Last Updated April 1, 2020
You must be at least 13 years of age to use the Site. If you are under 18 years of age (or the age of legal majority where you live), you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Site. If you use the Site on behalf of another person or entity, (a) all references to “you” in these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.
Prohibited Conduct and Content
You agree to not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Site. You will not:
Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
Impersonate or otherwise misrepresent your affiliation with a person or entity;
Copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Site, except as expressly permitted by us;
Modify the Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Site;
Use the Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
Reverse engineer any aspect of the Site or do anything that might discover source code or that might bypass or circumvent measures employed to prevent or limit access to any part of the Site;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access;
Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Site;
Develop or use any applications that interact with the Site without our prior written consent;
Use the Site in any way to send or distribute spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use the Site for any illegal, unintended, or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Ownership; Limited License
The Site, including the text, graphics, images, photos, videos, illustrations, and other content contained therein, are owned by J.R.McCabe or other third parties and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, and may subject you to additional penalties under applicable law.
Trademarks and Other Intellectual Property
“J.R.McCabe” and our logos, slogans, and the look and feel of the Site are the trademarks and intellectual property of Jennifer McCabe and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names, and company names and logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by J.R.McCabe unless explicitly stated.
Any questions, comments, suggestions, ideas, original or creative materials, or other information about the Site that you submit or otherwise communicate or provide to us is non-confidential and will become the sole property of J.R.McCabe. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial, marketing, or otherwise, without acknowledgment or compensation to you. We also reserve the right in our sole discretion to change, condense, or remove any content provided on the site.
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Site. We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. J.R.McCabe does not control or endorse, and makes no representations or warranties regarding any Third-Party Content. Your access to and use of Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless J.R.McCabe and our officers, directors, advisors, agents, partners, and employees from and against any loss, liability, claim, demand, damages, expenses, or costs arising out of or related to (a) your access to or use of the Site; (b) feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of any person or entity (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Site.
Your use of the Site is at your sole risk. Except as otherwise provided in a writing by J.R.McCabe, the Site is provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, J.R. McCabe does not represent or warrant that the Site is accurate, complete, reliable, current, or error-free. While we attempt to make your use of the Site safe, we cannot and do not represent or warrant that the Site or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
Limitation of Liability
To the fullest extent permitted by applicable law, J.R. McCabe will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if J.R. McCabe has been advised of the possibility of such damages. The total liability of J.R. McCabe for any claim arising out of or relating to these Terms or the Site, regardless of the form of the action, is limited to [$100]. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of J.R. McCabe for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Changes to these Terms
We may make changes to these Terms from time to time. If we make any changes, we will provide you with notice of such changes, such as by sending an email notification, providing notice through the Site, or updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Site after we provide notice will confirm your acceptance of the changes. If you do not agree to any of the amended terms and conditions set forth in the amended Terms, you must stop using the Site.
The failure of J.R.McCabe to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.