Terms of Use - AndrewBarger.com

Access, Use & Copyrights
By accessing or using AndrewBarger.com, you agree to this Terms of Use agreement, which may be modified periodically. Materials contained on or transmitted from AndrewBarger.com are copyrighted by Andrew Barger with all rights reserved. You may not copy, reproduce, upload, distribute, republish, retransmit, or modify such materials in any way.

Unsolicited Manuscripts
Andrew Barger supports and encourages new authors. Upon advice of legal counsel, however, he does not read or accept unsolicited manuscripts, whether they are sent to him through the mail or at AndrewBarger.com.

Communication License & Postings
By posting messages, sending e-mails, inputting data, uploading data or files or otherwise communicating through AndrewBarger.com ("Communication"), you are granting Andrew Barger a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction. Posting information to any bulletin boards or forums on AndrewBarger.com become immediately public and will be accessible to anyone on the Internet. Please ensure your statement is true and in violation of no law, domestic or foreign as AndrewBarger.com is not responsible for the posting of such information.

Exclusion of Liability
USE OF ANDREWBARGER.COM IS "AS IS." ANDREW BARGER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THIS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE ITS USE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HE FURTHER DOES NOT WARRANT THAT THIS SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON IT ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT RUNS IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HE OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SITE. Some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

Links to Other Web Sites
AndrewBarger.com may provided links to other Web sites that are maintained by third parties, and may also provide materials from such third party sites on this Web site. Andrew Barger does not in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to AndrewBarger.com. Please review the terms and conditions of sites accessed through links from this site.

Linking to AndrewBarger.com
Andrew Barger encourages other Web sites to link to AndrewBarger.com. All such links must be to the homepage at www.AndrewBarger.com and no deep linking to other pages is permitted.

Indemnity
You agree to defend, indemnify and hold Andrew Barger and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. Andrew Barger will 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.

Termination
Andrew Barger may terminate this agreement at any time without notice. Upon termination, you are no longer authorized to have access to the site, and all limitations on Andrew Barger’s liability and on your use of Andrew Barger’s material shall survive.

Entire Agreement
These Terms and Conditions, along with any additional rules or conditions referred to herein and Andrew Barger’s Privacy Policy, constitute the entire agreement and understanding between you and Andrew Barger as to your use of the AndrewBarger.com Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and if 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 and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of Andrew Barger’s Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revised: June, 2005