Terms of Use & Privacy Policy

Effective: 2015-01-09
Last Modified: 2015-01-09

PLEASE READ THE FOLLOWING TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.

By using the website located at andrewstockment.com (including any subdomains of andrewstockment.com, this “Site”), you agree to be bound by the provisions of these Terms of Use (these “Terms of Use”), including the privacy policy provisions that are part of these Terms of Use (the “Privacy Policy”). This Site is owned and operated by Andrew Stockment, a resident of the Commonwealth of Virginia. By agreeing to these Terms of Use, Andrew Stockment grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use this Site in accordance with these Terms of Use. If you violate any of these Terms of Use, the foregoing limited license to use this Site will automatically terminate.

TERMS OF USE

1. Acceptance. The use of this Site is governed by these Terms of Use between each visitor to this Site (“you” (in its various grammatical forms, such as “your”)) and Andrew Stockment. Your use of this Site constitutes your acceptance of these Terms of Use. The terms “I”, “me”, “my”, or “mine” as used in these Terms of Use refer to Andrew Stockment. These Terms of Use contain important provisions concerning your legal rights and obligations, including disclaimers and notices (section 3), disclaimers of warranties (section 6), limitation of liability (section 7), and indemnification (section 8).

2. Modification. From time to time, I may, without notice, update and make additions, deletions, or other modifications to these Terms of Use. I encourage you to review these Terms of Use each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use that are displayed on this Site on the date of such use. If you do not agree with the updated Terms of Use, you agree that you will promptly discontinue your use of this Site. You can access historical versions of these Terms of Use and other policies at: www.andrewstockment.com/terms-of-use-privacy-policy/archive/. Notwithstanding the foregoing, no modification by me of these Terms of Use will apply retroactively.

3. Disclaimer and Notices.

a. Site is Informational Only; No Legal Advice. The information and contents on this Site are provided for informational purposes only and are not intended to be, and should not be construed as, legal advice on any matter. The contents of this Site may not be current and up-to-date. You should not act or refrain from acting based on any content or information on this Site without seeking legal advice from an attorney licensed in your jurisdiction or other appropriate professional advice. I expressly disclaim any liability for any and all acts and omissions taken or made by you in reliance upon any information or materials provided on this Site.

b. No Attorney-Client Relationship or Duty of Confidentiality. Your use of this Site does not create an attorney-client relationship between you and me (or any law firm with which I am employed) or any attorney or other person associated or affiliated with me. I encourage you to contact me via e-mail or otherwise. However, I do not intend to create an attorney-client relationship by inviting you to contact me, and you should not send me any privileged or confidential information until you and I agree and can document that there is an attorney-client relationship between you and me. Unless and until such a relationship exists: (i) I do not owe you a duty of confidentiality, and (ii) I will assume that any information you send me is not confidential, and my review of such information does not preclude me from representing or providing legal advice to a party that is directly adverse to you, even in a matter where such information could and will be used against you. You agree that any information submitted by you to me is subject to these Terms of Use.

4. Links to Third Party Websites. I may provide links on this Site to other websites that are not under my control (“Third Party Sites”). In general, any website that has an address (or URL) not containing my domain name (andrewstockment.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between me and a Third Party Site; or (b) my approval, sponsorship, or endorsement of (i) a Third Party Site or the organization or individual operating such Third Party Site, and/or (ii) any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. I accept no responsibility for, and I expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by me of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at such Third Party Site. I encourage you to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site prior to using or providing any information on such Third Party Site.

5. Ownership; Use of Site. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, including without limitation, all articles, photos, and other media and documents (each, a “Work”), together with all intellectual property rights therein and thereto are owned by me (or the third party owners thereof). These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any Work, any content available on this Site, or any intellectual property or proprietary rights associated with any of the foregoing, except for the following limited license: I grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. This limited license includes the right to download and/or print each Work that is available on this Site. You may not use any Work in any manner that suggests an association between me and any other person, entity, or organization. You may not (i) upload or post any of the materials on this Site to any other website, or (ii) via the Internet, publicly make available, display, distribute, or perform any of the materials on this Site, or (iii) engage in hotlinking with respect to any materials on this Site. Notwithstanding any provision herein to the contrary, the foregoing limited license will automatically terminate upon the expiration, cancellation, or termination of these Terms of Use or of your rights or licenses hereunder.

6. Disclaimer of Warranties. You expressly understand and agree as follows:

a. Your use of this Site is at your own risk, and this Site and all content and information available on this Site are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” without any warranties or conditions whatsoever, to the fullest extent permissible under applicable law.

b. I expressly disclaim all warranties, express or implied, relating to this site and all content and information available on this site (including all Works) to the fullest extent permissible under applicable law, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.

c. I do not warrant or guarantee that: (i) access to and use of this Site will be uninterrupted, free of viruses, malware, errors, harmful components, or otherwise reliable; or (ii) any defects or errors with this Site or any information associated with this Site will be corrected promptly or at all. I expressly disclaim any responsibility or liability for the operability, reliability, and performance of this Site.

d. Although I endeavor to provide accurate and timely information and content on this Site, you should not assume that any content or information provided (including any Work) is always up-to-date, accurate, or complete, or that this Site contains all of the relevant information available. I make no representations, warranties, or assurances as to the accuracy, currency, or completeness of this Site or of any Work or other content or information on this Site, and I disclaim any and all responsibility or liability related thereto. Your use of, and reliance upon, any Work and any other content and information on this Site is at your sole risk.

7. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, neither I nor any of my employers, employees, agents, consultants, service providers, affiliates, estate, heirs, descendants, spouse, or other relatives (including without limitation relatives within eleven degrees of consanguinity or affinity by biology, marriage, or adoption) or any entity owned or controlled by any of the foregoing (collectively, “Indemnified Parties”) will be liable to you for any injury, loss, or damage of any kind whatsoever relating to your access or use of this Site. The foregoing exclusion applies without limitation to all liability for lost profits and any special, incidental, indirect, consequential, punitive or reliance damages, regardless of whether such liability is based on breach of contract, tort, negligence, strict liability, breach of warranties, failure of essential purpose or otherwise and even if the Indemnified Parties were advised of the possibility of such damages.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE MAXIMUM LIABILITY OF ANY INDEMNIFIED PARTIES TO YOU OR ANY OTHER PERSON RELATING TO YOUR USE OF THIS SITE WILL BE LIMITED TO ACTUAL DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU.

If you do not agree with these Terms of Use or if you seek to assert any claim against any Indemnified Parties arising out of, or relating to, these Terms of Use, and/or your access and/or use of this Site, any Work, or any other information or content on this Site, your sole and exclusive remedy is to discontinue using this Site.

8. Indemnification; Breach. You agree to indemnify, defend, and hold harmless the Indemnified Parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms of Use, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. I reserve the right, at my own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with me in asserting any available defenses. You agree that if you breach any of the provisions of this Agreement, you will pay all costs, including reasonable attorneys’ fees, incurred by me in connection with any litigation relating to such breach.

9. Children Under Age 13. I am committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of this Site by Children are prohibited by these Terms of Use. The Site is not designed for or marketed to Children, and I do not knowingly collect Personally Identifiable Information (as defined below) from Children through this Site. By using this Site and/or submitting any information to me through this Site, you represent and warrant that you are at least thirteen (13) years old.

10. Termination. I (or my successors, heirs, or assigns) may, at any time, terminate these Terms of Use and/or your right and license to use this Site. Your right to use this Site (including all Works) will terminate immediately and automatically if you breach any of these Terms of Use. Any termination, cancellation, or expiration of these Terms of Use or of your rights or licenses hereunder notwithstanding, provisions which are by their terms intended to survive and continue will so survive and continue, including without limitation Sections 3, 4, 5, 6, 7, 8, 11, and 14.

11. General Provisions.

a. I reserve all rights relating to this Site and the content and information on this Site (including all Works) not expressly granted to you by these Terms of Use.

b. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.

c. No waiver by me, and no failure by me to exercise any of my rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by me and notarized.

d. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States of America, without regard to the conflict of laws principles of any jurisdiction. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of any state or federal court located in Albemarle County, Virginia or the City of Charlottesville, Virginia with respect to all disputes arising out of or relating to these Terms of Use and/or your use of this Site and/or any Work or other content and information on this Site.

 

PRIVACY POLICY

12. Definitions. As used in these Terms of Use:

a. “Personally Identifiable Information” means individually identifiable information that I may collect about you (such as your name, address, e-mail address, telephone number, and other identifiers that permit me to contact you) through this Site, including other information about you that I collect from you through this Site and maintain in personally identifiable form in combination with other personally identifiable information. Notwithstanding anything herein to the contrary, Personally Identifiable Information does not include information I receive from or about you by mail, fax, phone, e-mail, or in-person communication, or by any method other than directly through your use of this Site.

b. “Non-Personal Information” means information or content other than Personally Identifiable Information that you submit to me or that I collect from or about you through this Site.

13. Types of Information Collected.

a. No Personally Identifiable Information Collected. I do not collect any Personally Identifiable Information about you through this Site, and, to my knowledge, neither does any third party.

b. Do Not Track. Even if I begin collecting Personally Identifiable Information through this Site in the future (which I would only do after updating this Privacy Policy), if you have the “Do Not Track” setting enabled in your browser, I will not collect Personally Identifiable Information about you through this Site unless you explicitly choose to send such information to me.

c. Non-Personal Visitor Information.

i. Generally. I may automatically collect Non-Personal Information about you when you use this Site, such as the pages and materials you access, the amount of data transferred, the links you click, the amount of time you spend viewing each page, the websites you visited before coming to this Site, and other information about your interactions with this Site, as well as certain standard information that your browser sends to every website that you visit, including your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites. This Site may use cookies, flash cookies, web beacons, and other technologies for a variety of purposes, such as saving and retrieving information about you, your visit, and assisting in displaying relevant content to you. I may use such technologies to share Non-Personal Information with third parties or to retrieve Non-Personal Information from third parties.

ii. Google Analytics. I may, from time to time, use a tool called “Google Analytics” (including Google Analytics Demographics and Interest Reporting features) to collect information about your use of this Site, which helps me provide content that is relevant to you and optimized for the devices that you use (such as smartphones and tablets). I respect and value your privacy, and I never combine the information collected through the use of Google Analytics with Personally Identifiable Information. I use the information I receive from Google Analytics only to improve this Site and my content and marketing. Google’s use and sharing of information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ad Settings tool. As an added privacy measure, you can use the Google Analytics Opt-out Browser Add-on.

14. Use of Non-Personal Information. I may use Non-Personal Information for any purposes whatsoever (including without limitation, advertising, marketing, enhancing, designing, or developing products and/or services, and research), and I may share Non-Personal Information with others, including without limitation my partners, affiliates, agents, and service providers.

15. Contacting Me. You may contact me using the information on my Contact Page.