Terms and Conditions

terms and conditions

 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Employee or Independent Contractor? (https://nathansgibson.org/) website (the “Website”) operated by Nathan S. Gibson.

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Website.

General

All information provided on the Website is for informational use only. Nathan S. Gibson makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. Nathan S. Gibson will not be liable for any errors or omissions in this information nor for the availability of this information. Nathan S. Gibson will not be liable for any losses, injuries, or damages from the display or use of this information. The views expressed on this blog are Nathan S. Gibson’s views. These terms and conditions of use are subject to change at any time and without notice.

Acceptable Use

You may use the Website only for lawful purposes. You may not use the Website:

  • In any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To use or re-use any material which may in any way infringe the intellectual property rights of Nathan S. Gibson or any other person.

Viruses, Hacking and other Offenses

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may be committing a criminal offense. Nathan S. Gibson will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Reliance on Information Posted

Information, commentary, opinions or other materials posted on the Website are not intended to amount to advice on which reliance should be placed. Nathan S. Gibson does not accept any liability or responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. Please consult a qualified professional for professional advice and guidance.

The Website Changes Regularly

The Website changes and is updated regularly and the content may be changed at any time. If the need arises, access to the Website may be suspended or closed indefinitely. Material on the Website may be out of date at any time. Nathan S. Gibson is under no obligation to update such material.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of Nathan S. Gibson. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. The trademarks may not be used in connection with any product or service without the prior written consent of Nathan S. Gibson.

All use of information and material from the Website must in accordance with the intellectual property rights of the owners of the information or materials. You may not use any information or material for commercial purposes without obtaining the written consent from the intellectual property owner.

Links to Other Web Sites

The Website may contain links to third party web sites or services that are not owned or controlled by Nathan S. Gibson. These links are provided for your information or convenience only.

Nathan S. Gibson has no control over and no responsibility for the content, privacy policies, or practices of any third-party websites or services. Nathan S. Gibson does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Nathan S. Gibson is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Linking to the Website

You may link to the Website provided you do so in a way that is in accordance with these Terms and Conditions, does not infringe on any other party’s Intellectual Property Rights and does not damage Nathan S. Gibson’s reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site. Nathan S. Gibson reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects the provisions of the content standards and acceptable use paragraphs.

Termination

Nathan S. Gibson may terminate or suspend your access to the Website immediately, without prior notice or liability, in his sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Nathan S. Gibson and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Nathan S. Gibson, nor his partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not he have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Nathan S.Gibson does not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.

Nathan S. Gibson’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Nathan S. Gibson regarding the Website, and supersede and replace any prior agreements regarding the Website.

Severability

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No failures to exercise and no delay in exercising any right or privilege under these Terms and Conditions shall operate as a waiver thereof. A waiver of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

Entire Agreement

These Terms and Conditions govern the relationship between Nathan S. Gibson and you and represent the entire understanding of the subject matter.  By agreeing to and accepting these Terms and Conditions, you agree and acknowledge that you have not relied on any prior representation or communications.

Changes

Nathan S. Gibson reserves the right, at his sole discretion, to modify or replace these Terms at any time.

By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

Contact

Please contact Nathan S. Gibson at nate@nategibson.net if you have any questions.

Last updated: December 20, 2017

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