By using the Website, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, you may not use the Website.
Rules for your use of the Website
The Website is controlled from within the USA. If you choose to use the Website inside the USA, you are responsible for complying with all applicable laws in the USA. If you choose to use the Website outside the USA, you are responsible for complying with all applicable laws in the USA and in the country from which you use the Website.
The Website is comprised of content (the “Content”) that includes without limitation all text, images, graphics, logos, audio, and video, and the format in which these items have been assembled, arranged, and presented, in all webpages, emails, forms, and documents that are part of the Website. Unless otherwise specified explicitly, all Content is owned or controlled by Me or licensors or third-party service providers that I use.
The Content is protected from unauthorized use, copying, and dissemination by the copyright and trademark laws of the USA and other countries, international conventions, and other applicable laws. Any unauthorized use of the Content is prohibited.
The Website provides you with opportunities to interact publicly with Me and other users by posting textual messages that you create (“Submission”, “Submissions”).
By posting any Submission, you agree that:
– your Submission will be accessible to other users, and
– your Submission will not be confidential, and
– your Submission will be appropriate for general audiences, and
– you are entirely responsible and liable for your Submission, and
– you are the sole and exclusive owner of your Submission, and
– you are representing and warranting that you either own or control the Submission and that no other party has any claim of ownership to any part of the Submission, and
– I may, at my sole discretion, monitor and edit or remove your Submission.
By using the Website, you agree that you will not:
– transmit through or to the Website any communications (including but not limited to Submissions and emails to me) that are spam, or that are libelous, defamatory, abusive, threatening, harassing, hateful, offensive, obscene, unlawful, indecent, harmful, vulgar, sexually oriented, racially offensive, or that cause distress or inconvenience to any person;
– use any procedure (including but not limited to hacking or password mining) or tool (including but not limited to a robot, spider, scraper, or deep link) to try to gain unauthorized access, to acquire, or to monitor any part of the Website;
– use the Website in any way that could damage or disable the Website or that could interfere with any other person’s use of the Website.
By using the Website, you agree that you will notify me immediately if you discover any security-related problem with the Website.
You understand that if you use the Website, there may be Content and/or other users’ Submissions that you find objectionable. Under no circumstances will I be responsible in any way for such Content or Submissions, nor for any loss or damage of any kind incurred as the result of the use of such Content or Submissions, or any other Content that is accessible through the Website.
The Website collects information that your browser sends whenever you use the Website (“Browsing Information”). This Browsing Information may include information such as your computer’s IP address, browser type, browser version, the pages that you visit on the Website, the time and date of your visit, the time spent on those pages, and other statistics.
Browsing Information is collected automatically when you use the Website, for example through the communication process between the Website and your browser.
I use Browsing Information to look for patterns in how the Website is used. This helps Me to find ways to improve the Website.
By using the Website, you consent to Me collecting and using Browsing Information for only the specific reason above. Therefore, if you do not consent to this, do not use the Website.
When you join the mailing list or post a comment, the Website collects personal information (“Personal Information”) that you provide, such as your email address.
Personal Information is collected by asking you to provide it, for example in the mailing list form on the Website.
I use Personal Information to fulfill your request to join a mailing list and to moderate the discussion board. I may also use your email address to provide you with support related to the Website, for example to answer your questions.
By providing Personal Information, you consent to Me collecting and using it for only the specific reason above. Therefore, if you do not consent to this, do not provide this information.
Third party services
Disclaimers of warranty and limitations of liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN SOLE RISK. I PROVIDE THE WEBSITE (INCLUDING ALL CONTENT AND SUBMISSIONS THAT ARE PART OF THE SERVICE) “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR COMPATIBILITY. I MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE WEBSITE. I DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
WHILE I WILL MAKE EVERY EFFORT, I MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT LOSS OF DATA WILL NOT OCCUR. I MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE WEBSITE. I MAKE NO WARRANTIES ABOUT ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT DURING ANY USE OF THE WEBSITE YOU ARE PROTECTED FROM ANY VIRUSES OR OTHER HARMFUL CODE.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL I BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, I SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
The Terms and all claims arising from or related to your use of the Website shall be governed by and construed in accordance with the laws of the state of Arizona, USA, without regard to principles of conflict of laws.
Except for disputes relating to infringement of My intellectual property or in which I seek a preliminary injunction, any dispute arising out of or connected with these Terms or your use of the Website shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of the arbitration shall be Phoenix, Arizona, USA, and the arbitration shall be conducted in the English language. Any arbitration must begin within six months after the dispute arises.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you and I agree that all disputes arising out of or connected with these Terms or your use of the Website must be resolved exclusively by a state or federal court located in Phoenix, Arizona, USA.
You may bring claims against Me only in your individual capacity, not as a participant in any form of class action or representative proceeding. You agree that you and I are each waiving the right to a trial by jury or to participate in a class action.
If at any time you wish to notify Me of any security-related problem, or withdraw your consent for Me to use any information that you have provided, or share with Me any questions, comments, or suggestions about the Website or the Terms, please contact Me at: