Terms of Service
Effective date: November 19, 2021.
Hey there! Welcome to jordanpaddock.com (the “Site”), the official website of artist/photographer/designer Jordan Paddock (“I”, “me”, “my”, “mine”). Through this Site, I sell art, creative services, and merchandise. By using my site, even just to browse, you are agreeing to the following Terms of Service (the “Terms”).
The Terms are a legally binding contract between you and me, no matter where you are in the world. That’s kind of neat, huh? This contract sets out your rights and responsibilities when you use the Site and other services provided by me (all of which will be collectively referred to as my “Services”). I will be quite thorough here, so please read it carefully. If there is something here that you do not agree with, you may not use my Services.
Please note that these Terms contain an arbitration clause (below). By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *
Minors
Users of the Services must be at least 18 years old or have the permission and acceptance (to these Terms) of a parent or guardian. Access of the Site or use of the Services by anyone under the age of 13 is prohibited even with parental or guardian consent.
Changes to the Terms
As the saying goes: “Things change.” I reserve the right, in my sole discretion, to modify, discontinue or terminate the Services and to modify these Terms at any time. If I modify these Terms, I will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. I will also update the “Effective Date” at the top of these Terms. Please review this page and these Terms from time to time so you are aware of any changes. By continuing to access or use the Services after I have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Services.
Privacy
My Privacy Policy is incorporated by reference into these Terms. Please read it carefully, since it describes, among other things, how I collect and use information from you when you use the Services.
Cookies
This Site uses cookies to operate smoothly and to provide me with analytics that enable me to better serve you. I will never sell your data. Please see my Cookie Policy for more information.
Shipping, Delivery, Returns, and Exchanges
For information on me shipping and delivery policies, please see my Shipping Policy and Return Policy.
Errors and Inaccuracies
I do my best to make sure everything on my Site is accurate, but I do make mistakes sometimes (who doesn’t?). The Site may contain typographical mistakes, inaccuracies, omissions, and outdated information, some of which may relate to pricing and availability of products and services. I reserve the right (but am not obligated) to change or update information at any time without prior notice and without liability to you.
The screen you are using to view my Site may not show colors accurately, and products you order may look different when you receive them. If you have a question about my products, please contact me.
Gift Cards
jordanpaddock.com gift cards (“Gift Cards”) are not credit or debit cards and have no implied warranties. Gift Cards are not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards. I reserve the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.
The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from jordanpaddock.com, and you are responsible for safeguarding your Gift Card from unauthorized use. I am not responsible if a Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. I am not responsible for and assume no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.
Ownership
Unless otherwise stated herein, I own all of the content located on the Site and offered in the Services. These Terms permit you to view the Site and use the Services for your personal, non-commercial use only. You agree that all right, title, and interest in the Services will remain mine. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use my content found on the Site or Services. Any other trademarks, service marks, logos, trade names, and other proprietary designations displayed on the Site or in the Services may be the trademarks or registered trademarks of Squarespace (my website hosting provider) or any other third-party service I may use to provide the Services. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site or Services unless I have given you prior written consent to do so. Any violation of the foregoing will constitute a breach of these Terms and may result in immediate termination of your right to use the Services. Any copyright or trademark violation will be subject to prosecution to the full extent of the law.
The Site is protected by DMCA.com under the Digital Millennium Copyright Act (DMCA) of 1998, which will assist me in the protection of my copyrights.
Registration
You may view some parts of the Services without registering, but in order to access and use other parts of the Services, you may be required to register an account with me. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. I reserve the right to suspend or cancel your account at any time for any reason without prior notice to you. If there has been an unauthorized use of your password or account, please notify me immediately.
I reserve the right, at my sole discretion, to offer or to cease offering subscription-based services without prior notice to you.
Use Restrictions
While using the Services you agree to comply with all applicable laws, rules, and regulations. In addition, I expect users of the Services to respect the rights and dignity of others. Your use of the Services is conditioned on your full compliance with these Terms, including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Services pursuant to these Terms. You agree that when using the Services you will not:
Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances;
Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services;
Access, tamper with, or use non-public areas of the Services, my computer systems, or the technical delivery systems of my providers;
Attempt to probe, scan, or test the vulnerability of any of my systems or networks or breach any security or authentication measures;
Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, protection of, or intended use of any feature, function, or part of the Services, other than the software and/or search agents provided by me or other generally available third-party web browsers;
Use the Services to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use, display, frame or mirror the Services or any individual element of the Services (including the layout and design of any page or form contained on a page within the Services), my name, any logo or trademark, or any other proprietary information, without my express prior written consent;
Force any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
Attempt to modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the software used to provide the Services;
Copy, download, distribute, transmit, upload, or transfer content from the Services without my prior written permission or authorization;
Take any action that imposes or may impose (as determined in my sole discretion) an unreasonable or disproportionately large load on my infrastructure or otherwise interferes with the functioning of the Services;
Use the Site to make unsolicited offers, requests, advertisements, or spam;
Use the Services for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms;
Impersonate or pretend to be anyone else but you or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services;
Express or imply that I endorse any statement you make;
Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties;
Engage in any activity that is criminal or tortious in nature or otherwise violates the law or rights of another, including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening;
Collect or store any personally identifiable information from the Services about other users of the Services without their express permission;
Violate any applicable law or regulation;
Do anything else that I determine, in my sole discretion, misuses or otherwise negatively impacts the Services; or
Encourage or enable any individual to do any of the following.
I have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. I may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that I have no obligation to monitor your access to or use of the Services, but that I have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
DISCLAIMER OR WARRANTIES
THE SERVICES AND ALL ITEMS SOLD OR PURCHASED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ALLOWED BY APPLICABLE LAW OR AS OTHERWISE STATED IN WRITING, I EXPLICITLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. I MAKE NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. I MAKE NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ITEMS SOLD OR PURCHASED OR OBTAINED THROUGH THE SERVICES IS WITH YOU. SHOULD ITEMS SOLD OR PURCHASED OR OBTAINED THROUGH THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
I PERIODICALLY AMEND, CHANGE, UPDATE, AND ALTER THE SERVICES WITHOUT NOTICE. I SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE CONTENT OF, OR ANY OTHER INFORMATION ON, THE SERVICES NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ME OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER ME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICES INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; (IV) YOUR VISIT TO A VENUE RESULTING FROM YOUR USE OF THE SERVICES; (V) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY ME; (VI) DELAYS OR DISRUPTIONS IN THE SERVICES; (VII) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO THE SERVICES; (VIII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES; (IX) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SERVICES; (X) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING THE SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS; (XI) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (XII) THE DURATION OR MANNER IN WHICH ITEMS YOU CONSIGN APPEAR ON THE SERVICES; OR (XIII) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR MY POLICIES, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT I HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT I SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING THE SERVICES OR IN CONNECTION WITH THE SERVICES. I SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR ANY LINKED SITES OR FOR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE AGGREGATE LIABILITY OF ME SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WILL MY AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO ME FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ME.
IF YOU HAVE A DISPUTE WITH ME OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. I HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
INDEMNITY
You agree to defend, indemnify, and hold harmless me and my employees, officers, directors, agents, representatives, licensors, suppliers, and service providers from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (i) your use of, or activities taken, in connection with the Services; or (ii) any violation of these Terms by you. I reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with me in doing so.
ARBITRATION AGREEMENT
You and I agree that any dispute, claim or controversy that has arisen, or may arise, between you and me out of or relating to these Terms (including previous versions of these Terms) or the breach, termination, enforcement, interpretation, or validity thereof, your use of or access to the Services, the actions of me or my agents, or any products or services sold, offered, or purchased through the Services (collectively, “Disputes”) shall be settled by final and binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND I AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER THIRD PARTIES. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and my right to appeal the court’s decision. All other claims will be arbitrated.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. (The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.) If the AAA is unavailable for the arbitration, the parties will select an alternative private neutral arbitrator to conduct the arbitration in accordance with the AAA Rules. The use of the word “arbitrator” in this “Arbitration Agreement” section shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA Rules will govern the number of arbitrators that may preside over an arbitration conducted under this “Arbitration Agreement” section. The Federal Arbitration Act will govern the interpretation and enforcement of this “Arbitration Agreement” section.
Arbitration Process and Selection of Arbitrator. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules by mail. The AAA provides a form Demand for Arbitration here. Unless you and I otherwise agree, the arbitration will be conducted in the county where you reside within a reasonable time, without undue delay. All parties participating in arbitration shall have the right, at their own expense, to be represented by a spokesperson of their own choosing. If your claim does not exceed $10,000, then you or I may elect to have the arbitration be conducted by telephone or solely on the basis of documents you and I submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
If the AAA is unavailable for the arbitration and the parties must select an alternative private neutral arbitrator to conduct the arbitration, the parties will select such alternative arbitrator as follows: both I and you will exchange a list of three preferred private arbitrators. If there is a common name on the two lists, that person will be appointed as the arbitrator. If multiple common names appear on the two lists, the parties will act in good faith and select one of the multiple common names. If there are no common names on the lists, the two arbitrators listed as the first name on each list will confer and appoint a third arbitrator who will conduct the proceeding (“Presiding Arbitrator”). If the parties agree to have more than one arbitrator preside over the arbitration, the Presiding Arbitrator will select the additional arbitrators taking into account any additional common names on submitted lists.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator’s award shall be final and binding, but subject to review in accordance with applicable statutes governing arbitration awards. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. You and I agree that, in accordance with the AAA Rules, the amount of the filing fee associated with the arbitration that is payable by you is capped at $200, and I will be responsible for payment of the balance of such filing fee in excess of $200 and other administrative and arbitrator fees associated with the arbitration. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, I will pay as much of your share of the filing fee as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Changes. Notwithstanding the provisions of the “Modification” section above, if I change this “Arbitration Agreement” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending me written notice (including by emailing me at jordan@jordanpaddock.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of my email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and I in accordance with the provisions of this “Arbitration Agreement” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Severability. With the exception of any of the provisions under the Prohibition of Class and Representative Actions and Non-Individualized Relief subsection of this “Arbitration Agreement” section, if an arbitrator or court decides that any part of this “Arbitration Agreement” section is invalid or unenforceable, the other parts of this “Arbitration Agreement” section will still apply.
Opt-Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor I can require the other to participate in an arbitration proceeding. To opt out, you must notify me in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Jordan Paddock Attn: Arbitration Opt-out — PO Box 6884 Portland, OR 97228
You must include your name and residence address, the email address you use for your Site account, and a clear statement that you want to opt out of this arbitration agreement.
THIRD-PARTY SITES
The Services may contain links to third-party websites. I have no control over such websites and am not responsible for the availability of such external websites. I do not endorse and am not responsible or liable for any content, advertising, products, services, or other materials on or available from such third-party websites linked from the Site. I make no representations regarding the content or accuracy of materials on such third-party websites, and your use of third-party websites is at your own risk and subject to the terms, conditions, policies, and procedures of such websites. In addition, other third-party websites may provide links to the Services with or without my authorization. You acknowledge and agree that I do not endorse such third-party websites and am not and will not be responsible or liable for any links from those sites to the Services, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
TERMINATION
I may immediately, without prior notice, suspend or terminate your use of and access to the Service or terminate these Terms as they apply to you, at my sole discretion, for any reason, whether with or without cause or warning, and without liability.
APPLICABLE LAW
These Terms will be construed and enforced under the laws of the State of Oregon without regard to the choice of law principles, except for the agreement to arbitrate set forth above under the heading “Arbitration Agreement”, the interpretation and enforcement of which shall be governed by the Federal Arbitration Act. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Central District of California, and each of you and I waive any objection to jurisdiction and venue in such courts. If the agreement to arbitrate set forth above under the heading “Arbitration Agreement” is found not to apply to you or to a particular dispute, claim or controversy, either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order, the exclusive jurisdiction and venue for the resolution of such dispute, claim or controversy will be the state and federal courts located in the Central District of California, and each of you and I waive any objection to jurisdiction and venue in such courts.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
WAIVER; SEVERABILITY
My failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of me. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal, or unenforceable by a court, arbitrator, or other tribunal of competent jurisdiction, then (a) the validity, legality, and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
SURVIVAL
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, ANY PROVISION OF THESE TERMS THAT IMPOSES OR CONTEMPLATES CONTINUING OBLIGATIONS ON YOU OR I WILL SURVIVE THE TERMINATION OF THESE TERMS.
QUESTIONS OR COMMENTS
If you have any questions or comments about these Terms or the Services, please contact me at jordan@jordanpaddock.com.