Terms of Use: garonwhited.com

This Website is managed and maintained by:

By Pixie LLC

Radcliff, KY

Email to site manager can be addressed to bypixiellc@gmail.com. Please include the words “Terms of Use” in the subject matter box of your email.

PLEASE NOTE: This contact information does NOT reach Garon Whited or any persons in his employ. This site is managed by By Pixie LLC and will not send messages on your behalf to author Mr. Whited.  Thank you for your understanding.

Restrictions

By accessing or using this Website, you agree to the terms in this Terms of Use agreement. Manager reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time.

Privacy Policy

Please review our Privacy Policy, which governs our gathering and use of your information located at www.garonwhited.com/privacypolicy. The Privacy Policy is part of the Terms of Use and by accepting these Terms of Use, you accept our Privacy Policy as well.

Copyright Ownership

This Website contains material that is owned by Garon Whited or licensed by Manager.  Except when Manager is given/gives permission or is otherwise permitted under law, no material from this Website including code and software may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.

Content License to Manager

Posting or uploading of content such as messages, emails, data, answers to questions, or otherwise communicating with Manager through this Website, will not limit or otherwise affect what you may do with such content on your own, or what you may permit parties other than Manager to do with it.

Improper Use of 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 Manager disclaims all liability relating to it. Manager may remove content from this Website for any reason, and reserves the right to edit or otherwise modify content that you upload to cause it to conform to Manager’s policies, all in its sole and absolute discretion.

You may not attempt to gain unauthorized access to this Website or to computer systems/networks connected to this Website, through hacking or any other unauthorized means.

No Unsolicited Manuscripts

Manager does not accept unsolicited manuscripts sent through this Website using the contact form provided, and takes no responsibility for any manuscript so transmitted.

Exclusion of Liability

YOU UNDERSTAND AND AGREE EXPRESSLY THAT Manager 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 Manager 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.

Some states do not allow for the exclusion/limitation of liability for consequential or incidental damages; the above limitation may not apply to you.

Other Websites Links

Manager may provide, or third parties may provide, at garonwhited.com links to other web sites.  Manager 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, Manager 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. 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 Manager 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. Manager shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Right to Modify or Discontinue

Manager may in its sole discretion and at any time modify or discontinue, temporarily or permanently, this Website (or any part of it), with or without notice.

Miscellaneous

These Terms of Use, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Manager as to your use of this Website, superseding all prior or contemporaneous communications and/or proposals.  The Terms of Use and the relationship between you and Manager shall be governed by the laws of  Kentucky and the United States of America without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under the Terms of Use shall operate as a waiver thereof. Each of these Terms of Use is severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Locations Outside the United States

Manager makes no representation that the contents of this Website, including without limitation, its Privacy Policy, are appropriate or authorized in locations other than the United States of America.  Those who choose to access this Website from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws.  Software from this Website is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.

Copyright Agent 

Manager respects the intellectual property of others and asks its visitors to do the same.  If you believe that any copyrighted work of yours has been used on or in connection with this Website in a way that constitutes copyright infringement, please provide the Copyright Agent of Manager the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on this Website (including a link if possible);
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Copyright Agent of Manager for notice of claims of copyright infringement on this Website is By Pixie LLC who can be reached at: bypixiellc@gmail.com.  Please write “Copyright Agent” in the subject matter box when sending an email or other correspondence.

The Copyright Agent is to be contacted solely to give notice of copyright infringement or otherwise communicate about copyright protection issues, pursuant to the Copyright Act of the United States.  This address does not connect with Garon Whited or persons in his employ and should not be used to attempt to contact Mr. Whited.

Without limitation of any of its other rights and remedies under the Terms of Use, the policy of Manager is to terminate access to this Website by people who commit copyright infringement.