totimundi.com Terms of use
 

Privacy policy

 

 

Terms of Use Agreement

Section 1--Acceptance of the Terms and Conditions


1.1 John R. Pierce (herein referred to as "JRP," "I," "me," or "my") provides and makes available this web site (the "Web Site").  All use of this Web Site is subject to the Terms and Conditions contained in this Terms of Use Agreement (the "Agreement").  Please read this page carefully.  By accessing, browsing or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.  If you do not accept the Terms and Conditions stated here, do not use the Web Site.

1.2 You understand and agree that I may change this Agreement at any time without prior notice.  You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Use" link on various pages of the Web Site. 

Section 2--Use of the Service


2.1 This Web Site contains material, such as software, text, graphics, images and other material (collectively referred to as the "Content").  The Content may be owned by me or may be provided through an arrangement I have with others.  The Content is protected by copyright under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the content except as permitted under this Agreement.  No other use is permitted without prior written consent from me.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, permission to you to access and/or use the Content and Web Site automatically terminates and you must immediately destroy any copies you have made of the Content.

The viewing of the Content by you with any form of ad-blocking software is prohibited.  The use of such software to view the Content may subject you and the manufacturers and sellers of such software to litigation and/or other legal process.

2.2 The trademarks, service marks, and logos of John R. Pierce and of totimundi and of totimundi.com  (collectively the "Trademarks") used and displayed on this Web Site are unregistered Trademarks of John R. Pierce.  Other company, product and service names located on the Web Site may be trademarks or service marks owned by others.  Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site, without the prior written permission of JRP specific for each such use.  The Trademarks may not be used to disparage JRP, his products or services, or in any manner in which, in my reasonable judgment, may damage my goodwill in the Trademarks.  All goodwill generated from the use of the Trademarks on any site inures to my benefit.

2.3 The Web Site contains links to third-party web sites ("External Sites").  These links are provided as a convenience to you and not as an endorsement by me of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

I am not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

Section 3--Limit of Liability and Warranty

3.1 JRP, HIS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (collectively the "COMPANY PARTIES") MAKE NO WARANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY.  THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.

THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, and so the above limitations or exclusions may not apply to you if you are in such a state.  IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Section 4--Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site.  JRP shall provide notice to you of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.  JRP reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting JRP's defense of such matter.

Section 5--Termination of the Agreement

5.1 Termination.  JRP reserves the right, in his sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content, at any time and for any reason without prior notice or liability.  JRP reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice of liability.

5.2 Survival.  If this Agreement is terminated, Sections 2, 3, 4, 5, 6, and 9 shall survive the termination of this Agreement.

Section 6--No Framing

Elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors, except where allowed in Section 2.  None of the Content of this Web Site may be retransmitted without express written consent from me for each and every instance.

Section 7--User Must Comply with Applicable Laws

7.1 This Web Site is based in Boston, Massachusetts.  I make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Web Site or the content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

7.2 The United States controls the export of products and information.  You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws.  By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited.  You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

Section 8--U. S. Government Restricted Rights.

The Content is provided with "RESTRICTED RIGHTS."  Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor.  Use of the Web Site or Content by the Government constitutes acknowledgment of my proprietary rights in the Web Site and Content.

Section 9--Miscellaneous.

9.1 THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT RESPECT TO ITS CONFLICT OF LAWS PROVISIONS.  YOU EXPRESSLY AGREE TO SUBMIT TO PERSONAL JURISDICTION BY THE STATE AND FEDERAL COURTS SITTING IN THE CITY OF BOSTON IN THE COMMONWEALTH OF MASSACHUSETTS. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID BY ANY COURT HAVING COMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. 

9.2
You waive any claim that a court located in Boston, Massachusetts, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum. You must bring any action you have against JRP within one year after the cause of action arises.

9.3 FAILURE OF JRP TO ACT ON OR ENFORCE ANY PROVISION OF THE AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF THAT PROVISION OR ANY  OTHER PROVISION IN THIS AGREEMENT.  NO WAIVER SHALL BE EFFECTIVE AGAINST JRP UNLESS MADE IN WRITING, AND NO SUCH WAIVER SHALL BE CONSTRUED AS A WAIVER IN ANY OTHER OR SUBSEQUENT INSTANCE.  EXCEPT AS EXPRESSLY AGREED BY JRP AND YOU, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND JRP WITH RESPECT TO THE SUBJECT MATTER, AND SUPERSEDES ALL PREVIOUS OR CONTEMPORANEOUS AGREEMENTS, WHETHER WRITTEN OR ORAL, BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER.  THE SECTION HEADINGS ARE PROVIDED MERELY FOR CONVENIENCE AND SHALL NOT BE GIVEN ANY LEGAL IMPORT.  THIS AGREEMENT WILL INURE TO THE BENEFIT OF MY SUCCESSORS, ASSIGNS, LICENSEES, AND SUBLICENSEES.

Section 10--Advertisements and affiliate links

This Web Site is a personal website written and edited by me. This Web Site accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation. If you click on links in this Web Site and buy products, I may receive a commission.

The compensation received may influence the advertising content, topics or posts made in this Web Site. That content, advertising space or post may not always be identified as paid or sponsored content.

The owner of this Web Site is compensated to provide opinion on products, services, websites and various other topics. Even though the owner of this Web Site receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this Web Site are the writers' own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

This Web Site does contain content which might present a conflict of interest. This content may not always be identified.