Welcome to the joshtheotter.org website (the “Site”), which is owned and operated by the Joshua Collingsworth Memorial Foundation, a Nebraska nonprofit corporation (“JCMF” “we” or “us”). By visiting or otherwise using any area of the Site, you unconditionally agree to follow and be bound by these Terms and Conditions of Use (the “Terms”). If you do not agree with these Terms, you must immediately leave the Site.
License and Site Access
JCMF grants you a limited, nonexclusive, revocable license to access the content made available on this Site, including information about JCMF’s products and services (the “Content”). This license does not include any right to (a) download (other than page caching), reproduce, copy or modify the Site or Content, or any portion or derivative thereof; (b) resell or commercially use any collection or any product listings, descriptions or prices (unless you have a business relationship with us which expressly authorizes such use); (c) make any derivative use of this Site or the Content; (d) download or copy any account information for the benefit of another organization; (e) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information which appears on this Site (including images, text, page layout, or form); or (f) use any metatags or any other “hidden text” utilizing the name or trademarks which appears on this Site.
Age of Users
If you are the parent or guardian of a user of this Site that is under the age of 18 (a “Minor”), you are fully responsible for the Minor’s use of the Site, including all financial charges and legal liability that the Minor may incur. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information to or on any of our Sites, we will remove that information as soon as possible.
Except as expressly provided in these Terms, access to this Site does not confer and shall not be considered as conferring upon anyone a right or license to copy or use any images, photographs, animations, video, audio, music, text, the overall “look and feel”, processes, programs software, technology, and other materials and Content which appear on the Site, or the business processes used by JCMF to promote its products and services. The compilation of Content on this Site is the exclusive property of JCMF and is protected by copyright laws.
JCMF names and logos and all related product and service names, design marks and slogans that appear on this Site are owned by or licensed to JCMF. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
The information on the Site is updated from time to time and is proprietary or is licensed to JCMF by our affiliates, suppliers or other third parties. You agree not to use any device, technique, software, system or routine to interfere or attempt to interfere with, or to otherwise circumvent the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, device, technique, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, scrapers, crawlers, avatars or intelligent or automated tools, agents or means of data gathering and extraction) to navigate, access or search this Site, other than generally available third party web browsers such as ChromeTM, Safari®, and Firefox®. Additionally, you agree that you will not take any action that imposes or may impose (in the sole discretion of JCMF or its affiliates, suppliers, or other third parties affected by your action) an unreasonable or disproportionately large load on JCMF infrastructure, or the bandwidth or infrastructure of JCMF that hosts the Site, or bypass the robot exclusion headers or other measures on the Site or on the host servers that may be used to prevent or restrict access.
Violation of the Terms
Any unauthorized use terminates the permission or license granted herein by JCMF. JCMF shall have the right to temporarily or indefinitely suspend or terminate your right to use or access all or any part of the Site, including any account therein, without notice and without liability to you, for any reason in JCMF’s sole discretion, including if you violate any of the Terms. JCMF shall have all additional rights and remedies at law and in equity arising from such violation.
You agree to indemnify, defend and hold JCMF and its affiliates, suppliers, employees and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or relating to use of the Site by you or arising out of or relating to a breach by you of these Terms. If you violate or infringe upon the rights of any third party, they shall have all remedies at law and in equity to enforce their rights against you to the extent applicable arising from your actions.
JCMF makes commercially reasonable efforts to provide accurate information via this Site. JCMF, its employees, officers, agents, affiliates, and suppliers make no warranty or representation as to the accuracy of information and assume no liability for any errors or omissions in any portion of the Content. JCMF reserves the right to change or discontinue any or all parts of this Site. All information provided through this Site is subject to change without prior notice at any time.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY JCMF ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JCMF DISCLAIMS ALL WARRANTIES, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THE FOLLOWING: (A) AS TO THE OPERATION OF THE SITE; (B) THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; (C) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT OR SERVICE PROVIDED THROUGH THE SITE; OR (E) THAT THE SITE, ITS SERVERS OR E-MAILS SENT FROM OR ON BEHALF OF JCMF ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Limitation of Liability
JCMF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORZIED ACCESS TO JCMF’S RECORDS, PROGRAMS, OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. JCMF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT EVEN IF JCMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Any delay or failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit such rights with respect to such breach or any subsequent breaches.
Applicable Law; Severability
These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska. If any provision of these Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Terms, which shall be given full effect. You agree that any and all disputes, claims and causes of action arising out of or connected with the use of this Site or on-line ordering from this Site (i) shall be resolved individually, without resort to any form of class action; and (ii) shall be resolved exclusively by the United States District Court or the appropriate Nebraska court located in Lancaster County, Nebraska, and you agree to submit to the nonexclusive personal jurisdiction of such courts and waive any objection to the laying of venue of any litigation in said courts.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Joshua Collingsworth Memorial Foundation, Attn: President, P.O. Box 21712, Lincoln, NE 68542. JCMF suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Changes to Joshtheotter.org Terms and Conditions of Use
These Terms were last updated on September 1, 2017. We reserve the right to update or modify these Terms at any time without prior notice to you. For this reason, we recommend that you review these Terms whenever you visit the Site. These Terms represent the entire agreement between you and JCMF regarding the use of the Site.
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