Website/Blog Terms and Conditions

Warning! – Excessive legal bullpucky below!

 

Ben Smith Solutions Website/Blog Terms of Use and Conditions

PLEASE READ VERY CAREFULLY THESE TERMS OF USE BEFORE READING, COMMENTING ON, DOWNLOADING, COPYING, REPRODUCING, ALTERING MATERIALS OF ANY KIND, SUBSCRIBING TO, AND LINKING TO (COLLECTIVELY “USING”) THIS BLOG. USING THIS BLOG INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS BLOG.

Introduction

This agreement (“Agreement“) between You and Ben Smith (“the Author“) consists of these Ben Smith Solutions Blog/Website (the “the Blog“) Terms of Use (“Terms“). “You“, “Reader” or “Commenter” means any “user” of the Blog and any entity identified by its comments, e-mail, registration information, or IP address. If You use this Blog on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement.

Copyright policy

All the text, images, video, and other content being part of this Blog is property of the Author, unless noted otherwise. All trademarks and logos are property of their respective owners. All copyrighted material used in the Blog are dealt with under the “Fair Use” provision.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING, DUPLICATING, DISTRIBUTION, OR SALES OF ANY OF THE MATERIAL PROVIDED IN THIS BLOG IS STRICTLY PROHIBITED. Permission can be obtained by contacting Ben Smith at ben@bensmithsolutions.com.

You are not authorized to use this content for personal profit.

You are welcome to link to this blog but acceptable links must include the Blog name (Ben Smith Solutions) in the link. Portions of content material (up to 800-word excerpts) can be cited without permission if properly attributed with the Author’s name (Ben Smith), Blog name (Ben Smith Solutions), and correct URL of the page being cited.

Blog content

All the content of the Blog, EXCEPT FOR COMMENTS OR WHERE OTHERWISE NOTED, constitute the opinion of the Author and do not represent the views and opinions of anyone the Author associates or works with. The Author is NOT a legal, financial, or medical professional. All content within the Blog is provided for informational purposes only and does not constitute professional advice.

While every effort is made to assure the accuracy and validity of the Blog’s content, mistakes do happen. The Author assumes no responsibility for incorrect or out-of-date information. The Author reserves the right to update or correct content at-will and without notification. All users of the Blog assume all risk and liability for use of the information contained in the Blog. The Author will not compensate you in any way if you suffer a loss/inconvenience/damage/injury based on the content of the Blog.

The content of this Blog is not intended to cause harm in any way, including but not limited to: libel, defamation, offense, or any type of injury or financial loss. Nor is it the intent of the Author to encourage anyone using the Blog to do harm. Please contact the Author if you have any concerns regarding the contents of the Blog. Disagreeing with the content of the Blog does not constitute sufficient grounds for You to ask the Author to remove or modify any parts of this Blog.

The content of the Blog is written in American English only. The Author is not responsible or liable for any misunderstandings and controversy arising due to fluency, cultural, and/or translation issues.

Comment and Guest Post Policy

All comments and communication sent to BSS must be original works and become the property of the Author unless specifically noted otherwise by You (the Reader). The Author has full control and discretion as to the use, distribution, and editing of these comments and communications. The Author reserves the right to edit or not publish any comment or communication that is deemed to be potentially illegal (including but not limited to comments containing hateful, libelous, and defamatory content), is offensive, is in breach of this Term of Use, is advertising, is off-topic, or for any other reason.

Privacy

The Author respects Your right to privacy and does not collect any personal information concerning Blog visitors unless such information is volunteered (such as name and email address). Such information is kept confidential and never sold or traded. Please contact the Author if you have concerns regarding this information.

Forbidden actions

You are not authorized to (i) use this Blog to advertise for products or services of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Author with, or cause physical or financial harm to, the Author of this Blog.

No Guarantee

The Author makes no guarantee regarding the validity of the content of the Blog. In addition, the Author does not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Author or Your servers are located. Although the Author will try to moderate comments quickly, the Author makes no guarantee that comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Author.

No Warranty or Condition; Links

The Author makes NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice. Although the Blog is moderated by the Author, this in no way states or implies that the Author is an “expert” in any area unless the Author explicitly states such status.

Limitations of Liability

IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHOR’S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM.

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).

Obligation to Indemnify

You agree to indemnify, defend, and hold the Author, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement.

Changes to the Terms of Use

The Author reserves the right to change these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS). You will NOT BE NOTIFIED IN PERSON. It is Your responsibility to make sure that you agree with the new Terms. Changes to the Terms will be effective 48 hours after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG.

Applicable Laws and Venue

The Author operates the Blog from the State of Wisconsin in the United States of America and makes no representations that the content within the Blog are appropriate or available in any other location. Access to the Blog from any location where the content is illegal is prohibited. The Author and the Blog are not responsible for any comments left by Blog users that violate the laws of any other jurisdiction.

Any claim related to the use of the Blog or to Blog content shall be governed by the laws of the United States of America and the State of Wisconsin and any related action shall be filed only in the appropriate court within the jurisdiction of the State of Wisconsin and/or the United States of America.

Legal notices and Contact information

Please contact the Author at ben@bensmithsolutions.com if You desire the removal of content that You feel is harmful to You or infringes on Your rights. Please allow a reasonable time for the request to be responded to. You are required to contact the Author SEVEN BUSINESS DAYS before any legal claim against the Author or Blog is made. The Author will take any reasonable actions to address Your concerns.