THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE WEBSITE.
BY ENTERING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
The Author provides the Website and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any professional advice on the Website, and the Information should not be so construed or used. Using, accessing and/or browsing the Website and/or providing personal information to the Author does not create a client relationship between you and the Author. Nothing contained on the Website is intended to create a client relationship.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained on the Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything
contained in the Website.
The opinions expressed on the Website are not necessarily the opinions of the Author. Any opinions of the Author on the Website have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up to date. Like any printed materials, the Information may become out of date. The Author undertakes no obligation to update any Information on the Website; provided, however, that the Author may update the Information at any time without notice in
the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.
The Website is open to the public. Therefore, consider your communications related to the Website carefully and do not include anything in a communication that you would like to keep private. By uploading or otherwise making available any Information to the Author in the form of email communication or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse, and copy the Information contained therein.
You are responsible for the content you submit. You may not impersonate any other person through the Website. You may not submit content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not submit content that infringes the intellectual property rights of any other person or entity. You may not submit any content that contains any computer viruses, or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting content through the Website, you grant the Author and any company substantially under the control of the Author, the right to delete any content that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
The Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third‐party websites or as an indication of any affiliation, sponsorship, or endorsement of such third‐party websites.
The Author is not responsible for the content of linked third‐party websites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third‐party websites. If you decide to access linked third‐party websites, you do so at your own risk. Your use of third‐party websites is subject to the
THE INCLUSION OF THIRD‐PARTY ADVERTISEMENTS AND LINKS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.
DISCLAIMER OF ALL WARRANTIES
The Information made available at the Website is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non‐infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Website.
Under no circumstances, as a result of your use of the Website, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Website for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of Information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made, or action taken or not taken in reliance upon the Information.
By using this Website, you represent that you are at least the age of majority in your state of residence.
You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Website, (2) any violation of law that occurs by you through the Website, and/or (3) anything you do using the Website and/or the Information contained therein.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the Website, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Texas in Nacogdoches County. You further agree that any claims or causes of action arising out of or related to this Agreement and the Website, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Website and the Information contained therein.
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Website.
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
THE WEBSITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE ADVICE. BY ACCESSING THE WEBSITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO CLIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR.