Use of the Site
You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:
– In any way that violates any applicable federal, state, local, or international law or regulation.
– For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
– To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (defined below) set out in this Agreement.
– To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
– To impersonate or attempt to impersonate Jasper Whitmore, a Jasper Whitmore employee, another user, or any other person or entity.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Jasper Whitmore, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User
Contributions must not:
– Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
– Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
– Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Disclaimer of Warranties
THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Jasper Whitmore NOR ANY PERSON ASSOCIATED WITH Jasper Whitmore MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
Limitation of Liability
IN NO EVENT WILL Jasper Whitmore, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless Jasper Whitmore, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
Modifications to the Site and Agreement
Jasper Whitmore reserves the right to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. Jasper Whitmore may also revise this Agreement at any time and from time to time in its sole discretion. All such changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
This Agreement is effective until terminated by either party. If you wish to terminate this Agreement, you may discontinue using the Site. Jasper Whitmore may terminate this Agreement at any time without notice, and accordingly, may deny you access to the Site.
Governing Law and Jurisdiction
This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of [State].
This Agreement constitutes the entire agreement between you and Jasper Whitmore with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Jasper Whitmore with respect to the Site.