Updated May 24, 2018
Agreement by You
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the jimscherer.com website (the “Site”) operated by Jim Scherer (“us”, “we”, or “our”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
Copyright and Trademark Restrictions
All materials on the Site, including, but not limited to, photographs, any other images, illustrations, text, audio clips, video clips, fine art, and reproductions (the “Materials”) are protected by copyrights which are owned or licensed by Jim Scherer. You may not copy, reproduce, republish, upload, post, transmit, or distribute the Materials in any way. Any such use or modification of the Materials for any purpose constitutes an infringement of copyright and other proprietary rights. Use of the Materials on any other Website or in any other networked computer environment is also prohibited without express written permission. Materials sold through the Site are intended for private use only. Your purchase of Material(s) does not convey any rights with respect to the copyright of the image. Reproduction, publishing, posting, broadcasting, transmitting or distribution of any purchased Material(s), in any commercial or editorial manner, is strictly prohibited.
Modifications to the Site
Jim Scherer may at any time without prior or subsequent notice to you make modifications, improvements, and/or changes to the information, names, images, pictures, videos, audio files, podcasts, logos, and trademarks displayed on the Site, or to the products and services referred to within the Site. We acknowledge that the Site may include technical inaccuracies or typographical errors that may be corrected at our sole discretion.
Links to external websites
Jim Scherer is not responsible for the content and/or material derived from or obtained through any sites that may be linked to the Site. These links are provided for your convenience only and you access them at your own risk.
Our Site may contain links to third-party web sites or services that are not owned or controlled by us. Jim Scherer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Jim Scherer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JIM SCHERER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JIM SCHERER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT; THAT FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS WILL BE CORRECTED. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. Prices and availability are subject to change without notice. The Materials on the Site are for entertainment and promotional purposes only. Information and opinions expressed on the Site are not necessarily those of Jim Scherer. Jim Scherer, and on behalf of our officers, directors, employees, agents, distributors, and affiliates expressly disclaims all responsibility and liability for any and all claims directly or indirectly related to or resulting from the use of, or inability to use, the Site.
Third Party Content
Jim Scherer is a distributor, and not a publisher, of content supplied by third parties to the Site. Any opinions, advice, statements, or other information that constitute part of the content made available by third parties, are those of the respective authors or distributors and not of Jim Scherer or its officers, directors, employees, agents, distributors, or affiliates. Neither Jim Scherer, our officers, directors, employees, agents, distributors, or affiliates, guarantees the accuracy, completeness, or usefulness of any content supplied by third parties, nor its merchantability or fitness for any particular purpose. It is understood that content provided by third parties which is available through the Site represents opinions and judgments of a respective third-party provider, sponsor or licensor. Jim Scherer neither endorses, nor is responsible for the accuracy or reliability of, any opinion, advice, or statement made on the Site. Under no circumstances shall Jim Scherer or any of its officers, directors, employees, agents, distributors, or affiliates, be liable for any loss or damage caused by a user‚s reliance on information obtained from or through the Site or any loss or damage caused by a user’s exposure to information contained on the Site. It is the responsibility of each user to evaluate the information, opinion, advice, or other content available through the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JIM SCHERER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE; OR FROM THE PURCHASE OF MATERIALS THROUGH THE SITE, EVEN IF JIM SCHERER OR A JIM SCHERER CONTRACTUAL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JIM SCHERER’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO JIM SCHERER FOR ACCESSING THE SITE OR FOR PRODUCTS ACQUIRED THROUGH THE SITE.
Jurisdiction and Governing Law