Effective January 13, 2021
- Accounts and passwords
- Intellectual property
- Disclaimer of Warranty
- Limitation of liability
- Choice of law and dispute resolution
- Other agreements
- Additional terms
- Section headings
Accounts and passwords
You may register and create a personal account to access certain features and functions of the Site. You are solely responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account. The Site does not retain liability or responsibility for such use. You agree that any content or action by or from your account that are considered by Alistair Poole to be defamatory, vulgar, profane, violations of copyright or trademark law, or otherwise undesirable may result in the termination of your account.
Intellectual propertyAlistair Poole retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Site, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Alistair Poole, including Alistair Poole’s registered trademarks, service marks, logos, brand names, trade dress, and trade names (“Trademarks”). You have no rights in or to the Content or Trademarks and you will not use the Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display the Trademarks in any manner without Alistair Poole's prior written consent. Without specific consent in writing, the Trademarks may not be used in connection with any product or service that does not belong to Alistair Poole, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Alistair Poole. Unless otherwise specifically set forth on the Site or unless written consent is provided, you may only use and access, download and copy the Content for your personal, non-commercial use, and you will not alter, erase, or otherwise obscure our copyright, trademark, proprietary, or other notices on the Content. You acknowledge and agree that the Content is made available for entertainment purposes only. The accuracy of the Content is not guaranteed, and Alistair Poole makes no representation or warranty of any kind. Your reliance upon the Content obtained through the Site is solely at your own risk. All rights not expressly granted in this Agreement are reserved to Alistair Poole.
You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Site from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Site.
Disclaimer of Warranty
Alistair Poole does not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of the Site and disclaims any liability for errors or omissions in the Site. The Site are provided "as-is" without any warranty, either express or implied. Alistair Poole disclaims all warranties, including, but not limited to, any implied warranties of non-infringement, title, merchantability, or fitness for a particular purpose, or any warranty that the site is free of viruses or other harmful components. This does not affect those warranties that are not subject to exclusion, restriction or modification under the laws applicable to this agreement.
Any material downloaded or otherwise obtained through the Site is acquired at your own discretion and risk and you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.
You agree to indemnify and hold harmless Alistair Poole from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by Alistair Poole in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Site and any material you access using the Site or by any other means; (ii) a third party's use of such material that you access using the Site and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Alistair Poole reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Alistair Poole.
Limitation of liability
Under no circumstances shall Alistair Poole be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Site or the information contained in the Site; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Site, even if advised of the possibility of such damages.
Alistair Poole may immediately suspend access to the Site and remove and discard any Content you submitted to the Site for any reason if he believes you have violated or acted inconsistently with the terms of this Agreement. Termination of your access to the Site may be effected without prior notice. Alistair Poole will not be liable to you or any third-party for termination of your access to the Site.
Your use of the Site does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and Alistair Poole. Use of the Site does not provide you with the authority to enter into any agreements for or on behalf of Alistair Poole. Moreover, use of the Site does not grant you the authority, either express or implied, to incur obligations or liability on behalf of Alistair Poole. By using the Site, you agree that no attempts to subject Alistair Poole to any such obligations or liability will be made.
Failure by Alistair Poole to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Choice of law and dispute resolution
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the District of Columbia, U.S.A., without regard to its conflict of laws rules. You agree that you will notify Alistair Poole in writing of any claim or dispute concerning or relating to your use of the Site and give Alistair Poole a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Alistair Poole. You agree to submit to the personal jurisdiction of the courts located in the City of Washington, District of Columbia, U.S.A.
This Agreement shall be subject to any other agreements you have entered into with Alistair Poole. If any such agreements conflict with the terms of this Agreement, the other agreements shall control.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Alistair Poole reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that Alistair Poole will not be liable to you or any third party for any modifications to the Agreement.
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.