TERMS AND CONDITIONS
This website is operated by A Pond Apart, LLC (A Pond Apart). Throughout the site, the terms “I,” “me,” and “my” refer to A Pond Apart. A Pond Apart offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting my site, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, music, sounds, video clips, and other materials, and the copyrights and other intellectual property in such materials are owned, controlled, or licensed by A Pond Apart. The Service is provided for your personal, noncommercial use. No right, title, or interest in downloaded content is transferred to you as a result of any such downloading or copying.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by me.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
I reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SECTION 2 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
I research all information that I provide on my website thoroughly and only provide information that is accurate, complete, and current to the best of my knowledge. However, I am not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site.
SECTION 3 – MODIFICATIONS TO THE SERVICE
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
SECTION 4 – OPTIONAL TOOLS
I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.
You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
I may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 – THIRD-PARTY LINKS
Certain content and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 6 – USER COMMENTS, FEEDBACK, OTHER SUBMISSIONS, AND COMMUNICATION
If, at my request, you send certain specific submissions or without a request from me, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to me. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
I may, but have no obligation to, monitor, edit, or remove content that I determine in my sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could, in any, way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third party.
When you send an email to me or otherwise electronically request that I contact you, you are communicating with me electronically. You consent to receive communications from me electronically and agree that I may communicate with you by email.
SECTION 7 – PERSONAL INFORMATION
SECTION 8 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not guarantee, represent or warrant that your use of my Service will be uninterrupted, timely, secure, or error-free.
I do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time I may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied.
In no case shall A Pond Apart, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless A Pond Apart and its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my site.
If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 – ENTIRE AGREEMENT
The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 – GOVERNING LAW
The Service is controlled and operated from the United States and is not intended to subject me to any non-U.S. jurisdiction or law.These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of the state of Texas, United States, without regard to principles of conflict of laws. Any claim or action initiated by you related to or arising out of your use of Service will be resolved only by state or federal courts located in Tarrant County, Texas, and you consent to the exclusive personal jurisdiction of such courts.
SECTION 15 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
I reserve the right, at my sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 16 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at firstname.lastname@example.org.
Last revised on November 1, 2017.