jimmyhaggard.com
Terms of Use
A. OVERVIEW
1. The following describes the terms and conditions ("Terms") under which you
may use this Web site (the "Site"). These Terms may change at any time without
notice to you. By using this Site, you are agreeing to be contractually bound by
these Terms as they are stated at the time of your use of (including any visit
to) the Site. You are responsible for any use of this Site by anyone using your
password, computer, e-mail address or other identifier. IF YOU DO NOT AGREE TO
THESE TERMS, YOU MAY NOT VIEW OR OTHERWISE USE THIS SITE.
2. This Site, www.jimmyhaggard.com, is the primary informational Web site of
Jimmy Haggard. It has been
designed to provide publicly available information about Jimmy Haggard and to its visitors. Your use of this Site other than for
informational purposes is prohibited. The term "use" (as that term is used
throughout these Terms) includes, but is not limited to, viewing, posting,
uploading, downloading, linking, copying, printing, storing, transmitting,
collecting, emailing and distributing. These Terms are not intended to govern
the use of any of Jimmy Haggard's other Web sites.
3. You hereby expressly agree to waive any and all claims you may have against
Jimmy Haggard
(whether currently in existence and/or arising hereafter) for any
failure by
Jimmy Haggard
to enforce these Terms.
B. INTELLECTUAL PROPERTY
1. All content on this Site (including, but not limited to, text, logos,
trademarks, service marks, materials, communications, software, data, sounds and
images) is protected by the intellectual property rights of
Jimmy Haggard
and/or
its third-party content providers.
2. All content on this site is Copyright 2010, Jimmy Haggard and/or subject to the copyright of its third-party content providers. All rights
reserved. Except as otherwise expressly permitted under copyright law, you may
not copy, download, print, remove, publish, redistribute, modify, transmit,
display, sell, create derivative works from, or in any way exploit any content
of this Site without the express permission of Jimmy Haggard and the copyright
owner.
3. All Jimmy Haggard marks utilized on the Site are the trademarks and
service marks of
Jimmy Haggard. The names of other companies and
products mentioned herein may be the trademarks of their respective owners.
C. INFORMATION AND CONTENT PROVIDED BY USERS
1. Visitors and other users of this Site may, from time to time, choose to send
us information. You hereby agree that you will not send us (including posting
and transmitting) any unlawful, threatening, abusive, defamatory, obscene,
vulgar, pornographic, profane, or indecent information of any kind, including,
without limitation, any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any state, national, or international law.
2. You also expressly agree that, subject to the Privacy Policy, Jimmy Haggard may
use any of the information you send us in any lawful way we choose for as long
as we want, and that such use by Jimmy Haggard will not violate any copyright,
moral right or other rights of yours. You further warrant and guarantee that you
own all rights to all information you send us, and agree to indemnify and hold
harmless Jimmy Haggard against any and all liability claims, expenses, causes of
action, or damages (including reasonable attorneys' fees) asserted by a third
party and related to information provided to us by you, and against any and all
claims that someone else's rights (including, but not limited to, intellectual
property rights, moral rights, rights of privacy, and reputation rights) were
violated by the information provided to us by you or by our publication or other
lawful use of the information provided to us by you.
3. You additionally agree that Jimmy Haggard has no responsibility to control or
review any content or other information provided to us by you or other third
parties. You further agree that Jimmy Haggard may remove from this Site any third
party content that we become aware of that we believe is potentially illegal,
could subject us to liability, or violates these Terms.
D. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
While it may be possible to link or otherwise connect from this Site to other
sites on the Internet, such a connection is done at your own risk. By providing
a link from this Site to another Internet site, Jimmy Haggard does not endorse, or
in any way take responsibility for, content that may be posted or events that
may transpire at those other sites.
E. DISCLAIMER OF WARRANTIES
1. YOUR USE OF THIS SITE IS DONE AT YOUR OWN RISK.
2. CSCLLC IS NOT RESPONSIBLE FOR ANY VIRUSES YOU MAY CATCH WHILE USING THIS
SITE; NOR IS CSCLLC RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF
THIS SITE OR OF ANY SERVICES AVAILABLE THROUGH THIS SITE.
3. ALL SERVICES AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THESE SERVICES AND CONTENT ARE
PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT.
4. CSCLLC (INCLUDING ITS SUBSIDIARIES AND LICENSORS) DOES NOT WARRANT THAT
THE SERVICES OR CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE,
RELIABLE OR CORRECT; THAT THE SERVICES OR CONTENT WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE SERVICES OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK.
F. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CSCLLC (INCLUDING ITS SUBSIDIARIES AND
LICENSORS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
CSCLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THIS SITE.
G. PROHIBITED USE OF THE SITE
In connection with Your use of this Site, You may not: (i) upload or distribute
in any way files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer; (ii)
interfere or disrupt this site or any networks connected to this site; (iii) use
any device, software or routine or attempt to interfere with the proper
functioning of this site or any transactions being offered at this site; (iv)
take any action that imposes an unreasonable or disproportionately large load on
Jimmy Haggard's infrastructure; (v) use this site to collect or harvest personal
information, including, without limitation, financial information, about other
participants at this site; and (vi) impersonate any person or entity or falsely
state or otherwise misrepresent Your affiliation with a person or entity. You
agree not to use the services, products, or downloads available at this site for
illegal purposes, and to comply with all regulations, policies and procedures of
networks connected to this site. If you have made prohibited use of this Site,
you will have breached the contract created by these Terms, and may be liable to
Jimmy Haggard for such breach. You may also be liable to Jimmy Haggard for
non-contractual legal remedies.
H. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Jimmy Haggard (including, but not
limited to, its employees, officers, directors, shareholders, licensors,
contractors, agents and all of its subsidiaries and affiliated companies) from
all liabilities, claims, expenses, causes of action or damages, including
attorney's fees and costs, that arise in any way from your use or misuse of this
Site. Jimmy Haggard reserves the right to assume the defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with Jimmy Haggard in asserting any available defenses.
I. GOVERNING LAW AND JURISDICTION
The law of the State of North Carolina will govern these Terms and your use of this Site.
By using this Site, you agree to the exclusive jurisdictions of the state and
federal courts of the State of
North Carolina
(as applicable) for any litigation that may
arise out of, or relate to, these Terms and/or your use of this Site. You agree
to waive any objection based on forum non convenient or any objection to venue
of any such action.
J. INTERNATIONAL USE
Jimmy Haggard makes no representation that this Site (including the content or
services provided on or through it) is appropriate for or available to locations
outside the United States of America; and using this Site from territories where
it is illegal to do so is prohibited. Use outside of the United States of
America is done at your own risk, and you are responsible for compliance with
all local laws.
K. SEVERABILITY AND INTEGRATION
1. Except as otherwise specified herein, these Terms constitute the entire
agreement between you and Jimmy Haggard with respect to this Site, and supersede
all prior or contemporaneous communications or proposals between you and
Jimmy Haggard with respect to this Site.
2. If any part of this agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties; and the remaining
portions of the agreement shall remain in full force and effect.
L. CONTACT INFORMATION
info@jimmyhaggard.com