By entering into this website (Geoffhughes.com, its subdomains, affiliated websites and applications, including mobile versions) and any services or Content (as defined below)you acknowledge that all of the content contained therein is a copyrighted work owned and operated by Geoff Hughes (“Geoff Hughes”, “we” or “us”).
IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR ACCESSING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, OR HAVE NOT OBTAINED THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN, DO NOT ENTER THIS SITE. IF YOU ARE UNDER THE AGE OF 13, YOU ARE PROHIBITED FROM ACCESSING THIS SITE UNDER ANY CIRCUMSTANCES.
YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AS STATED WITHOUT EXCEPTION.
MODIFICATIONS TO THIS SITE OR TERMS
We reserve the right, at any time, and for any reason to make changes or modifications at our sole discretion without further or explicit notice to you. Modifications include, but are not limited to changes in content, adjustment of Terms, suspension of, or discontinuation of the Site (in whole or in part). We will not be liable to you, or to any third party for any such actions.
Any modifications to the Terms as stated will be posted here, and shall be deemed effective immediately. Geoffhughes.com is not under any obligation to provide you with any notice of any such modifications.
CONTINUED ACCESS TO OR USE OF THIS SITE OR ANY OF THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO THE TERMS AS STATED IN THEIR MOST RECENT, REVISED STATE. IT IS STRONGLY ADVISED THAT YOU TAKE THE TIME TO REVIEW THESE TERMS ON YOUR OWN ACCORD.
TERM AND TERMINATION
These Terms shall be considered fully enforceable and effective for the duration of your use of this Site. These Terms may be terminated and access to this Site may be suspended or discontinued at any time, for any reason including but not limited to your breach of any of these Terms. Any such action will be taken without liability to Geoffhughes.com, it’s affiliates or subsidiaries. In the event that these Terms are terminated with respect to you, your access to the Site will not be authorized, and continued use of the Site or any related Content will be strictly prohibited.
You may be required to register with the Site. In so doing, and subject to these Terms, you are hereby granted a non-transferable, non-exclusive, fully revocable, limited license to use and access the Site. Access shall be granted for your own personal, non-commercial use. You hereby agree to keep your password confidential and accept all responsibility for the use of your account. Providing access to or facilitating the use of this Site by unauthorized parties or any Content therein constitutes a breach of these Terms, and may result in actions described above. Furthermore, providing such access may in some cases constitute a violation of law.
Except in cases where expressly permitted, the reproduction and use of any information, videos, files, materials, or other content (“Content” collectively) contained within, or distributed through the Site shall be strictly prohibited without the express written consent of Geoffhughes.com or its authorized agent. By accessing and using the Site and any Content you acknowledge that:
(1) The Site and Content found therein is the property of Geoff Hughes, and its licensees and/or licensors.
(2) The site and all Content are fully protected by copyright laws, and where applicable, international treaty provisions.
(3) Geoff Hughes, its business partners, licensees or licensors own and shall retain exclusively all rights, titles and ownership in and to all applicable copyrights, trademarks, intellectual properties and proprietary rights within the Site and all related Content.
(4) Any copyright or similar proprietary notices contained therein must be retained and prominently displayed at all times.
USER CONDUCT/PROHIBITED ACTIVITIES
Access to and use of the Site for any purposes other than those for which we make the Site available is strictly prohibited. Any use of the Site for or in connection with commercial endeavors must be endorsed or approved by us.
In using the Site you agree not to:
(1) Access, monitor, or copy any part of the Site or Content through the use of any means, automated or otherwise.
(2) Make any attempt to modify, change, alter, disassemble, access and/or alter source code, publicly display, transfer or exploit the Site or it’s related Content.
(4) Create user accounts through automated means, or under any false pretense.
(5) Disseminate through the Site or its related Content any information or content that may reasonably be considered to be libelous, profane, abusive, motivated by racial, religious, or bias in such areas as race, religion, sexual orientation, age, marital status or disability, unlawfully threatening or harassing to any individual or entity, or contain language or epitaphs that relate to and promote any of the foregoing.
(6) Upload or knowingly share any information that contains viruses, worms or other files containing potentially damaging programs.
(7) Download or upload any information that you know or should know to a reasonable degree cannot be legally obtained or shared in such a manner. (8) Attempt to access or use the Site in cases where your access has been suspended or terminated as described above.
(9) Alter the manner in which the Site displays any Content, except as allowed by the adjustment of settings in your browser or display that enhance your personal viewing of the Site or its related Content.
(10) Apply any means to manipulate identifiers or other data to alter or disguise the origin of content transmitted through the Site or as it relates to your presence on the Site.
(11) Take any actions that will impose an unreasonable or undue burden on the Site or its infrastructure regardless of intent.
(12) Engage in any actions that disparage, tarnish or otherwise harm us and/or the Site.
(13) Make improper use of the Site and its related support services for the purpose of submitting false reports of abuse or misconduct. (14) Circumvent or interfere with any security features imposed by the Site, including those in place to restrict the unauthorized use of copyrighted materials contained therein or within related Content.
(15) Engage in any activity or the omission of pertinent information that may violate any and all applicable laws, statutes, ordinances, rules or regulations.
Furthermore, you agree to notify us if you suspect any violation of these Terms.
LINKS TO THIRD PARTIES
We may allow advertisers to display ads and other information in certain areas of the Site including sidebar and banner advertisements. Advertisers assume full responsibility for any such notices placed on, or services or goods provided through those advertisements. In placing ads on the Site advertisers warrant that they possess all pertinent rights and authority including but not limited to copyright, intellectual, property or contractual in regards to the placement of the ads and services or goods being offered.
Written consent is required for the use of any trademarks, branding, logos, service marks or designs owned or licensed by Geoff Hughes or the third-party that owns the trademark.
In order to comply with state or federal law we may be required to provide notification to you of certain events. These Terms dictate that you hereby acknowledge that such notices will be considered effective upon our posting them to the Site. In cases where you have provided us with your email address, we may elect to deliver them to the address provided. In the event that inaccurate information has been provided to us or if previously provided information has become obsolete or inactive, we cannot be held liable if you do not receive notice.
GOVERNING LAW AND JURISDICTION
The site is controlled and managed by Geoff Hughes. These Terms shall be governed by and construed in accordance with the laws of the state of Delaware. Access to and use of the Site constitutes submission to the exclusive jurisdiction of and venue in the state and federal courts located in Kent County, Delaware for the purposes of resolving any dispute that arises out of or in connection with these Terms, the Site or its Content. Furthermore, use of the Site implies the waiving of any objections thereto including those claiming inconvenient forum or other similar defenses. In no event shall any claim, action or proceeding be allowed to commence more than one (1) year after the cause of action is deemed to have risen.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site in whole or in part for any reason and at any time. We are not liable to you or any third party for any such modifications.
We make no claim expressed or implied that the Site will be available for access at all times or from any location. In addition to local conditions as they relate to accessibility, hardware, software or other issues may require the periodic performance of maintenance, resulting in interruptions, delays, or errors. You hereby agree that we assume no liability for any loss, damage, or inconvenience caused by your inability to access the Site during any downtime for any reason whatsoever, including discontinuation of the Site, or the termination or suspension of your access as previously described.
There may be information on the Site that contains typographical errors, inaccuracies or omissions including descriptions, pricing or other related information. We reserve the right to provide corrections and update any information on the Site or its related Content at any time without prior notice, however, nothing in these Terms shall be construed as an obligation for us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (5) THE TRANSMISSION OF ANY BUGS, VIRUSES OR TROJAN HORSES OR THE LIKE THEREOF WHICH MAY OCCUR THROUGH OR BY A THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY POSTED CONTENT, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE NEITHER WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER SIMILAR ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND PROCEED WITH APPROPRIATE CAUTION.
LIMITATIONS OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IN SUCH CASES WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
Please note that certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitations of certain damages. Consequently, some or all of the disclaimers listed above may not apply and you may have additional rights. In such cases, the liability of Geoff Hughes shall be limited to the greatest extent as permitted by applicable law.