James Dunn

The Terms of Service, below, shall be read completely before reading the following Disclaimer.

Disclaimer:

James Dunn does not evaluate or guarantee the accuracy of any questions, answers or other posted information by anyone to include James Dunn on “James Dunn’s web related Authors’ Content” (collectively, "Authors’ Content"). The information posted continues to evolve and no portion of it should be considered accurate or complete. Normally, all Authors’ Content is provided by James Dunn and community members like you. However, in certain circumstances, Authors’ Content may be provided by "special guest", “Friends”, “Public”, or other participants in Authors’ Content, or by server staff, government agencies, or any of a host of other sources that may contaminate the original Authors’ Content. Regardless of the source or origin of any textual and graphic data on Authors’ Content, you agree that any use you make of such textual and graphic data is at your own risk and that James Dunn is not responsible for any losses resulting from your reliance on any textual and graphic data on Authors’ Content. Textual and graphic data on Authors’ Content should never be used as a substitute for advice from a qualified professional. The contextual information does not attempt to identify unforeseen hazards related to the implementation of any portion of the textual and graphic data presented and you and the persons and corporations implementing and transmitting Authors' Content shall forever indemnify James Dunn of all related consequences without limitation.

All textual and graphic data available through or in connection with Authors’ Content is informational only and provided "as is" without warranties, representations, or guarantees of any kind. James Dunn disclaims any and all implied warranties respecting Authors’ Content.

The opinions expressed through Authors’ Content are the opinions of the individual author and do not reflect the opinions of James Dunn. Please refer to the James Dunn Terms of Service, below.

By submitting any comment, information, question, or any other form of textual data to Authors’ Content, you acknowledge that James Dunn is not responsible for any response you receive or do not receive, and you agree to hold James Dunn harmless from any loss, harm, injury or damage resulting from or arising out of your submission of the textual data or your use of or reliance on any response thereto.

SPECIAL ADMONITION FOR AUTHORS’ CONTENT RELATING TO FINANCIAL MATTERS

If you intend to ask, answer, or respond to any textual or linked data concerning any information, procedures, recommendations, companies, stock quotes, investments or securities, please carefully read the "Special Admonition for Services Relating to Financial Matters" provision of the James Dunn Terms of Service, below. They go doubly for you. In addition, for this type of Information particularly, the phrase "Let the investor beware" is apt. Authors’ Content is provided for informational purposes only, and no Authors’ Content is intended for trading, investing purposes, or financial strategies of any kind. James Dunn shall not be responsible or liable for the accuracy, usefulness or availability of any Authors’ Content, and shall not be responsible or liable for any trading or investment decisions based on such information.

SPECIAL ADMONITION FOR AUTHORS’ CONTENT RELATING TO HEALTH MATTERS

Authors’ Content is provided for informational purposes only, and is not a substitute for professional accounting advice, engineering practice, medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified engineering and health professional before starting any new project and treatment or making any changes to existing project and treatment. Do not delay seeking or disregard medical and engineering advice based on Authors’ Content on this site. No health-and engineering related Authors’ Content on Authors’ Content, including information about herbal therapies and other dietary supplements, is regulated or evaluated by the Food and Drug Administration and therefore the information should not be used to diagnose, treat, cure or prevent any disease without the supervision of a medical doctor or other qualified health professional.

SPECIAL ADMONITION FOR AUTHORS’ CONTENT RELATING TO LEGAL MATTERS

Authors’ Content is provided for informational purposes only, and is not a substitute for professional legal advice. Always seek the advice of a qualified attorney licensed in the appropriate jurisdiction before taking any course of action that may affect your legal rights.

Terms of Service

1. ACCEPTANCE OF TERMS

James Dunn welcomes you. James Dunn provides “interactive access to textual and graphic content” (“service”) to you subject to the following Terms of Service ("TOS"), which may be updated by James Dunn from time to time without notice to you. You can review the most current version of the TOS at any time at http://blog.360.yahoo.com/jamesbdunn2?tag=disclaimer . In addition, when using particular James Dunn owned or operated services, you and James Dunn shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to the Yahoo! Spam Policy) are hereby incorporated by reference into the TOS.

James Dunn may also offer other services that are governed by different Terms of Service.
James Dunn provides users with access to some of his creations and learned information in the form of textual and graphic data, as well as linked information not necessarily his own, hereafter collectively known as the (“Service”).

You also understand and agree that the Service may include advertisements and that these advertisements are necessary for James Dunn to provide the Service and that they may or may not provide James Dunn with monetary benefit. You also understand and agree that the Service may include certain communications from James Dunn, such as service announcements, administrative messages and a newsletter, and that these communications are considered part of interacting with any resource administered by James Dunn and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new James Dunn properties as well as all textual and graphic data, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that James Dunn assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Certain areas of the Service contain copyrighted materials owned solely by James Dunn and may not be copied or distributed without his expressed written consent. Such consent must as a minumum be an email from James Dunn's password protected account and the beneficiary of such consent is obligated to maintain the original email in its original electronic format. Each person or legal entity violating the copyright of James Dunn shall pay fees and be liable for all revenue lost, gained, and/or otherwise related to such violation in accordance with U.S. copyright standards.

Please be aware that James Dunn has created certain areas on the Service that contain adult or mature Authors’ Content. You must be at least 18 years of age to access and view such areas.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

James Dunn has the right to suspend or terminate your access to all Authors’ Content and refuse any and all current or future use of the Service (or any portion thereof). James Dunn is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Yahoo! Family Account. When you create a Yahoo! Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Yahoo! Family Account. By adding a child to your Yahoo! Family Account, you also give your child permission to access many areas of the Service, including, email, message boards and instant messaging (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Authors’ Content (as defined in Section 6 below) are appropriate for your child.

4. JAMES DUNN PRIVACY POLICY

You understand that through your use of the Service you consent to the Yahoo! privacy policy and you authorize James Dunn to cite, link, copy to and from any location, any portion of any and all textual and graphic data posted by you and anyone posting textual and graphic data in private messages, blog comments, and any other displayed information that resides in any and all web spaces in the custody of James Dunn.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

Member access is controlled by Yahoo! Services.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Authors’ Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Authors’ Content originated. This means that you, and not James Dunn, are entirely responsible for all Authors’ Content that you upload, post, email, transmit or otherwise make available via the Service. James Dunn does not critically investigate or control all of the Authors’ Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Authors’ Content. You understand that by using the Service, you may be exposed to Authors’ Content that is inaccurate, incomplete, offensive, copyrighted, indecent or objectionable. Under no circumstances will James Dunn be liable in any way for any Authors’ Content, including, but not limited to, any errors or omissions in any Authors’ Content, or any loss or damage of any kind incurred as a result of the use of any Authors’ Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Authors’ Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a government or Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Authors’ Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Authors’ Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Authors’ Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read Yahoo!’s complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that James Dunn may or may not pre-screen Authors’ Content, but that James Dunn and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Authors’ Content that is available via the Service. Without limiting the foregoing, James Dunn and its designees shall have the right to remove any Authors’ Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Authors’ Content, including any reliance on the accuracy, completeness, or usefulness of such Authors’ Content. In this regard, you acknowledge that you may not rely on any Authors’ Content created by James Dunn or submitted to James Dunn, including without limitation information in James Dunn Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that James Dunn may access, modify, preserve and disclose your submitted textual and graphic data and related Authors’ Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce the TOS;

(c) respond to claims that any Authors’ Content violates the rights of third parties;

(d) respond to your requests;

(e) protect the rights, property or personal safety of James Dunn, its users and the public; or

(f) to clarify understanding.

You understand that the technical processing and transmission of the Service, including your textual and graphic data and related Authors’ Content, may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Yahoo! and/or James Dunn who provide Authors’ Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

9. AUTHORS’ CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

James Dunn does not claim ownership of Authors’ Content you submit or make available for inclusion on the Service. However, with respect to Authors’ Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant James Dunn the following worldwide, royalty-free and non-exclusive license(s), as applicable:

• With respect to Authors’ Content you submit or make available for inclusion on publicly accessible areas of James Dunn web related resources in his custody, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your textual and graphic data for any purpose as James Dunn chooses. This license exists for 20 years from the date of submission.

• You shall not submit any copyrighted textual and graphic data to the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such data on the Service and in any manner that James Dunn chooses. This license exists for 20 years from the date of submission.
• With respect to Authors’ Content other than photos, graphics, audio or video you submit or make available for inclusion in publicly accessible areas or on other than publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such textual and graphic data (in whole or in part) and to incorporate such textual and graphic data into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the web related resources in the custody of James Dunn and of properties that are intended by James Dunn to be available to the general public. By way of example, publicly accessible areas of the Service would include any web related resource in the custody of James Dunn where access is obtained by either a

Yahoo! Member logged in and accessing Yahoo! related resources or any person entering a simple URL address in Microsoft Internet Explorer. However, publicly accessible areas of the Service would not include portions of James Dunn web related resources that are intended by James Dunn to have private access by James Dunn, or areas off of the James Dunn network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by James Dunn.

10. CONTRIBUTIONS TO JAMES DUNN

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to James Dunn through web related resources in the custody of James Dunn, you acknowledge and agree that:

(a) your Contributions do not contain confidential or proprietary information;

(b) James Dunn is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

(c) James Dunn shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

(d) James Dunn may have something similar to the Contributions already under consideration or in development;

(e) your Contributions automatically become the property of James Dunn without any obligation of James Dunn to you; and

(f) you are not entitled to any compensation or reimbursement of any kind from James Dunn under any circumstances.

11. INDEMNITY

You agree to indemnify and hold James Dunn and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Authors’ Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, access to the Service, or any portion of the Authors’ Content.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that James Dunn may erase or retain, without limitation, any portion of textual and graphic data residing at any time and in any location on the Service.

14. MODIFICATIONS TO SERVICE

James Dunn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that James Dunn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. TERMINATION

You agree that James Dunn may, under any circumstances and without prior notice, immediately terminate any portion of your access to the Service or content from the Service.

16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that James Dunn shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because James Dunn has no control over such sites and resources, you acknowledge and agree that James Dunn is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Authors’ Content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that James Dunn 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 Authors’ Content, goods or services available on or through any such site or resource.

18. JAMES DUNN'S PROPRIETARY RIGHTS

You acknowledge that any textual and graphic data published by James Dunn shall include the entire Disclaimer and Terms of Service attached to any document reproduced without James Dunn’s written, and signed by signature, permission.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JAMES DUNN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. JAMES DUNN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JAMES DUNN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JAMES DUNN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JAMES DUNN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(v) ANY OTHER MATTER RELATING TO THE SERVICE.

21. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU, AND WHERE SUCH EXCLUSION OF WARRANTIES APPLY THE AUTHORS’ CONTENT SHALL BE INTERPRETTED TO THE GREATEST BENEFIT OF THE AUTHOR IN ALL LEGAL PROCEDINGS AND ANY AND ALL BENEFIT TO JAMES DUNN SHALL BE PRESENTED TO JAMES DUNN AND HIS LEGAL REPRESENTATIVE PRIOR TO ANY SUMMONS SERVED UPON PENALTY TO THE PROSECUTION AN AMOUNT EQUAL TO THAT WHICH IS BEING SOUGHT BY THE PROSECUTION.

22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt.

The Service is provided for informational purposes only, and no Authors’ Content included in the Service is intended for trading or investing purposes. James Dunn and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

24. NOTICE

James Dunn may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

25. TRADEMARK INFORMATION

The name JAMES DUNN as it relates to the Authors’ Content, and other James Dunn logos and product and service names are trademarks of James Dunn (the "James Dunn Marks"). Without James Dunn's prior permission, you agree not to display or use in any manner the James Dunn Marks except where providing credit for Authors’ Content in the form of a bibliography.

26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

James Dunn respects the intellectual property of others, and we ask our users to do the same. James Dunn may, in appropriate circumstances and at its discretion, disable and/or terminate the comments of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide James Dunn the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

James Dunn's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent
c/o James Dunn
By email: james.dunn@excite.com

27. GENERAL INFORMATION

Entire Agreement.

The Disclaimer and TOS constitutes the entire agreement between you and James Dunn and governs your use of the Service, superseding any prior agreements between you and James Dunn with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other James Dunn services, affiliate services, third-party Authors’ Content or third-party software.

Choice of Law and Forum.

The TOS and the relationship between you and James Dunn shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions. You and James Dunn agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bernalillo, New Mexico.

Waiver and Severability of Terms.

The failure of James Dunn to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability.

You agree that your intellectual property licensed to James Dunn is non-transferable and any rights to Authors’ Contents terminate upon your death. Your intellectual property may be terminated and all Authors’ Contents therein permanently deleted at any time and for any reason determined by James Dunn.

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

28. VIOLATIONS

Please report any violations of the TOS to james.dunn@excite.com.