of Use Agreement
Section 1--Acceptance of the Terms and Conditions
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
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
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
of the Web Site.
Section 2--Use of the Service
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.
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.
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
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
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.
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.
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
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.
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
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.
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
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.
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
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.