|
The following terms and conditions apply to your use of the ByCraigMcGuire website ("Website").
Terms of Use. Using this Website indicates that you accept and agree to be bound by the following terms and conditions.
Proprietary Rights Notices. All text, graphics, logos, icons, button icons, images and the selection and arrangement of the content of this Website, as well as the computer programs used to generate web pages and the Website ("Materials") are the exclusive property of Craig McGuire, licensors and or affiliates, and is protected by U.S. and international copyright, trademark, and other laws, and may not be used or copied without the express written permission of Craig McGuire. Craig McGuire reserves any and all rights, in all media and technologies existing now or later developed, not expressly granted in this Agreement. The deletion or alteration of any copyright or other proprietary notices from this Website is strictly forbidden. Nothing in this Agreement shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Craig McGuire. Copyright © 2006 Craig McGuire, 81 Sleepy Hollow Road, Staten Island, New York 10314 U.S.A. Craig McGuire authorizes you to view and download Materials for your personal use only, and provided that you retain all copyright and other proprietary notices contained in the Materials. You may not modify any of the Materials on this Website in any way or reproduce, republish, distribute or otherwise use the Materials without the express written consent of Craig McGuire.
Infringement Notice. Craig McGuire respects the intellectual property of others, and asks you to do the same. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Craig McGuire has designated Health Berg, Info@ByCraigMcGuire.com, Copyright Agent of this Website, to receive notifications of claimed infringement. If you believe that your work has been copied and is accessible on the Website, or any hosted or co-located Websites, in a way that constitutes copyright infringement, you may notify Mr. Berg. By providing its Copyright Agent with the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (3) Identification of the URL or other specific location on the Website where the allegedly infringing material is located; (4) Your address, telephone number and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent to act on behalf of the copyright owner.
Specific Prohibited Uses. Craig McGuire specifically prohibits and you agree not to use the Website for any of the following: (1) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (2) taking any action which imposes an unreasonable or disproportionately large load on this Website's infrastructure; (3) if you have a password allowing access to a non-public area of the Website, disclosing to or sharing your password with any third party or using your password for any unauthorized purpose, including attempting to gain unauthorized access to the Website’s related software and computer systems; (4) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from Craig McGuire on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (5) and or attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
Website Security Rules. You agree not to violate or attempt to violate, the security of this Website, including, without limitation; (i) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "denial-of-service", "brute-force" or "crashing"; (iv) sending unsolicited e-mail, including promotions or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail. Any of the above described violations are strictly prohibited. Craig McGuire will investigate occurrences that involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations. Violations, and attempted violations, of network security may result in civil and or criminal liability and will be prosecuted to the fullest extent of the law.
Security of Data Transmission and Storage. Electronic communications with this Website may not be encrypted. You acknowledge that there is a risk that data, including email, electronic communications and personal data, may not be secure and may be accessed by unauthorized third parties when communicated between you and this Website or between you and other parties. Craig McGuire is not responsible for, does not control, and disclaims all liability for, the loss of any information, data or other assets resulting from the inadequacy, failure, or mere lack or security of any network or other computer system owned and or operated by you or other parties. Further, Craig McGuire does not guarantee the security or integrity of the Website or services and shall not be liable for the consequences of any breach of security of the Website or services, other than due to its gross negligence. Craig McGuire strongly recommends to all users that basic security measures such as firewalls and password and registration information protections be maintained at all times, as required by this Agreement, to protect proprietary and sensitive information.
No Warranty. You expressly agree that your use of the Website is at your sole risk. The Website is provided "AS IS" and "AS AVAILABLE" for your personal use, without warranties of any kind, either expressed or implied, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, unless such warranties are legally incapable of exclusion. In no event shall Craig McGuire be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website (or any linked, hosted or co-located websites) or with the delay or inability to use this Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Craig McGuire liability shall be limited to the extent permitted by law. Craig McGuire does not endorse, warrant or guarantee any product or service offered through this Website, except as expressly provided elsewhere.
Limitations of Liability and Damages. This Website, its licensors and or affiliates, third party providers, and any other persons involved in transmitting information will not be liable under any circumstances for any consequential, incidental, special or indirect damages even if you advise them of the possibility of such damages. This includes, but is not limited to, claims for loss of profits and damages that may result from the use, inconvenience, delay or loss of use of the information or for omissions or inaccuracies in the content or information. As a condition to accessing and using this Website, you expressly agree to waive any claim you may have against Craig McGuire, the Website’s licensors and or affiliates, any third party providers or any other persons involved in transmitting information or providing any services on the Website or through Craig McGuire. By accessing or receiving information and or content, you agree that the liability of Craig McGuire, this Website’s licensors and or affiliates, any third party providers, and any other persons involved in transmitting information, arising out of any legal claim (whether in contract, tort or otherwise) in any way connected with the Website or services will not exceed the amount you originally paid for the same. Craig McGuire, this Website’s licensors and or affiliates, any third party providers, and any other person involved in transmitting information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to: (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of internet access; (5) problems with internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. In addition, Craig McGuire is not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Website or its services.
Indemnification. You agree to defend, indemnify and hold harmless Craig McGuire, this Website’s licensors and or affiliates, third party providers, and each of their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees that arise from your use of the Website or services. Craig McGuire reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.
The Use of Cookies. The Website places a session cookie on your computer. A cookie is a unique identifier that helps us understand how visitors navigate the site. The use of cookies is standard on the Internet and many major websites employ them. Most browsers automatically accept cookies; however, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept the cookie. The cookie itself does not identify you, your email address or any other personal information. We use the information it provides to help us improve the Website. Even without accepting a cookie you can still access most of the features on the site. There will, however, be limitations on your use of some site functions. There is no personal or aggregate data collected by these cookies.
Sharing of Information. Craig McGuire does not share aggregate or personal information with third parties. Craig McGuire will disclose personal and aggregate information when required by law, including search warrants, subpoenas, court orders, or when Craig McGuire deems necessary, in its sole discretion, to protect the safety of others, its rights, employees or property.
Links. Craig McGuire may provide links to other websites for informational purposes. Craig McGuire does not control these other websites, is not responsible for them, and makes no representations as to their availability, accuracy, content, quality, nature and copyright compliance or any viruses accessed through them. The fact that ByCraigMcGuire.com provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and craig McGuire cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Craig McGuire liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites. In addition, you may not link this Website or any of its web pages, services, information, content, third party information, or web pages of any third party provider, or licensors and or affiliates of Craig McGuire, to your website or any website of any other party.
Additional Provisions. You agree that no joint venture, partnership, employment or agency relationship exists between you and Craig McGuire as a result of this Agreement or your use of the Website or the services. This Agreement represents the entire binding agreement between us, and our respective successors and assigns, and supersedes any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Craig McGuire, the Website or the information thereon. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. You acknowledge that, in providing you with access to the Website and services, Craig McGuire has relied upon your consent to be bound by the terms of this Agreement and any user or license agreement(s) related to or accompanying the Website and services. You further acknowledge that you have read, understand and agree to be bound by the terms of this Agreement or any other agreement with Craig McGuire that applies to your use of the Website and our Services, as currently in effect and as amended from time to time. This Agreement, and all future agreements you shall enter into with Craig McGuire, unless otherwise indicated in such other agreement, shall be governed by the laws of the state of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Craig McGuire in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. This Website is controlled, operated and administered from the United States of America. Craig McGuire makes no representation that the information on the Website or our services are appropriate, available or legal for use outside the United States. You may not use the Website or our services or export the same from or through this Website in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you are solely responsible for compliance with all local laws. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provision of this Agreement or affecting the validity or enforceability of such remaining provisions. Craig McGuire shall not be liable for any failure to perform his obligations in connection with any Services or access to the Website, where such failure results from any act of God or other cause beyond its' reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents such party from transmitting or receiving any documents, accessing information, Services or the Website. Headings or titles of the provisions hereof are for convenience only and shall have no effect on the provisions of this Agreement.
Contacting Us. If you have any questions about this Website, the practices of this Website, or your dealings with this Website, you can contact us via e-mail: Info@ByCraigMcGuire.com.
|