Terms and Conditions of Use
March 22, 2023
Terms
This website is owned by Marcus A. McDaniel doing business as McDaniel ADR (“us,” “our” or “we”). By accessing and using this website, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
This site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. We reserve the right to withdraw or amend this site and any service or material we provide on the site in our sole discretion without notice. We will not be liable if, for any reason, all or any part of this site is unavailable at any time or for any period.
Use License
Your permission to use and access this site is the grant of a limited license, not a transfer of title, and your limited license to use or access this site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
· When using or accessing our site, you may not:
1. modify or copy any material on the site;
2. use the material for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the site or that supports the site;
4. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this site or while using this site;
5. remove any copyright or other proprietary notations from the material; or
6. transfer the materials to another person or entity or “mirror” the material on any other server;
7. Post any content (including audio, video or images) to the site.
HYPERLINKING TO OUR website
The following organizations may link to this site without prior written approval:
Government agencies;
Search engines;
News organizations; and
Online directory distributors may link to this Site in the same manner as they hyperlink to the websites of other listed businesses.
These organizations may link to our home page, to publications or to other site information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests as we deem appropriate. If you are interested in linking to this site, you must inform us by sending an e-mail to Marcus A. McDaniel at marcus@mcdanieladr.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to this site, and a list of the URLs on our site to which you would like to link. No use of Marcus McDaniel’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.
Limitation of Liability
IN NO EVENT WILL WE, OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON THIS SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless us, our licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use and your use of this site, including, but not limited to, any use of our site’s content or services other than as expressly authorized in these Terms and Conditions of Use.
Revisions and Errata
The materials appearing on this site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the site are accurate, complete, or current. We may make changes to the materials contained on the site at any time without notice. We do not, however, make any commitment to update the materials.
Links
We have not reviewed all of the third-party websites linked to this site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.
Site Terms of Use Modifications
We may revise these Terms and Conditions of Use for this site at any time without notice. By accessing or using this site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to this site shall be governed by the laws of the State in which we are headquartered without regard to its conflict of law provisions.
Entire Agreement
These Terms and Conditions of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to this site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this site.