTY DISCLAIMER, LIABILITY LIMITATIONS, INDEMNITY, and ADDITIONAL LEGAL TERMS will survive, as well as any other terms which are intended to survive.
Proprietor does not warrant, guarantee, or represent that your use of Site Services will be uninterrupted, secure, error-free, virus-free, or satisfactory, and that at any time Proprietor may suspend, cancel, or permanently remove the service, without notice to you.
You agree that your use of or inability to use Site Services and all goods delivered to you through such service are provided to you "AS IS" and "AS AVAILABLE", without any any warranties, whether express, implied, or statutory; additionally, Proprietor disclaims all warranties and provisions including, without limitation, any and all implied warranties conditions of a satisfactory quality, merchantability, title, suitability for a specific purpose, and noninfringement, and any and all warranties which may arise from a course of dealing, trade or usage practice. Due to the fact that some jurisdictions prohibit the exclusion of implied warranties, the previous exclusion of implied warranties may not apply to you. This will not act to alter or affect your statutory rights as a consumer.
You acknowledge that in no case shall Proprietor, or Proprietor's Affiliates, Proprietor's Licensors, Proprietor's Associates, Proprietor's Agents, Proprietor's Contractors, or Proprietor's Administrator's (hereinafter referred to as "Proprietor Parties") be liable for any incidental, indirect, special, punitive, or consequential damages which may arise from your use of Site Services or any goods or services provided to you through Site Services or for any claim related whatsoever to your use of Site Services, including but not limited to errors or omissions in any content, or any kind of loss or damage incurred as a result of the use of any content or delivered good posted, transmitted, or made available through Site Services, even if advised of the possibility of such damage, and whether arising in Tort (including Negligence), strict liability, contract, or otherwise. You acknowledge that in no case shall the aggregate liability of Proprietor Parties under the terms of Agreement exceed the amount paid by you for the applicable goods or services. Due to the fact that some jurisdictions prohibit the exclusion or limitation of liability for consequential damages or incidental damages, in such jurisdictions the liability of Proprietor Parties shall be limited to the maximum extent allowable by law.
By using Site Services, you agree to indemnify and hold Proprietor and Proprietor Parties harmless with respect to any liability, damages, claims, costs (including but not limited to attorney(s) fees), and expenses which may arise in relation to the actual breach or alleged breach of Agreement by you or in relation to any download page provided to you or in relation to your usage of or access to Site Services. Additionally, you agree to put forth your best efforts to cooperate with Proprietor in the defense of any claim. You acknowledge that Proprietor reserves the right to utilize seperate counsel and seize power of the exclusive defense and exercise control of matters otherwise subject to indemnification by you.
ADDITIONAL LEGAL TERMS
You acknowledge that Proprietor reserves the right, at any time and at the sole discretion of Proprietor, to augment, change, revise, or modify Agreement and to impose new or additional terms, provisions, policies, or conditions on your use of Site Services or goods made available through such services. If Proprietor amends Agreement, Proprietor will post the amended version of Agreement on this site. In the event that a Material Change is made to Agreement, Proprietor will post a notice on this site. You acknowledge and agree that you will be deemed as having accepted the amended Agreement if you use Site Services subsequent to such posting of the amended version of Agreement. If you do not agree to terms in Agreement or any future terms in Agreement, do not use and do not access or continue access to Site Services. You acknowledge that no agent or employee of Proprietor has the authority to modify or fluctuate in any way the terms or policies of Agreement, governing a sale(s) or governing customer assistance. Notwithstanding any other condition of Agreement, no person, except through express written permission from Proprietor through legal notarization, can effectuate change, modify, augment, revise, or otherwise amend Agreement, except by court order and only on a term by term basis in the proper legal venue and only when Proprietor has received a legitimate writ of summons to appear in such venue, and when Proprietor and/or Proprietor's legal counsel has been allowed all rights including but not limited to rights to preperation and rights to argue and defend such term.
You acknowlege that Proprietor reserves the right to carry out what Proprietor believes are reasonable and necessary steps to enforce and verify compliance with any terms of Agreement, including but not limited to cooperating with third party consultants, legal processes, investigative services, empowered authorities, and/or agencies. You acknowlege that Proprietor may, at the sole discretion of Proprietor, provide any and all data, content, and communications you have provided through Site Services or via communications with Proprietor or administrators of Proprietor to any person or entity; You acknowlege there is no expectation of privacy implied for any content, materials, communications, or information you provide, supply, or transmit through Site Services or through communications with Proprietor or communications with administrators of Proprietor.
You agree that Site Services, including all text, programming code, sounds, graphics, video clips, screenshots, demos, data, content, and products are owned by Proprietor, and include intellectual property rights and proprietary data which are owned by Proprietor and licensors of Proprietor, and are protected under U.S. and international intellectual property laws, including but not limited to Copyright and Trademark laws and protections; you agree that you will not use such intellectual property and proprietary materials in any way, except for in accordance with Agreement. You agree that under no circumstance will you attempt to (including but not limited to assisting or directing others to do so) reproduce, modify, circumvent, decompile, reverse-engineer, retain source code, disassemble, remove identifying information or proprietary notices, or create derivative works from any software which enables Site Services or digital goods made available through Site Services, without prior express written consent from Proprietor. Additionally, Proprietor and licensors of Proprietor reserve any and all rights to such materials and information not expressly granted to you. You acknowledge that under no circumstance shall you attempt to exploit Site Services in an unauthorized way, including but not limited to trespassing or breaching server(s) of this site and/or restricting or encumbering Site Services. Any copyrights in and to Site Services, which includes but is not limited to, grouping of content, information, resource links, descriptions of goods, (hereinafter referred to as "Proprietor's Store"), and software, are owned by Proprietor and licensors of Proprietor. Proprietor's Trademark, Site Services logo, trademark character Lucas (a cartoonish, peach-colored, bald character who wears a red shirt and blue jeans, and is prominently featured in 'Lucas the Game'), are trademarks of Proprietor; other logos, trademarks, service marks, and graphics used in connection with Site Services may be trademarks of Proprietor and/or licensors of Proprietor. You are not granted any right whatsoever with respect to any of the above trademarks belonging to Proprietor or licensors of Proprietor.
Any use of any part of Site Services, except for use expressly permitted in Agreement, is strictly prohibited, and such prohibited use infringes on the intellectual property rights of Proprietor and licensors of Proprietor, and may subject you to civil and criminal penalties, which possibly include monetary damages for infringement.
You acknowledge that some content, goods, and services available through Site Services may include materials from third parties; also, Proprietor may provide links to web sites of third parties. You agree that Proprietor is not responsible for screening or evaluating the content, accuracy or timeliness of any such materials from third parties or which is available on third party websites. Proprietor does not assume, warrant, represent, or endorse materials from a third party or which may be available on any third party websites. You acknowledge that Proprietor will have no liability to you for any materials provided by third parties or which may be available on third party websites, and that such materials and links are provided to you solely as a convenience.
Proprietor or administrators of Proprietor may invite you to submit comments and/or ideas about any topic(s) of discussion including, without limitation, individual preferences, personal thoughts, improvement of goods and/or services, and/or suggestions; in such cases, if you elect to submit, post, email, transmit, communicate, or otherwise share any such opinions, ideas, suggestions, answers, preferences, and/or comments, you consent to Proprietor and are in agreement that any and all such communications and/or disclosures are provided by you on a solely gratuitous basis, and in no case shall such communications or disclosures by you act to create any fiduciary duty or obligation to you. You agree that any and all communications you have with Proprietor, an administrator of Proprietor, and/or through Site Services, unless expressly and reasonably stated as being confidential, shall be considered public in nature and "on the record". You agree that by making available, posting, emailing, transmitting, disclosing, and/or otherwise communicating any and all opinions, ideas, suggestions, answers, preferences, or comments to Proprietor, an administrator of Proprietor, or through Site Services, you expressly grant to Proprietor a non-confidential no-fee/royalty-free right and license to use any and all such opinions, ideas, suggestions, answers, preferences, and/or comments, and you agree that Proprietor shall have no fiduciary duty or other obligation to you and shall not be obligated to disclose the source of such opinions, ideas, suggestions, answers, preferences, and/or comments. Further, you acknowledge that by accepting any and all posts, emails, transmissions, disclosures and/or other communications from you, Proprietor does not defer or waive any rights whatsoever with regard to previously known opinions, ideas, suggestions, answers, preferences, and/or comments.
You agree that you will abide by U.S and other applicable sanction requirements and export control laws and that you will not transfer, by electronic transmission or by other means, any goods or groupings of goods which are subject to restrictions under such laws to a national destination which is prohibited by such laws, without previously obtaining and complying with any and all requisite government authorization requirements.
Proprietor may send notice(s) with respect to Site Services by sending email message(s) to any email address provided by you through communication with Proprietor or an administrator of Proprietor or provided by you through electronic transmission or otherwise through Site Services; additionally, you acknowledge that any such notice(s) sent to such an email address shall become effective immediately. Proprietor has provided the following mailing address:
14090 Fm 2920 Rd Ste 160
Tomball, TX 77377
Site Services is owned by Proprietor and operated from the State of Texas, in the U.S.A. You acknowledge that Agreement shall be governed by U.S. Federal law and the laws of the State of Texas, U.S.A., without regard to its differences of law provisions; you hereby agree to the exclusive jurisdiction of and venue in the federal and state courts located in Houston, Texas, U.S.A. in any and all disputes arising out of or which relate to Site Services. You acknowledge that use of Site Services is prohibited in any jurisdiction which does not allow the effect of any of the terms or provisions set forth in Agreement, including without limitation terms and provisions set forth in this section of Agreement. Application of the treaty known as 'United Nations Convention on Contracts for the International Sale of Goods' is hereby excluded.
For any and all claims, excluding claims for injuctive relief or equitable relief, under Agreement where the total amount of the sought award is less than $10,000, the requesting party may elect to seek dispute resolution through binding non-appearance-based arbitration. The requesting party of such arbitration shall initiate such arbitration only through a well-established alternative dispute resolution (hereinafter referred to as "ADR") provider which is mutually agreed upon by all involved parties. The involved parties and ADR provider must comply with the rules and guidelines which follow:
(I) such arbitration will be conducted by telephone, online, and/or only written communications, as agreed upon by all involved parties.
(II) such arbitration will not involve the personal appearance of involved parties or witnesses unless mutually agreed upon by all involved parties.
(III) any rendered judgement by the ADR provider may be entered into a court of competent jurisdiction.
Agreement and the rights and licenses empowered hereunder shall not be assigned or transferred by you, and Proprietor reserves the right without restriction to assign or transfer such rights and licenses; any unauthorized attempt to assign or transfer such rights and licenses will be null and void.
This entire Agreement between you and Proprietor shall govern your use of Site Services, superseding any previous agreements which may have been in effect between you and Proprietor; additionally, you may be governed by additional provisions which may apply when you use goods of licensors of Proprietor, affiliate services, affiliate content, or any third party digital goods or software.
If it is ruled that any part of Agreement is held unenforceable or otherwise invalid, that part shall be interpreted in a way consistent with applicable law to faithfully embody, as near as possible, the intentions of Proprietor, and the remaining parts will remain in full effect.
© 2016 TimothyCourtney.io Terms