disclaimer and terms of use

“Nearly all men can stand adversity, but if you really want to test a man, give him power.”  ~Abraham Lincoln

Effective Date: 11/20/2019

Disclaimer and Terms of Use Overview

Jameskeena.com is the personal website of author and publisher James Keena.  The opinions I frequently express here do not represent those of any person or organization affiliated with me.  The information I provide is for entertainment and/or education, and is on an as-is basis.  It is accurate and true to the best of my knowledge, but there may be omissions, errors, or mistakes.  I make no legal representation as to accuracy, completeness, currency, suitability, or validity of any information on this site, and I will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its use.  None of this information should be seen as medical, financial, legal, tax, emotional, or other types of advice.  Rely on the information on this site at your own risk.  The author reserves the right to change how the website is managed or structured, and to change the focus or content of the site at any time for any reason.

You are free to do the following without my permission:

Link to my site or any specific post on my site.

Extract and re-post less than 200 words on any other site, provided you link back to my original post.

Use my posts in any non-commercial publication (e.g., church newsletter or class syllabus), provided you include this copyright notice:  “© 2020 James Keena.  All rights reserved.  Originally published at www.jameskeena.com”.

 

DISCLAIMER AND TERMS OF USE AGREEMENT

 

The author and publisher of jameskeena.com (“Site”) and the accompanying materials, James Keena, has used his best efforts in preparing the published materials. The author and publisher makes no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this site. The information contained here is strictly for educational and/or entertainment purposes. Therefore, if you wish to apply ideas contained in jameskeena.com, you are taking full responsibility for your actions.

 

By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from me. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to the Intellectual Property Rights bound by these Terms of Service.

 

My Limited License to You

 

This Site and all the materials available on the Site are the property of me and/or my affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of my rights or that has not been authorized by me. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

Your License to Me

 

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. In addition, when you submit or post any material, you are granting me, and anyone authorized by me, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant me, and anyone authorized by me, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as I deem appropriate.

 

You acknowledge and agree that any contributions originally created by you for me shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to me from their creation. Thus, I shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as I determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to me all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by me.

 

You acknowledge that I have the right but not the obligation to use and display any postings or contributions of any kind and that I may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

 

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by me or by the Site. However, you may not, without my prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

 

Online Commerce

 

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. I am not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant may have privacy and data collection practices that are different from mine. I have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release me and my affiliates from any damages that you incur, and agree not to assert any claims against me or them, arising from your purchase or use of any products or services made available by third parties through the Site.

 

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that I shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to this Site or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

 

Interactive Features

 

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to me and real-time interaction between users, and other features which allow users to communicate with others. Comments and questions are more effectively addressed by me via this site, where everyone can see my responses, than via e-mail, where only one user can see them.  This site welcomes respectful debate and disagreement between honest and considerate people.  It is valuable to this site to have active, vibrant, and challenging conversation, but ground rules are necessary to keep the discussions productive, entertaining, and civil.

 

Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. I do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

 

Restrict or inhibit any other user from using and enjoying the Site.

 

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

 

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks I use to provide the Site.

 

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

 

Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

 

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

 

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent thoughts or information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

 

Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

 

Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

 

Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

 

Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

 

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

 

The Site may host message boards, chats and other public forums on its pages. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. I or my designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by this Site, this Site’s outside contributors, or by users not connected with this Site, some of whom may employ anonymous usernames. This Site expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor am I responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will I, my affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of this Site or any of its affiliates.

 

This Site has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that I have the absolute right to monitor the same at my sole discretion. In addition, I reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect myself, my clients, sponsors, users and visitors.

 

Registration

 

To access certain features of the Site, I may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with the Site on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If I have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). The Site’s use of any personally identifiable information you provide as part of the registration process is governed by the terms of our Privacy Policy.

 

Passwords

 

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify this Site immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Site cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Site and the resources available for download through this Site are for educational and informational purposes only.

 

NOT LEGAL ADVICE

The information contained on this Site and the resources available for download through this Site is not intended as, and shall not be understood or construed as, legal advice.

 

I have done my best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Site should be understood as a recommendation that you should not consult with an attorney to address your particular information. The Site expressly recommends that you seek advice from an attorney prior to taking any actions.

 

Neither the Site, its authors and publishers, nor any of its attorneys shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent legal advice from a licensed attorney who is familiar with your situation.

 

NOT FINANCIAL ADVICE

The information contained on this Site and the resources available for download through this Site is not intended as, and shall not be understood or construed as, financial advice. I am not an attorney, accountant or financial advisor, nor am I holding myself out to be, and the information contained on this Website is not a substitute for financial advice from a professional who is aware of the facts and circumstances of your individual situation.

 

I have done my best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Site should be understood as a recommendation that you should not consult with a financial professional to address your particular information. The Site expressly recommends that you seek advice from a professional.

 

Neither the Site nor any of its employees, owners, or affiliates shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent financial advice from a professional who is familiar with your situation.

 

NOT TAX ADVICE

The information contained on this Site and the resources available for download through this Site is not intended as, and shall not be understood or construed as, tax advice. The information contained on this Site is not a substitute for tax advice from a professional who is aware of the facts and circumstances of your individual situation.

 

I have done my best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Site should be understood as a recommendation that you should not consult with a tax professional to address your particular information. The Site expressly recommends that you seek advice from a professional.

 

Neither the Site nor any of its employees, owners, or affiliates shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent tax advice from a professional who is familiar with your situation.

 

NOT MEDICAL OR HEALTH ADVICE

The information contained on this Site and the resources available for download through this Site is not intended as, and shall not be understood or construed as, medical or health advice. The information contained on this Site is not a substitute for medical or health advice from a professional who is aware of the facts and circumstances of your individual situation.

 

I have done my best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Site should be understood as a recommendation that you should not consult with a medical or health professional to address your particular information. The Site expressly recommends that you seek advice from a professional.

 

Neither the Site nor any of its employees, owners, or affiliates shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.

 

NOT PROFESSIONAL ADVICE

The information contained on this Site and the resources available for download through this Site is not intended as, and shall not be understood or construed as, professional advice. The information contained on this Site is not a substitute for advice from any professional who is aware of the facts and circumstances of your individual situation.

 

I have done my best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Site should be understood as a recommendation that you should not consult with a professional to address your particular information. The Site expressly recommends that you seek advice from a professional.

 

Neither the Site nor any of its employees, owners, or affiliates shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

 

NO PROFESSIONAL-CLIENT RELATIONSHIP

Your use of this Site – including implementation of any suggestions set out in this Site and/or use of any resources available on this Site – does not create a professional-client relationship between you and the Site or any of its affiliates.

 

The Site cannot accept you as a client unless and until I determine that there is a fit and until various requirements, such as fee arrangements, are expressly resolved.  Thus, you recognize and agree that we have not created any professional-client relationship by your use of this Site.

 

USER’S PERSONAL RESPONSIBILITY

By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Site.

 

NO GUARANTEES

You agree that the Site has not made any guarantees about the results of taking any action, whether recommended on this Site or not. The Site provides educational and informational resources that are intended to help users succeed in life, business, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Site.

 

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others – whether clients or customers of the Site or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.

 

ERRORS AND OMISSIONS

This Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and current.  I have taken reasonable steps to ensure that the information contained in this Site is accurate, but I cannot represent that this Site is free of errors. You accept that the information contained on this Site may be erroneous and agree to conduct due diligence to verify any information obtained from this Site and/or resources available on it prior to taking any action.  You expressly agree not to rely upon any information contained in this Site.

 

REVIEWS

At various times, I may provide reviews of products, services, or other resources.  This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Site for free or at a reduced price as an incentive to provide a review.

 

Regardless of any such discounts, I will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Site.

 

I will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an e-mail to the Site administrator that includes the title of the reviewed product as the subject line. I will respond via email and disclose any incentives or discounts I received in association with any such review.

 

AFFILIATE LINKS

From time to time, the Site participates in affiliate marketing and may allow affiliate links to be included on some of the Site’s pages. This means that I may earn a commission if/when you click on or make purchases via affiliate links.

 

As a policy, the Site will only affiliate with products, services, coaches, consultants, and other experts that I believe will provide value to my customers and followers.

 

The Site will inform you when one of the links constitutes an affiliate link.

 

You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Site but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

 

NO ENDORSEMENTS

From time to time, the Site will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Site provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

 

TESTIMONIALS

At various places on this Site, you may find testimonials from clients and customers of the products and services offered on this Site.  The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Site.

 

The results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Site.

 

The use of this Site’s information, products and services should be based on your own due diligence and you agree that the Site is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Site.

 

If you are dissatisfied with the Site, any materials, products, or services on the Site, or with any of the Site’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site and the products, services, and/or materials.

 

This Site is continually under development, and its owner and publisher makes no warranty of any kind, implied or expressed, as to its accuracy, completeness, or appropriateness for any purpose.  The author and publisher do not warrant the performance, accuracy, effectiveness, or applicability of any sites listed or linked to this Site.

 

Jameskeena.com is © copyrighted by James Keena, and is protected under the United States Copyright Act and all other applicable international, federal, state and local laws, with ALL rights reserved. No part of the site may be copied, or changed in any format, sold, or used in any way other than what is outlined by these Terms and Conditions under any circumstances without permission from James Keena.