Terms and Conditions of Use
We have taken every effort to design our Web sites to be useful and informative. Hopefully we’ve accomplished that — and would ask that you let us know if you would like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our sites you automatically agree to them. Naturally, if you don’t agree, please do not use the sites. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of this Thomas N. Blubaugh Web sites means that you accept those changes.
Thanks again for visiting!
Restrictions on Use of Our Online Materials
All materials contained in this Thomas N. Blubaugh web site (“Online Material”) are the copyrighted property of Thomas N. Blubaugh. All trademarks, service marks, and trade names are proprietary to Thomas N. Blubaugh. No Online Material from this web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy reproduce, republish, upload, post, transmit or distribute our Online Material in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on this Thomas N. Blubaugh web site. Attempts to modify any Online Material, or to defeat or circumvent our security features are prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Thomas N. Blubaugh or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
That means that such submissions are not treated as confidential. If we use them, or one similar in nature, we are not obligated to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to the web site mission of Thomas N. Blubaugh, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Correctional Facilities Deliveries
Thomas N. Blubaugh is not responsible for the delivery of packages to correctional facilities. We will make every attempt to follow the mailing instructions provided by our customers, but we will not issue a refund for orders that do not reach their stated destinations. Therefore, if you wish to mail a package to someone in a correctional facility you do so at your own risk and expense.
Limitation of Liability
THOMAS N. BLUBAUGH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITES USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES FAILURE OF OUR SITES TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR OR OMISSION ON OUR SITES INTERRUPTION OF AVAILABILITY OF OUR SITES DEFECT ON OUR SITES DELAY IN OPERATION OR TRANSMISSION OF OUR SITES COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITIY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGLENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our sites. Such a link should not be seen as an endorsement, approval, or agreement with any information or resources offered at web sites you can access through our sites. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Thomas N. Blubaugh-operated web site or have moved to another site. Thomas N. Blubaugh is not responsible for the content or practices of third party sites that may be linked to our sites. When Thomas N. Blubaugh provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Thomas N. Blubaugh is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship, or support of any Thomas N. Blubaugh site or endorsement, sponsorship, or support of Thomas N. Blubaugh, including its respective employees, agents, or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Thomas N. Blubaugh Web sites, along with all related documentation and all copies and installations. Thomas N. Blubaugh may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web sites, we do not in any way promise that the materials will remain available to you. And Thomas N. Blubaugh is entitled to terminate all or any part of any of its Web sites without notice to you.
Jurisdiction and Other Points to Consider