ANY USER(“YOU”) OF ANY JIM ADAN & ASSOCIATES(“WE”, “US”, “OUR”) WEBSITE(S) BY ACCESSING OR USING OUR WEBSITE(S) ACKNOWLEDGES AND AGREES TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE ANY JIM ADAN & ASSOCIATES WEBSITE(S).
RECITALS
WHEREAS, Jim Adan & Associates publishes and maintains a number of websites.
WHEREAS, Jim Adan & Associates reserves all rights in and to the content, design, and use of the websites it publishes and maintains.
WHEREAS, Jim Adan & Associates wishes to clearly establish the limited license it grants User(s) and the terms of acceptable use of our website(s) by User(s).
AGREEMENT
NOW, THEREFORE, we set forth the terms of use of the websites we publish and maintain upon the following terms and subject to the following conditions:
I. Limited License
Jim Adan & Associates hereby grants to you a limited, non-exclusive, non-transferable license to access and use our website(s) solely in a manner consistent with the terms and conditions of this Agreement. You may view or read our webpages, fill out any forms contained therein, and print copies of individual webpages for your personal reference provided you do not distribute such copies to others. You may not redistribute, sell, sublicense, decompile, copy, reverse engineer or disassemble any of our websites, or otherwise reduce any of our websites to any other form whatsoever. You also acknowledge and agree that our website(s) are intended for access and use by means of standard modern web browsing software, and that we do not commit to support any particular browsing platform. We reserve the right at any time to revise, modify, or discontinue any website, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of any website, without notice to you. If any revision or modification to any website materially changes your ability to conduct business with us or otherwise access or use our website(s), your sole remedy is to discontinue use of our website(s).
II. Ownership
Jim Adan & Associates retains sole ownership of all rights, title and interest in and to any website(s) published and maintained by it. You acknowledge and agree that all content available on any of our websites, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent or other proprietary rights and laws, and may not be used by you in any manner other than as specifically set forth herein. You agree not to change or delete any proprietary notices from content or other materials downloaded from any of our websites.
III. Intellectual Property We Use With Permission, Fair Use.
Certain content published on our website(s) is the protected intellectual property of third parties, which we use by permission, under license, or in a manner we believe to fall within the spectrum of fair use. You may not copy, republish, reproduce, or prepare derivative works from any such material published on our website(s) in any form or fashion other than as may be incidental to your noncommercial, fair use of our website(s) in whole, unaltered, as-published form for your personal, reference purposes in the course of routine internet usage activities such as printing and bookmarking, provided such activities are undertaken without intent to redistribute.
IV. Press.
You agree that any and all press releases and other public announcements related to this Agreement or your use of any of our websites, including the method and timing of such releases or announcements, is subject to our prior approval, which we may grant or refuse at our sole discretion, which approval must be given in writing, in advance. Any breach of your obligation regarding public announcements shall be a material breach of this Agreement.
V. User Obligations.
You agree to comply with all applicable laws, statutes, ordinances, rules, and regulations when using any of our website(s). You agree not to make any representation or warranty to any third party on behalf of Jim Adan & Associates. You further agree not to engage in any activity that:
(a) constitutes or encourages a violation of any applicable law or regulation, including but not limited to, the sale of illegal goods, or the violation of export control or obscenity laws;
(b) defames, impersonates, or invades the privacy of any third party;
(c) infringes the rights of any third party, including but not limited to, the intellectual property, business, contractual, or fiduciary rights of others;
(d) is in any way connected with the transmission of “junk mail”, “spam”, or the unsolicited mass distribution of e-mail, or with any unethical marketing practices;
(e) involves the display, sale, distribution, or creation of any pornographic, obscene, or otherwise offensive goods, services, material, or ideas, or promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
or;
(f) attempts to gain unauthorized access to any servers or other equipment or information controlled by Jim Adan & Associates, its agents, consultants, contractors, or concessionaires.
VI. Privacy.
Users of our website(s) expressly agree to the terms set forth in our privacy policy, Jim Adan & Associates And Your Privacy, which is incorporated herein by reference.
VII. Limited Liability.
THE AVAILABILITY OF OUR WEBSITE(S) DEPENDS ON MANY FACTORS, INCLUDING YOUR CONNECTION SPEED TO THE INTERNET, THE AVAILABILITY OF THE INTERNET, AND THE INTERNET BACKBONE AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. OUR WEBSITE(S) ARE HEREBY EXPRESSLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT OUR WEBSITE(S) WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE. ANY SECURITY MECHANISMS INCORPORATED IN OUR WEBSITE(S) HAVE INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT OUR WEBSITES SATISFY YOUR REQUIREMENTS.
YOUR USE OF OUR WEBSITE(S) IS ENTIRELY OF YOUR OWN WILL AND AT YOUR OWN RISK. NEITHER JIM ADAN & ASSOCIATES, ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, CONCESSIONAIRES, VENDORS, NOR SUPPLIERS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, REGARDLESS OF WHETHER WE ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE OUR WEBSITE(S), OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF ANY WEBSITE(S) WE PUBLISH AND MAINTAIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL AND/OR DATA OR OTHER USE OF THE SERVICES.
VIII. Indemnification.
You agree to indemnify, defend, and hold harmless Jim Adan & Associates, and any owners, partners, members, consultants, subsidiaries, affiliates, officers, directors, employees, and other agents thereof, from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from your violation of this Agreement or any activity arising out of or related to:
(a) access to or use of our website(s) by you;
(b) your conduct or the conduct of any of your representatives or agents;
(c) your violation or other infringement of any third party’s intellectual property rights, including, but not limited to, any trademarks, service marks, trade names, copyright or patent rights.
IV. General.
A. Severability. If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
B. Interpretation. All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context in which they are used may require. All headings and titles herein are inserted only for convenience and ease of reference and are not to be considered in the interpretation of any provision of this agreement.
C. Jurisdiction. This Agreement and the relationship between you and Jim Adan & Associates, and any consultants, employees, or other agents acting on its behalf, shall be governed by the laws of The State of California. You agree to submit to the personal and exclusive jurisdiction of the District Court of The State of California for Los Angeles County or The United States District Court for The State of California.
D. Modification. Jim Adan & Associates reserves the right, in our discretion, to change or modify this policy at any time. The current version of this policy shall be the version posted online at www.jimadan.com. JIM ADAN & ASSOCIATES MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON WWW.JIMADAN.COM. YOUR USE OF ANY OF OUR WEBSITES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE VERSION OF THIS AGREEMENT POSTED ON WWW.JIMADAN.COM AT THE TIME OF SUCH USE. IF THE TERMS AND CONDITIONS OF THE POSTED VERSION OF THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USING ANY AND ALL WEBSITES OPERATED BY US.
(END)
published: February 4, 2010
