Terms and Conditions

Welcome to the Paul Adams (“I,” “me,” or “my”) Website (the “Site”).

Please read the following terms and conditions carefully before using the Site. These Terms and Conditions, including my Privacy Policy (together, these “Terms”), are binding on the parties and govern your relationship with me regarding your use of the Site. Your use or continued use of the Site constitutes your agreement to the Terms, which I may update from time to time without notice to you. The Site is not intended for or designed to attract children under 13 years of age.

If you are not eligible or do not agree with the Terms, you do not have my permission to use the Site.

Privacy—These Terms incorporate, by reference, my Privacy Policy. Please read the Privacy Policy carefully for information about my collection, use, storage, and disclosure of your personal information as you agree to its terms when you use the Site.

Your Permission to Use the Site

Eligibility. You must be at least 13 years old to use the Site. By agreeing to these Terms, you represent and warrant to me that: (a) you are at least 13 years old, and (b) your use of the Site complies with any applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to them, and you agree to be bound by them.

Restrictions. I give you limited permission to use the Site, subject to the following conditions. Except as I expressly authorize under a separate license or other agreement with you, you may only use the material contained on the Site for personal and noncommercial use, and any commercial use, such as selling content, or posting information on another website, is prohibited. Further, you may not, and will not permit any third party to: (a) frame, reproduce, distribute, publicly display, or publicly perform the Site or any portion of the Site, including any Materials (as defined below) available on or through the Site; (b) make modifications to or create any derivative works based on the Site or any portion of the Site; (c) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Site or provide access to the Site to third parties on a service bureau basis or otherwise; (d) interfere with or circumvent any feature of the Site, including any security or access control mechanism, or introduce any security threats into or through the Site; (e) systemically retrieve, download or print materials from the Site; (f) change or delete (f) use the Site or any portion of the Site to exploit, interfere with, or circumvent any feature of any other website or service; (g) use the Site or any portion of the Site for any illegal, harmful, offensive, or objectionable purpose, including in a manner that violates the intellectual property or proprietary rights of, any third party or me, including changing or deleting any proprietary notices on the Site or from materials downloaded from the Site; (h) transmit, distribute, sell, or otherwise provide any content or data from the Site to a third party (except as I expressly authorize); or (i) otherwise use the Site or any portion of the Site other than as provided in these Terms, or in violation of any applicable law. If you are prohibited under applicable law from using the Site, you may not use it.

You agree to be solely responsible for your use of the Site. Your permission to use the Site will be terminated immediately, without any further action by me, if you breach these Terms. In addition, at my sole discretion, I may terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate these Terms by contacting me. Upon termination, your rights under these Terms will end, and you must immediately cease all Site use. The Sections titled “Your Permission to use the Site,” “Proprietary Rights,” “Feedback,” “Modification,” “Disclaimer of Warranties and Limitation of Liability,” “Indemnity,” and “Miscellaneous” will survive termination.

Proprietary Rights—I own and operate the Site. I am the owner or licensee of all rights in the Site’s content and related software, including but not limited to the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), materials, products, software, services, or all other elements of the Site I provide (“Materials”). You have no rights to the Materials other than those expressly granted in these Terms. The logo or other proprietary marks of my affiliated organizations and I belong to them exclusively. No right, title, or interest in those marks is granted in these Terms. Any third-party trademarks or service marks displayed on the Site are the property of their respective owners. I reserve all rights to the Materials and the Site not granted expressly in these Terms.

Feedback—If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or my business, products, or services (“Feedback”), then you, with this, grant me an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create or improve other products and services.

Links and Online Listings—From time to time, I may post on the Site (a) links to third-party websites (“Links”) or (b) listings or descriptions of third-party information, products, or services (“Listings”). Such Links and Listings are provided WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that I do not control or endorse any information, products, or services made available via Links or Listings. I am not responsible for the accuracy, reliability, or ’ accuracy, reliability, quality, or legality. Please review the terms of use and privacy policy of any third-party services before you share any information through such Links or Listings. In addition, you are responsible for evaluating the information, opinions, advice, or other content available through the Links or Listings, whether posted or provided by third parties or by me. I may remove any Links or Listings at any time for any reason or no reason.

I will not be liable or responsible for any transactions you conduct with third parties, including the terms, conditions, or results of any transaction between you and any third party. For example, suppose you have a dispute with any third party regarding third-party promises (including promised or pledged donations), products, or services. In that case, you release me (and my respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, assigns, suppliers, and members) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Modifications—I reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, these Terms, or any portion thereof with or without notice. Please check these Terms periodically for changes. By using the Site after any modifications to the Terms are published, you agree to the updated Terms. You agree that I shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any portion thereof.

Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties. I am under no obligation to provide support for the Site. The Site and all information, services, or links on or through the Site are provided to you “as is” without any warranties of any kind, whether express, implied, or statutory, including (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of the course of dealing, usage, or trade. I do not warrant that the Site or any portion of the Site, or information, services, or links on or through the Site, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and I do not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Site or me or information, services, or links on or through the Site will create any warranty regarding the Site that is not expressly stated in these terms. I am not responsible for any damage resulting from your Site use. You understand and agree that you use any portion of the Site at your discretion and risk and that I am not responsible for any damage to your property (including your computer system or mobile device used in connection with the Site) or any data loss. I am not responsible for the accuracy, timeliness, or completeness of the materials displayed on the Site. You agree that you must evaluate and that you bear all risks associated with the use of the Site, including, without limitation, any reliance on the accuracy, timeliness, completeness, or usefulness of any content or services available on or through the Site or on or through any link or listing. The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. I do not disclaim any warranty or other right that I am prohibited from denying under applicable law.

Limitation of Liability. To the fullest extent permitted by law, I shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind under any contract, negligence, strict liability, or other theory (including detrimental reliance), including without limitation, damages for loss of profits, use, data, loss of intellectual property, loss of other intangibles, loss of security of information in connection with your use or any other party’s use or misuse of the Site, even if advised in advance of such damages or losses. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. The maximum liability of me for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, shall be $10 US dollars.

Indemnity—You agree to indemnify and hold my subsidiaries, affiliates, officers, agents, employees, partners, licensors, and me harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or connected with (a) your unauthorized use of, or misuse of the Site, (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. I reserve the right, at my own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations for that matter). In that case, you agree to cooperate with my defense of those claims.

Consent to Electronic Communications

I may send you emails concerning my products and services and those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

By using the Site, you consent to receive certain electronic communications from me as further described in my Privacy Policy. Please read my Privacy Policy to learn more about my electronic communications practices. In addition, you agree that any electronic notices, agreements, disclosures, or other communications I send you will satisfy any legal communication requirements, including those in writing.

Notice to California Residents—If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite S-202, Sacramento, California 95834-1924, or by telephone at 1-800-952-5210 to resolve a complaint regarding the Site or to receive further information regarding the use of the Site.

International Use—The Site is intended for visitors located in the United States. I do not represent that the Site is appropriate or available outside the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. You may not do so if local laws prohibit you from using the Site.

General Terms—You agree that no joint venture, partnership, employment, or agency relationship exists between you and me as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and me for your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or part, by operation of law or otherwise, without my prior written consent. I may assign these Terms at any time without notice or consent. My failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Suppose a court of competent jurisdiction finds any provision of the Terms to be invalid. In that case, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and me shall be governed by the laws of the State of California without regard to its conflict of law provisions. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Last updated: June 6, 2023