terms of use

Terms of Use

Use of this website/blog is offered to you on your acceptance of these Terms of Use, our Privacy Statement and other notices posted on this website. Your use of this website or of any content presented in all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with the foregoing, you may not access the website. Davidharkins.com has the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website.

This website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use. You may link to and refer to this website freely, but remember, the contents of this website, unless otherwise noted, are works by David Harkins and may be used under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. If you’d like to determine permissions beyond the scope of this license, contact us for additional information.

This website does not guarantee the accuracy of any information and users cannot sue us for any incorrect information that may be provided on these pages. In the case where misinformation may be relayed within, we will correct it when it is brought to our attention and we can validate its accuracy. Most of what is on this website are the sole observations and opinions of David Harkins and should be treated as such. Therefore, information contained within may not reflect the opinion or endorsement of by any current or past employer, or of any organization to which David Harkins may be member or otherwise affiliated. Accordingly, we do not guarantee the accuracy, timeliness, reliability, or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. If something weird happens to your computer because you accessed this website, you cannot blame us in any way. We will tolerate one terse email and nothing more.

We reserve the right to modify, disable access to, or discontinue, temporarily or permanently, any part or this entire website or any information contained thereon without liability or notice to you. It is our website and we can do what we want with it. So, there.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Davidharkins.com nor any of its information providers, partners, or friends, be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website. If this does not work for you, feel free to find other website.

Privacy Statement

Comments or postings made on this website are done so freely and with your supplied personal information. We do not protect your personal information in any way, shape or form. If you are slandering someone, and they want your IP address or other freely posted information, it is theirs. Play nice, and we suspect you will not have any problems. It is not our job to protect you from lawsuits brought upon by your being a jerk. This may change, however.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur because of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those that may contain your personal information). We make no efforts to safeguard the privacy of the information you provide us, period. All submissions to this website via email or otherwise becomes our property. In no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website and further agree that you will not transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages to any email address listed on this site without agreeing to pay to David Harkins the sum of US$10,000 per item.

By uploading, posting, commenting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Statement.

Indemnification by User

You agree to indemnify, defend and hold us and our friends, spouses, children, and agents harmless from any loss, liability, claim, demand, damage, or expense (including any legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In other words, find someone else to sue.

Third Parties and Links

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

Many images used on this website were obtained from Flickr.com and used under a Creative Commons Non-Commercial license. When such images are used, each is attributed to the the creator at the location on Flickr.com where it was originally found.

Our policy is to comply with all intellectual property laws and to act quickly upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please let us know immediately by sending email to webalert@davidharkins.com.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of South Carolina and the laws of the United States of America.