Terms of Use

Terms of Use: jerrykennard.info
This Website is managed and maintained by Jerry Kennard.

Restrictions on Use

This Website is comprised of its visible and audible contents as well as related software applications, and other services and applications.  By accessing or using this Website, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. Manager reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time.

Privacy Policy

Please review our Privacy Policy, which governs our gathering and use of information about you, located at https://jerrykennard.info/privacy-policy/. The Privacy Policy is part of the Terms of Use and by accepting these Terms of Use, you accept our Privacy Policy.

Ownership of Copyright

Except when the owner, Jerry Kennard, gives explicit authorization, or as otherwise permitted under law, no material from this Website including computer code and software may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.

Parental Control Protections 

Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist in limiting access to material that is harmful to minors. You can find current providers of such technology by using the following internet search terms: “parental control protections”

Improper Use of this Website

You may not upload to this Website any content that is pornographic, harassing, threatening, obscene, vulgar, offensively violent, abusive, sexually explicit, defamatory, bigoted, hate-related, invasive of privacy, confidentiality, or publicity rights, infringing of copyright, trademark or other proprietary rights, advocating illegal activity or discussion of illegal activity, or otherwise in violation of any law or rule.

You remain solely responsible for all such content, and Jerry Kennard disclaims all liability relating to it. Jerry Kennard may remove content from this Website for any reason, and reserves the right to edit or otherwise modify content that you upload.

At no time will you upload any virus, Trojan horse, worm, back door, time bomb, drop-dead device or any other software routines or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person or entity other than an owner or licensee of the program or hardware.

You may not use this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of it.  You may not attempt to gain unauthorized access to this Website, to accounts other than your own, or to computer systems or networks connected to this Website, through hacking, use of third party passwords, or any other unauthorized means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.

No Unsolicited Manuscripts
Jerry Kennard does not accept unsolicited manuscripts sent to him through this Website, and takes no responsibility for any manuscript so transmitted.

Exclusion of Liability

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  JERRY KENNARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

JERRY KENNRD MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS.

YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH JERRY KENNARD SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

YOU UNDERSTAND AND AGREE EXPRESSLY THAT JERRY KENNARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JERRY KENNARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION CONTENT YOU UPLOAD; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE. 

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Other Websites

Jerry Kennard may provide, or third parties may provide, at this Website links to other web sites or resources, Jerry Kennard has no control over such sites and resources, is not responsible for their availability, and does not endorse and shall not be liable to you or any third party, for any advertising, goods or services, or other materials on or available from such sites or resources.  Also, Jerry Kennard shall not be liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. You should always review the terms and conditions of any site that you access through a link from this Website.

Indemnity
You agree to defend, indemnify and hold Jerry Kennard and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of this Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users. Jerry Kennard shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.

Right to Terminate or Suspend

Jerry Kennard reserves the right to terminate or suspend your access to and/or use of this Website, or any part of it for any reason, including, without limitation, if Jerry Kennard believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.  Any such termination or suspension may be effected without prior notice to you and Jerry Kennard shall not be liable to you or any third-party for any such termination or suspension. In the event of termination or suspension, you are no longer authorized to have access to this Website, and all limitations on Jerry Kennard’s liability and on your use of Website material shall survive.

Jerry Kennard may also and at any time modify or discontinue, temporarily or permanently, this Website (or any part of it), with or without notice.