Disclaimer

Legal Disclaimer and Site Terms of Use

Benjacksonjr.com
Terms of Use

I am an Internet entrepreneur, domain name developer, domain name investor, small business consultant, direct marketer, web designer and programmer. This is my personal weblog that I tried to make entertaining, informative, helpful, honest and fun. I now ask that you, the user ("You" or "User"), agree to abide by the following terms, conditions and policies (collectively, the "Terms" or "Agreement") On the odd chance that you don�t agree just leave and do not use this website.

The following Terms govern all use of the http://benjacksonjr.com website including, but not limited to, associated blogs, forums, and websites (collectively, the "Site" or the "Blog"), and all code, communications, design, documents, files, pages, graphics, layout, text, and software found on or through it (collectively, the "Content") and all products, services and opportunities provided by Benjacksonjr and third parties (collectively, the "Service").

Eligibility. You represent and warrant that you are at least 18 years of age and possess the legal authority, ability and right to enter into this Agreement and to use this Site in accordance with all terms and conditions stipulated herein.

The opinions expressed here are my own and not of my employer or anyone else and they are not liable for anything. The opinions expressed by people providing any comments on this Blog are theirs alone, and they do not reflect my opinions or anyone elses. I am not responsible for any information supplied by people who post comments on the Site.

This Site contains general information intended to educate and entertain and does not constitute any type of advice that relates to your specific circumstances. I strongly suggest that you use this Site as a general guide and starting point for further research. You are solely responsible for what you do or don't do with anything you may find on or through this Site.

I, the publisher, am not engaged in rendering legal, medical, financial, or other professional services. If expert assistance is required, you should immediately seek the services of a competent professional. You are well advised to discuss your specific requirements and all decisions with an independent accountant, boss, adviser, parent, sibling, doctor, therapist, clergy, lawyer, or significant other.

All information provided on this Site is for informational purposes only. I make no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this Site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.

All information found on or through this Site is provided on an "as-is" and "as-available" basis. By providing material on this Site, I do not promise that the content will remain forever available to you and I am entitled to change, discontinue, limit, suspend, terminate all or any part of this Site without notice or liability to you.

You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and this Site or its authorized agents or contractors as a result of this Agreement. You agree not to hold yourself out as a representative, agent, or employee of me or this Site.

I grant you a non-exclusive, non-transferable, limited right to access, use and display the Site and Content for your personal use only, provided that you comply fully with this Agreement.

You may download content only for your non-commercial, personal use provided that you: (a) retain all copyright, trademark and propriety notices; (b) make no modifications to the content; (c) do not use the content in a manner that suggests an association with any of my products, services, events or brands, and (d) do not download quantities of content to a database, server, computer, or any storage device for reuse for commercial purposes. You may not copy, reproduce, republish, upload, post, transmit or distribute any Content in any way or for any other purpose unless you get my written permission first.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, graphics or services obtained from this Site.

I sometimes provide banners, advertisements, and other links on this Site that may take you to other websites owned and operated by third parties and these links should not be seen as an automatic endorsement, approval or agreement with any information, resources, products or services offered at such websites. If you choose to visit other websites, you acknowledge sole responsibility for and assume all risk arising from your use of any such other websites or resources.

Termination

I can and will terminate this agreement at any time and without notice to you, if, in my sole judgment, you breach any term or condition of this Agreement.

Comments Policy

I enjoy the discussions we have and to ensure that your comments enhance and not detract from my Blog, you must follow my comments policy.

Think Before You Post. Comments are the sole responsibility of the commenter. That means you, and only you, are responsible for the words that you write.

Keep It To Yourself. Do not submit any personal information, including contact or financial information, for display in public areas, as others will see it. If you submit such information for display in public areas, I cannot prevent it from being used in a manner that violates the law, your personal privacy or safety and you assume the risks and sole liability arising as a result of such information being displayed. I am not responsible in any way for any information you choose to publicly share with others.

Duplicate Comments. Do not resubmit your comment if it does not appear right away or if it is deleted. If you are impatient and continually resubmit your comment you will be BANNED from this Site!

Language, Length, and Format. I have tried to make my blog as diverse as possible with different viewpoints and opinions. Harsh language, profanity or use of threatening language is not allowed nor will it be tolerated. Comments should be under 200 well thought out words with an occasional paragraph break to make it easier for everyone to read on a computer screen. If your comment conveys a coherent thought, I may just edit it slightly for length; tirades will most likely be deleted. At no time will I alter the core meaning of a comment.

If you really get passionate about an entry and just cant stop writing, please consider publishing your comment on a blog of your own. You can then post a short comment with a link pointing back to your blog to continue reading there.

If you use harsh, profane or threatening language (even once) you will be BANNED from this Site and most likely REPORTED to the proper Authorities.

Linking To Your Site and Others. I trust you to contribute links of genuine value so, I will not use the rel="nofollow" attribute by default. Please use valid XHTML link markup: link text. Please make your link text as descriptive and brief as possible (6 words or less per link). Double check your links. Any link that returns an error, leads to a site under construction, or cannot be resolved (unable to load) will be removed and subjected to public ridicule. Please no self promotion or blatant advertising. Excessive and/or inappropriate links will be removed.

Signatures In Comments. You may add a signature to your comment just keep it short (2 lines max) and do not include any links to your website.

E-mail Addresses. Please use a valid e-mail address when you post a comment. It will not be displayed unless you type it in the body of your comment and you will not be automatically subscribed to any mailing list.

Subscribing To Comments Via E-mail. To receive notice of subsequent comments, please provide a valid email address and leave a check mark next to "Notify me of follow up comments Via Email" before submitting your comment. You can unsubscribe at any time and your email address will not be shared with anyone else.

Comment Spam. I take comment spam seriously and all IP addresses involved will be reported to: the Internet blacklist, (2)the ISP/host for the offending domain, and the owner of the IP block. All comments from invalid e-mail addresses or ones that require any type of confirmation will be flagged as spam and deleted.

Comment Moderation. In order to maintain the integrity of my blog and its content, all comments, trackbacks, and pingbacks are moderated. That means that I have the right to edit, censor and delete anything I see fit. This may take some time so do not resubmit your comment if it does not appear right away or if it was deleted.

Copyright.

Unless attributed to other sources, all material appearing on this blog is owned and copyrighted by me, and it can not be posted or published without express written permission from me.

You hereby grant me and this Site the royalty-free, irrevocable, perpetual, exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content you submit, in whole or in part, and to incorporate such content in other works, in any form, media or technology now known or later developed.

Privacy

I take online privacy extremely seriously and I will protect the privacy of the users of this Site, my customers, my clients and those who subscribe to my mailing list.

Collected Information. When you visit this Site I may collect the following information through standard web server logs: your Internet protocol (IP) address, your Internet service provider, the referring domain, your basic domain information, your operating system, your browser type, files you accessed or downloaded, your date and time of visit, your length of visit, the number of times you have accessed our website, links you clicked on to leave our Site, and other non-personal information. You can however visit this blog anonymously, without revealing any personally identifiable information.

Information Use. I will only use the information I collect through this Site to administer this Site, diagnose server problems, analyze traffic and usage details, monitor performance, and to contact anyone who left their email address with a comment. I may also provide non-personally identifiable aggregated statistical data to reputable third parties. I will not disclose any personally identifiable, private information about you to any third party without your consent or required to do so by law.

Subscription Lists & Email Addresses. I will only collect the names and email addresses of subscribers to comments and the email newsletter. I will not release or disclose any personally identifiable information unless demanded by law. However general aggregate information may be used in any way I see fit.

Account Registration. In order to post a comment you may be required to register and create an account. To create an account you must first create a user name and password and provide valid contact information. Do not share this information with anyone. If you share a computer you should always log out before leaving any website or service to help prevent access to your information from subsequent users. It is your sole responsibility for maintaining the confidentiality of your account details, and for all activity that occurs under your account and password.

Data Security. I will protect your personal information through a combination of technological, organizational and procedural measures. I also follow generally accepted industry standards to protect your personal information, both during transmission and after being received, however, due to the open nature of the Internet, I cannot guarantee that any information stored on our servers, or transmitted to or from you, will be free from unauthorized access, and I disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge and agree to assume these risks.

Communications. All communications sent to this Site is considered property of me and this Site. You hereby grant to me a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any communications and any ideas or original content contained in such communications, in all media now known or hereafter developed, without any compensation to you.

Disclosure. I reserve the right to disclose any information if such action is necessary (a) to conform to the requirements of the law or to comply with legal process or subpoena served, (b) to protect and defend my legal rights or property, or yours, or (c) in an emergency, to protect the health and safety of you or the general public. I further reserve the right to release any information concerning any user if that user participates (or is reasonably suspected of participating) in any illegal activity, even without a subpoena, warrant, or other court order. I also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution and I will cooperate with law enforcement agencies in identifying those who may be using my services for illegal activities.

So now for the all intimidating text in all caps.

THE INFORMATION ON THIS SITE IS PROVIDED AS IS. THE AUTHOR(S) AND THE PUBLISHER WILL ASSUME NO LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE RELATED DIRECTLY OR INDIRECTLY TO THE INFORMATION ON THIS SITE.

IF YOU ARE DISSATISFIED WITH THIS SITE, IT'S SERVICES OR IT'S CONTENT YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.

NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE. THE PUBLISHER WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM THIS SITE, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MY LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS THIS SITE.

You shall indemnify, defend and hold harmless this Site, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys� fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of this Site or receipt or use of the Services.

I reserve the right, at my own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate with our defense of these claims and not in any event settle any matter without my written consent.

ANY USE OF THIS SITE IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF THE SITE OWNER AND MAY RESULT IN IMMEDIATE LEGAL ACTION AGAINST YOU.

Miscellaneous.

I am not responsible for any third party widgets or plugins used on this Site. I am also not responsible if you do not know what widgets and plugins are.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

I reserve the right, at my sole discretion, to modify or replace any part of this Agreement. Your continued use or access to this Site after the posting of any changes to this Agreement constitutes acceptance of those changes.

Any rights not expressly granted herein are reserved.

Benjacksonjr.com