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.
These Terms shall be governed by and construed in accordance
with the laws of Arkansas. You agree that any action at law or in equity
arising out of or relating to these Terms shall be filed only in the federal or
state courts located in Pulaski County, Arkansas and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these Terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between us relating
to the subject matter herein and shall not be modified except as provided
herein or in writing, signed by Us. To the extent that
anything in or associated with the website is in conflict or inconsistent with
these Terms of use, these Terms of use shall take precedence. Our failure to
enforce any provision of these Terms of use shall not be deemed a waiver of
such provision nor of the right to enforce such provision.