Terms and Conditions of Use
The following Terms and Conditions of Use (Terms) are a legal agreement between you and Al Holman. By accessing, browsing and/or using the alholman.com web site ("Site"), you acknowledge that you have read, understood and agree, to be bound by these Terms as set out herein and all other disclaimers, guidelines, policies and Terms appearing on this Site (collectively, the "Terms and Conditions of Use") and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms, do not use this Site.
The Terms constitute the entire agreement between you and Al Holman with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Al Holman. The Terms are subject to change at any time without prior notice by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound. Further, be advised, “The U.S. Supreme Court ruled in Reno v. ACLU (1997) that speech on the Internet receives the highest level of First Amendment protection. The Supreme Court explained that, “our cases provide no basis for qualifying the level of First Amendment scrutiny that should be applied to this medium.”
Your use of the alholman.com web site is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the alholman.com web site to upload/download any User Content that:
· is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense ;
· violates the rights of any party (including without limitation rights of privacy and publicity);
· is obscene, lewd, lascivious, violent, or otherwise objectionable;
· displays material that exploits children, or otherwise exploits children under 18 years of age;
· infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
· introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
· in our sole judgment, which may expose the alholman.com web site or its users to any harm or liability of any type.
If you wish to use the alholman.com web site you must register and create a user account (“User Account”), and you must create truthful and accurate information. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password.
You own and are solely responsible for any User Content that you transmit, upload, publish or display (hereinafter “distribute”) on or through the alholman.com web site. The alholman.com web site may block or remove any such User Content or prohibit any use of the alholman.com web site that it believes may be (or is alleged to be) in violation of these Terms . You grant alholman.com web site the right to use your User Content solely for the provision of the alholman.com web site.
The alholman.com web site reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the alholman.com web site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
The alholman.com web site contains (or you may access through the alholman.com web site) links to other web sites belonging to third parties (“Third Party Services”). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the alholman.com web site, and the alholman.com web site is not responsible for any Third Party Services accessed through the alholman.com web site or any Third Party Content linked or posted through the alholman.com web site.
Alholman.com web site uses a third party to process payment transactions. Alholman.com web site does not ask for, transmit or collect your personal or payment information. Any issues with payments related to the alholman.com web site should be directed to our third-party payment provider.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the alholman.com web site (“Submissions”), provided by you to the alholman.com web site are non-confidential and shall become the sole property of the alholman.com web site. The alholman.com web site shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The alholman.com web site is the proprietary property of alholman.com web site, its users or its licensors with all rights reserved. alholman.com web site grants you a limited, revocable license to use the alholman.com web site and all content contained therein in accordance with these Terms . Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to alholman.com web site intellectual property rights, whether by estoppels, implication or otherwise.
The alholman.com web site is protected to the maximum extent permitted by copyright laws, First Amendment Rights and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the alholman.com web site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or other purposes, any aspect of the alholman.com web site .
The alholman.com web site and the alholman.com web site logo are trademarks of alholman.com web site,. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
The alholman.com web site reserves the right to modify or terminate any or all portions of the alholman.com web site with or without cause at any time and effective immediately. The alholman.com web site shall not be liable to you or any third party for termination. Should you object to any modifications to the alholman.com web site or become dissatisfied with the alholman.com web site in any way, your only recourse is to immediately discontinue use of the alholman.com web site.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. The alholman.com web site may broadcast notices or messages through the alholman.com web site to inform you of changes to these Terms , the alholman.com web site, or other matters of importance. Such broadcasts shall constitute notice to you.
The alholman.com web site may be temporarily unavailable from time to time for maintenance or other reasons. The alholman.com web site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
· THE ALHOLMAN.COM WEB SITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALHOLMAN.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
· ALHOLMAN.COM MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) The ALHOLMAN.COM WEB SITE OR ANY THIRD PARTY SERVICES, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ALHOLMAN.COM WEB SITE , OR (ii) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR USER CONTENT. ALHOLMAN.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE.
· USE OF THE ALHOLMAN.COM WEB SITE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR USER CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE ALHOLMAN.COM WEB SITE BE LIABLE TO YOU ON ACCOUNT OF (i) YOUR USE OR MISUSE OF OR RELIANCE ON THE ALHOLMAN.COM WEB SITE , OR (ii) YOUR INABILITY TO USE THE ALHOLMAN.COM WEB SITE , OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR ALHOLMAN.COM WEB SITE , LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ALHOLMAN.COM WEB SITE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF THE ALHOLMAN.COM WEB SITE OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $5.00. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You agree to indemnify and hold the alholman.com web site, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the alholman.com web site, the User Content you provide, or any violation of these Terms or of any law or the rights of any third party.