Terms

TERMS OF SERVICE

WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

If you have any questions please feel free to contact me:

1. Privacy

We are firmly committed to the privacy of our users. Click here to review our Privacy Policy.

2. Use of Website

Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited license to access, display and use our Web sites and their Contents. Our Web sites exist to provide you with a resource center for information. We authorize you to display, copy, distribute, download and print the Contents for your personal, informational, and non-commercial purposes only. The Contents may not be modified or reposted to other sites. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of our Web sites and prevent unauthorized copying of their Contents. Except as provided in this Agreement, we do not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.

3. Prohibited use of Website

Any use of our Web sites other than that stated in Section 2 is prohibited. Furthermore, you shall not use any features of this site that permit communications to post, transmit, display or otherwise communicate:

a. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

b. any advertisement, solicitation, spam, chain letter or other similar type information;

d. any encouragement of illegal activity;

e. unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others; or

f. any materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

4. Copyright and Trademark

The information contained on our Web sites, including all images, designs, photographs, writings, graphs, data, and other materials (“Contents”), as well as the collection, arrangement and assembly of the Contents, are the exclusive property of Aaron F. Shephard, and is protected by international and United States copyrights, trademarks, trade secrets, and/or other proprietary rights. The trademarks on our Web sites may not be used in connection with any other product or service. Any use of the Contents, other than as set forth in Section 2, including reproduction for purposes of modification, distribution, or republication, without our prior written consent, is strictly prohibited. We acknowledge the rights of third parties whose trademarks or registered trademarks are referenced at our Web sites.

5. Disclaimers and Limitations

You expressly agree that use of our Web sites is at your sole risk. We, nor our affiliates, nor any of our officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the Contents.

THE WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," “WHERE AVAILABLE” BASIS. WE AND OUR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability

YOU AGREE THAT NEITHER WE NOR OUR PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON OUR SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON OUR SITES OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON OUR SITES, YOUR USE OF, OR INABILITY TO USE, OUR SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE OR ANY OF OUR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Indemnity

As a condition of use of this Web site, you agree to indemnify, defend and hold harmless us and our Providers from and against any and all claims and expenses (including reasonable attorneys' fees) arising out of or related in any way to your use of our Web sites, violation of this Agreement, or of any law or regulation, or violation of any proprietary or privacy right.

8. Limitation on Claims

Any cause of action you may have with respect to your use of our Web sites must be commenced within one (1) year after the claim or cause of action arises.

9. Links to third Parties

This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. If you use these links you will leave our Web sites. Conversely, Web sites operated by entities other than us may contain links to our Web sites. The linked and linking sites are not under our control and we are not responsible for the contents, software, products or services available on any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites. We provide links as a convenience only. The existence of any link on our Web sites does not mean that we endorse, support or accept any responsibility for the content or use of such sites. You are solely responsible for the results and consequences of your use of such links. We reserve the right to discontinue any linked site at any time without prior notice. Please contact the web masters of any linked sites concerning any information, goods and/or services appearing thereon.

10. Errors and Delays

We are not responsible for any errors or delays in responding caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

11. General

a. Disputes. Any dispute relating in any way to your visit to of our Web sites shall be submitted to confidential arbitration in Maricopa County, Arizona, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

b. Entire Agreement. This agreement constitutes the entire agreement between you and Aaron F. Shephard and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic with respect to your sue of our Web sites and information, software, products and services associated with them. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

c. Term and Termination. Without limiting its other remedies Aaron F. Shephard may immediately discontinue, suspend, terminate or block your and any user’s access to this site at any time in our sole discretion.

d. Modifications to Agreement. We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to our Web sites. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Aaron F. Shephard does not and will not assume any obligation to notify you of the changes.