Welcome to www.davidcschultz.com (“Site”). These are the terms and conditions (“User Agreement” or “Agreement”) under which we offer you access to our Site.
Terms and Conditions of Use
1. Ownership.This Site is owned and operated by David C. Schultz and West Light Images, Inc. All right, title and interest (including all copyrights, trademarks, and other intellectual property rights) in this Site belong to David C. Schultz. In addition, the names, images, and other indicia identifying our products and services are our proprietary marks.
2. No License. Nothing contained in this Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. This prohibition extends to the use of any such material on nay other Site or computer network environment. It also means that you may not use any “robot,” “spider,” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the material found on this Site, without the prior written authorization of DCS.
3. No Representation or Warranty.
3.1 davidcschultz.com makes every effort to display as accurately as possible the colors of the products that appear at this Site. However, a user’s monitor will govern the color appearance of our products. Therefore, we cannot guarantee that your monitor’s display of any color will be accurate.
3.2 The documents, graphics, and images published at this Site could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this Site without notice. We make no commitment, however, to update the information contained in this Site. We further do not accept responsibility for the function or malfunction of any software downloaded from this Site. Consequently,
3.3 TO THE EXTENT PERMITTED BY LAW, THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3.4 This Site may contain links to other Web sites which are completely independent of this Site. If you elect to access these other Web sites, you do so AT YOUR OWN RISK. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner by construed as an endorsement by us of that Web site, or of the products or services described therein. DCS is not liable for any loss or damages related to the content, products or services available through those sites. If you have any problems or concerns regarding other sites, you must contact their site administrator or Web master directly.
3.5 You should not rely on opinion expressed at this Site when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked Web sites.
3.6 DCS does not warrant that your use of this Site will be available for use in other locations, uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
4. Limitation of Liability.
4.1 IN NO EVENT, INCLUDING BY NOT LIMITED TO NEGLIGENCE, WILLFUL MISCONDUCT, OR STRICT LIABILITY, SHALL DCS, OUR EMPLOYEES, SUBSIDIARIES, OFFICERS, DIRECTORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, ANY OTHER LINKED WEBSITE, OUR SERVICES OR THIS AGREEMENT, EVENIF WE ARE EXPRESSLY ADVSED OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
4.2 THE TERM “DAMAGES” INCLUDES WITHOUT LIMITATION, ATTORNEY FEES, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES, SUBSIDIARIES, OFFICERS, DIRECTORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MEMBERSHIP FEES YOU PAY TO US IN THE 12 (TWELVE) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
5. Your Limitations on Use of Site.You shall not post or transmit on or through this Site any material that:
• Is unlawful, threatening, abusive, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane;
• Could constitute or encourage criminal conduct, give rise to civil liability or otherwise violate any law;
• Infringes the copyright or other intellectual property rights of any third party;
• Advertises or offers to sell any goods or services;
• Interferes with the proper working of this Site;
• Would impose an abnormal burden or load on the Site’s infrastructure; and/or
• Contains a bug, virus, or other potentially harmful and/or destructive item.
6. Your Comments, Feedback, Submissions, and Other Non-Personal Information (“Communications”) to the Site.
6.1 You are solely responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications on the davidcschultz.com Site. As discussed above, you are reminded that DCS does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by davidcschultz.com Site users and DCS does not endorse any opinions expressed by such users.
6.2 DCS reserves the right, but does not have an obligation, to investigate Communications and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. Furthermore, DCS is not liable or responsible to users for performance or nonperformance of such activities. DCS reserves the right to expel users and prevent their further access to the davidcschultz.com Site for violating this Agreement or violating the law.
7. Assignment of Communications.
7.1 Excluding personal information and any notifications submitted pursuant to section 8 below, all Communications disclosed, submitted or offered to davidcschultz.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain the property of DCS. Such disclosure, submission or offer of any Communications shall constitute an assignment to DCS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communications. Thus, DCS will own exclusively, and shall not be limited in any way in its use, all such rights, titles and interests, commercial or otherwise, of any Communications. DCS is and shall be under no obligation (1) to maintain any Communications in confidence; (2) to pay user any compensation for any Communications; or (3) respond to any user Communications.
7.2 DCS will be entitled to use, reproduce, disclose, publish and distribute any Communications you submit, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any original creative materials such as stories, product ideas, computer code or original artwork.
7.3 You represent and warrant that no Communications submitted by you to the Site will violate section 5 above. You are and shall remain solely responsible for the content of any Communications you make and shall indemnify DCS accordingly.
8. Claims of Copyright Infringement.
8.1 DCS respects the intellectual property of others. If you believe that any material on this Site infringes any copyright you own or control, or that any link on this Site directs you to another Site that contains material that infringes on any copyright you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.
8.2 DCS’s Copyright Agent for notices of claims and copyright infringement on its Site can be reached as follows:
Mail: PO Box 680331, Park City, UT 84068
Email: [email protected]davidcschultz.com
This contact information is provided exclusively for notifying DCS that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this Site and throughout the DCS Agreements..
You agree to defend, indemnify and hold DCS harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site.
11. Law and Jurisdiction.
The DCS Agreements shall for all purposes be governed by and construed in accordance with the laws of the State of Utah and the United States of America. All involved Parties agree to submit to the exclusive jurisdiction of the Courts of the State of Utah in any action brought to enforce or arising out of this Agreement. Notwithstanding the foregoing, and under the sole discretion of DCS and its properties, DCS shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States Court of competent jurisdiction to obtain injunctive or other relief. Failure to enforce a term of this agreement shall not be deemed a subsequent waiver of that term or other terms..