Terms & Conditions
Last updated: November 26, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website (the “Service”) operated by Tina and John Siemens (“us”, “we”, or “our”). The terms “Tina and John Siemens”, “us”, “we, and “our”, include our affiliates, licensors, employees, contractors, partners, suppliers, agents, officers, directors, members, successors, and assigns.
Your access to and use of the Service 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 Service.
By accessing or using the Service 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 Service.
Age Eligibility and Legal Capacity
The Services are not intended for access or use by children, especially those under the age of 14. If you are under the age of 14, you may not access or use the Services or provide information to us.
By accessing or using the Services, you represent that you have the legal capacity to enter into this agreement and to fulfill your obligations set out in these Terms. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review these Terms with your parent or guardian before using the Services; if your parent or guardian does not agree with these Terms as applied to you, then you are not authorized to access or use the Services.
The Service and its original content, features, and functionality are and will remain the exclusive property of us. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by us. Occasionally, at our discretion, we may include or offer third-party products or service on our Service. We may receive some compensation when you purchase goods or services from them.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall 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 websites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our 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.
You agree to defend, indemnify, and hold harmless us, and our licensees 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 Service, or (b) a breach of these Terms.
Limitation Of Liability
In no event shall we 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 Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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 we 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.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” and “AS AVAILABLE” basis. THE SERVICE 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.
We do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
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.
If you have a dispute with us, you release us from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. “
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Jurisdiction for all disputes is in Gaines County, Texas.
Our 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 us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service 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 Service.
Content You Provide Us
You are solely responsible for any user content you provide to us.
You may not build a business, in whole or in part, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing any portion of the Services (including any code used in any software) or content, whether or not for profit.
If you believe your copyright has been infringed, you may provide us with notice through the contact section on the Service.
If you have any questions about these Terms, please contact us through the contact page.
Thank you for reading all these Terms and Conditions.