TERMS AND CONDITIONS OF USE

I’m so glad you are here! But first let’s get some awkward legal jargon out of the way. Okay? Good. Read on!

Acceptance of Terms. This agreement between You and Jessica Goodpaster (”the Author“), consists of these JessicaGoodpaster.com (“the Website“) Terms and Conditions of Use (”Terms“). “You,” “Reader” or “Commenter” means any entity identified by its comments, e-mail, registration information or IP address. If You use this website on behalf of your employer, organization, or company, they shall also be bound by the terms of this agreement. “The Author” shall additionally refer to any person who publishes content on the JessicaGoodpaster.com. By accessing, installing, or using this website in any way including but not limited to reading, commenting, downloading, reproducing, copying, subscribing to, or linking to this site, you agree to be bound to these terms. Using this website indicates that you accept these terms of use. If you do not accept these terms of use, please do not use this website.

Changes to Terms. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms at any time. You must review these Terms at www.jessicagoodpaster.com/terms-and-conditions-of-use on a regular basis to keep Yourself informed of any changes. It is your responsibility to make sure that you agree with the new terms before using the website in any way.
Privacy. The Author respects your privacy and permits you to control the treatment of your personal information. A complete statement of the website’s current privacy policy can be found by clicking the Privacy Policy link at the bottom of the page. The website’s privacy policy is expressly incorporated into this Agreement by this reference.

Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Kentucky, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Lexington, Kentucky in all disputes arising out of or related to the use of the site.
Website content. All the contents of the Website, except for comments, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s family members, or employers, nor do they represent the view of organizations, businesses, or institutions the Author is affiliated with in any way. The Author is not a professional in any field, and you should never substitute information from this website for information obtained from a licensed professional as appropriate. The content of this website is not intended to cause harm, but if You have any concerns about the contents of this Website, please contact the Author. Disagreeing with the content of the Website does not constitute sufficient ground for You to ask the Author to remove or modify any parts of this Website.

The Author of this Website may receive compensation for the Author’s opinion including, but not limited to, paid advertising and free services/merchandise. Even if the Author of this website receives compensation for posts or advertisements, we always give our honest opinions, conclusions, views, or experiences on those topics or products based on personal experience with said products or services. The Author takes credibility very seriously and will not be swayed to recommend something solely for monetary gain.

This Website does not specifically endorse any product, company, or service. This Website makes no guarantees that any of the products, services, companies, or anything else referenced or linked to are the best, most appropriate, or lowest priced for Your situation. The Author’s comments and reviews are consultative and educational only and are provided solely to assist you in making your own decision based on your own best judgment. The Author’s reviews and opinion are subject to change at any time. The Author and this Website are not responsible for the accuracy or reliability of its opinion, advice, or recommendation of any product, service, or advertisement. The Author and this Website are not responsible for damage or loss caused by Your reliance on the information obtained on this Website in any way, perceived or otherwise. It is Your responsibility to evaluate accuracy, appropriateness, or completeness of any information obtained from this Website. It is Your responsibility, and yours alone, to seek out the advice of professionals in the appropriate field for your own decisions, regardless of the content of this website. The Author and this Website are not responsible for any relationships, purchases, or agreements entered into by You with regards to any product, service, or company featured, referenced, or advertised on this Website. This website and its components are offered for informational purposes only; this website shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

Copyright Policy. All text, original images, ideas, and other content on this Website is property of the Author, unless otherwise noted. Any trademarks or logos are property of their respective owners. You are not allowed to reproduce, sell, or modify any part of this Website. You may link to this website, and/or respectfully discuss its contents as long as you properly acknowledge any idea, text, image, or other content to the Author with the Author’s name and a permanent (or “permalink) link to the page where the material originated on the Website. You are not authorized to use any content on this Website for personal profit or gain. UNAUTHORIZED COPYING, DUPLICATING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, OR TRANSMITTING OF ANY OF THE MATERIAL IS PROHIBITED.

When accessing the Website, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website is always governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to use or distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login or IP address. You alone bear the burden of proving that any Content does not violate any laws or third party rights.
User Comments and Content. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Use.

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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The Author is not responsible for the content of any comments made by other users. The Author is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic or “SPAM” will be deleted. The Author also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.

Prohibited actions. In addition to other prohibitions as set forth in the Terms and Conditions of Use, 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 our 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We 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 we 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 or Website is at your sole risk. The service and all products and services delivered to you through the service or Website 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, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Author, Website, our 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 any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 (or product) 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, our liability shall be limited to the maximum extent permitted by law.

Severability and Waiver. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No Guarantee. The Author and/or Website make no guarantee regarding the validity of the content of the Website. In addition, the Author does not guarantee that the Website 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 to the Commenter that its 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.

Indemnification. You agree to indemnify, defend, and hold harmless the Author and Website, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless 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 and Conditions of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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 and Conditions of Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Use, we 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 Website and/or services (or any part thereof).

Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. These Terms and Conditions of Use and any policies or operating rules posted by us on this site or in respect to the Website and/or service constitutes the entire agreement and understanding between you and us and govern your use of the Website and/or service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Use).

Any ambiguities in the interpretation of these Terms and Conditions of Use shall not be construed against the drafting party.

Legal notices and Contact information. If You intend to carry out any legal action against the Website or the Author, you are required to contact the Author FOURTEEN BUSINESS DAYS before any legal claim is made. The Author means to DO NO HARM to You or anyone else by providing this Website. If You feel that your rights have been violated, please contact the Author, and allow fourteen business days for the reply to be received. The Author will do whatever possible to address Your concerns. The Author may be contacted at jessica@jessicagoodpaster.com.