PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THE WEB SITE
By using this Web site, you signify your assent to these
terms of use. If you do not agree to these terms of use,
please do not use the site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of
these terms at any time. Please check these terms
periodically for changes. Your continued use of the Web site
following the posting of changes to these terms will mean
you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials, including, but not
limited to, news articles, images, illustrations, designs,
icons, photographs, video clips and audio clips that are
part of the Web site (collectively, the "Content") are
protected by copyright and owned, controlled or licensed by
JBCO, or the party credited as the provider of the Content.
You shall abide by all additional copyright notices,
information or restrictions contained in any Content
accessed through the Web site.
No Content from the Web site may be copied, reproduced,
framed, hyperlinked, republished, downloaded, uploaded,
posted, transmitted, or distributed in any way; provided,
however, you may download, where specifically permitted, one
copy of the Content on any single computer for your
personal, non-commercial use only, provided you keep intact
all copyright and other proprietary notices. Copying or
storing of any Content for other than personal use is
expressly prohibited without prior permission from
jerrybarton@jerrybarton.com,
or the copyright holder identified in the copyright notice
contained in the Content.
If you wish to build a hyperlink to the Web site, you may
do so provided you agree to cease such link upon request
from JBCO. No other use is permitted without prior written
permission of JBCO.
Use of any robot, spider, other automatic device, or
manual process to monitor or copy our Web pages or the
Content is strictly forbidden.
Modification of the Content or use of the Content for any
other purpose is a violation of JBCO’s copyright and other
proprietary rights. For purposes of these terms, the use of
any Content on any other web site or networked computer
environment is prohibited. All trademarks, service marks and
trade names are proprietary to JBCO.
USAGE BY CHILDREN UNDER 13
The Web site is directed to adults and is not directed to
children under the age of 13. JBCO cannot prohibit minors
from visiting the Web site. JBCO must rely on parents,
guardians and those responsible for supervising children
under 13 to decide which materials are appropriate for such
children to view and/or purchase. JBCO complies with the
Children's Online Privacy Protection Act and does not permit
registration by and will not knowingly collect personally
identifiable information from anyone under 13. This
requirement will be posted wherever JBCO collects data
within the Web site, such as during the registration
process.
MEMBER ACCOUNT
By registering as a user of this Web site you are
responsible for maintaining the confidentiality of the
username (email address) and password, and responsible for
all activities that occur under your username and password.
You agree to notify JBCO of any unauthorized use of your
username and password or any other breach of security.
FEES AND PAYMENTS
JBCO reserves the right at any time to charge fees for
access to portions of the website or the website as a whole.
However, in no event will you be charged for access to the
Web site unless we obtain your prior agreement to pay such
charges. You shall pay all fees and charges incurred through
your account at the rates in effect for the billing period
in which such fees and charges are incurred. You shall pay
all applicable taxes relating to use of the website through
your account.
E-MAIL AND PUBLIC COMMUNICATION
"Forum*" means letters, e-mails or other types of
communications to the editors, Webmaster(s) or employees of
JBCO, and messages posted in connection with online seminar
discussions on the Web site. You shall not upload to,
distribute through, or otherwise publish through a Forum on
the Web site any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise
objectionable that would constitute or encourage a criminal
offense, violate the rights of any party, or that would
otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner.
You shall not, without our express approval, distribute or
otherwise publish any material containing any solicitation
of funds, promotion, advertising, or solicitation for goods
or services. You specifically acknowledge that soliciting
other guests of the Web site to join or become members of
any commercial online or offline service or other
organization is expressly prohibited.
Subject to the terms of the JBCO privacy policy, in
general, we will not monitor or edit the contents of Forum
materials unless required in the course of normal
maintenance of the Web site and its systems or unless
required to do so by law or in the good-faith belief that
such action is necessary to: (1) comply with the law or
comply with legal process served on JBCO; (2) protect and
defend the legitimate business interests, rights or property
of JBCO, its users, advertisers, customers, sponsors,
advertisers or affiliates; or (3) act in an emergency to
protect the personal safety of our guests or the public.
Users shall remain solely responsible for the content of
their communications. JBCO has the right but not the
obligation to monitor and edit or remove any Forum
communications and content.
By uploading materials to any Forum or submitting any
materials to us, you automatically grant (or warrant that
the owner of such rights has expressly granted) us a
perpetual, royalty-free, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such
materials or incorporate such materials into any form,
medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all
so-called "moral rights" in those materials have been
waived.
PRIVACY
Registration data and certain other demographic information
about you are subject to JBCO’s privacy policy. For more
information, see our privacy policy at
http://www.jerrybarton.com/privacypolicy.htm,
which is incorporated in full herein by reference.
INDEMNIFICATION
You agree to indemnify, defend and hold JBCO harmless from
any liability, loss, claim and expense, including reasonable
attorneys fees, related to your violation or alleged
violation of this Agreement or use of the Web site.
NON-TRANSFERABILITY
Your right to use this Web site is not transferable. Any
password or right given to you to obtain information is not
transferable.
JURISDICTION
Unless otherwise specified, the Content on the Web site is
presented solely for the purpose of promoting publications
and other products available in the United States, its
territories, possessions, and protectorates. The Web site is
controlled and operated by JBCO from its offices within the
State of Texas. JBCO makes no representation that
content on the Web site is appropriate or available for use
in other locations. Those who choose to access the Web site
from other locations do so on their own initiative and are
responsible for establishing the usability or correctness of
any information or Content under any or all jurisdictions
and the compliance of that information or Content with local
laws, if and to the extent local laws are applicable.
All users, including those users who access the Web site
from a country other than the U.S., agree that the laws of
the State of Texas shall govern any dispute, including those
arising from JBCO’s use of personal information or otherwise
relating to privacy, as specified in the Your Privacy.
TERMINATION
These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying all
Content obtained from any and all Web site(s) and all
related documentation and all copies and installations
thereof, whether made under these terms or otherwise. The
privileges granted to you by these terms, including the
maintenance of a member account, will terminate immediately
without notice from JBCO if, in JBCO’s sole discretion, you
fail to comply with any provision of these terms. Upon
termination, you must destroy all Content obtained from the
Web site and all copies thereof, whether made under these
terms or otherwise. JBCO may take such further action as
JBCO determines to be appropriate under the circumstances to
eliminate or preclude repeat violations, and JBCO shall not
be liable for any damages of any nature suffered by any
customer, user, or any third party resulting in whole or in
part from JBCO’s exercise of its rights under these terms
and conditions.
DISCLAIMER
JBCO PUBLISHES THE MATERIALS ON THIS WEBSITE "AS IS" WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JBCO
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. JBCO DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS WEBSITE OR THE SERVER(S) THAT MAKE THIS WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
JBCO DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT JBCO) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL JBCO BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF
JERRYBARTON.COM OR A JERRYBARTON.COM AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL JBCO TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
NOT LEGAL, INVESTMENT OR LEASING ADVICE
The Content contained on the Web site has been prepared by
JBCO as a service to its readers and the Internet community
and is not intended to constitute investment, leasing, real
estate, or legal advice. JBCO has used reasonable efforts in
collecting, preparing and providing quality information and
material, but does not warrant or guarantee the accuracy,
completeness, adequacy or currency of the information
contained on or linked to the Web site. Users of information
from the Web site or links do so at their own risk.
OTHER PRODUCTS
Any reference made by the Web site to any specific
commercial product, process, or service (or provider of such
product, process or service) by trade name, trademark,
hyperlink, or otherwise, does not constitute or imply an
endorsement, recommendation, or favoring by JBCO. Content on
the Web site may be provided by third parties and users. Any
opinions, advice, statements, services, offers or other
information expressed or made available by third parties,
including information providers, users or others, are those
of the respective author(s) or distributor(s) and do not
necessarily state or reflect those of JBCO.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that the Web site contains links to outside
services and resources, JBCO does not control the
availability and content of those outside services and
resources. Any concerns regarding any such service or
resource, or any link thereto, should be directed to the
particular service or resource.
MISCELLANEOUS
These terms shall be governed by and construed in accordance
with the laws of the State of Texas. You agree that any
action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal
courts located in Tarrant County 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. You agree that
regardless of any law or statute to the contrary, any claim
or cause of action arising out of or relating to the Web
site and these Terms of Service must be filed within one (1)
year of the date the cause of action arose, or be barred as
untimely. 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 JBCO. To
the extent that anything in or associated with the Web site
is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. JBCO’s failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such
provision.