These Terms & Conditions apply to both this website, http://garnerdavis.net, and to its accompanying blog, "Stern Thoughts," located at http://sternblog.garnerdavis.net. (THE WEBSITE AN BLOG ARE REFERRED TO COLLECTIVELY HEREAFTER AS "WEBSITE," AND ALL REFERENCES TO "WEBSITE" ARE INTENDED TO INCLUDE THE BLOG AS WELL.) By using this website and/or the accompanying blog, you acknowledge that you have read and agree to the following terms and conditions of use:
Through your use of this website in any way, you agree that your use of this website is governed by the laws of the State of Georgia, USA and you agree to be bound by the following terms and conditions of use, as may be amended from time to time as posted herein, and you agree to exclusive jurisdiction and venue in Forsyth County, State of Georgia, USA for any claim or dispute regarding these terms and condition of us, or the use of this website. You agree that this forum is convenient and you waive any objection to jurisdiction in the above-referenced courts. You understand and agree not to use this website if you consider the use of this website as consent to jurisdiction in any other state. Further, use of this website is not authorized in any jurisdiction where any portion of this website may violate any legal requirements and you agree not to access this website in any such jurisdiction. If you do not agree and accept, without modification, the notices, terms and conditions set forth herein, do not use this website.
As a condition of your use of this website, you represent and warrant to Garner Davis that you will not use this website or its content for any purpose that is unlawful, immoral, libelous, slanderous, or prohibited by these terms, conditions, and notices.
THIS WEBSITE IS INTENDED FOR USE AND VIEWING ONLY BY PERSONS 18 YEARS OF AGE AND OLDER, OR THOSE HAVING THE EXPRESS PERMISSION OF THEIR PARENT OR LEGAL GUARDIAN. ANY PERSON LESS THAN 18 YEARS OF AGE ACCESSING THIS WEBSITE WITHOUT EXPRESS PERMISSION OF HIS OR HER PARENT OR LEGAL GUARDIAN SHOULD REFRAIN FROM VIEWING ANY PAGE OTHER THAN THE HOME PAGE, AND SHOULD IMMEDIATELY EXIT THE WEBSITE. GARNER
OTHER THAN THESE TERMS & CONDITIONS AND CERTAIN INFORMATION ON THE GARNERDAVIS.NET HOMEPAGE, THIS WEBSITE IS A WORK OF FICTION. ITS CONTENT, THE NOVEL "OH NO, RICHARD! (THE LIFE AND UNFORTUNATE TIMES OF RICHARD STERN), RICHARD STERN, AND THE OTHER CHARACTERS POPULATING "OH NO, RICHARD!" AND "STERN THOUGHTS" ARE FICTIONAL CREATIONS OF GARNER DAVIS. ALL OF THE CHARACTERS, ORGANIZATIONS, AND EVENTS PORTRAYED THEREIN ARE EITHER PRODUCTS OF GARNER DAVIS' IMAGINATION OR ARE USED FICTIOUSLY.
Links to other websites are provided for convenience only. Garner Davis does not endorse, sponsor or approve the content of any other websites. Garner Davis has no control over such websites and has no responsibility for your use of any such linked websites. Garner Davis further accepts no responsibility for the content of websites that may link to this website.
NO GRANT OF LICENSE
Nothing on this website, or your use of this website, shall confer, or be construed to confer, any license or any other rights to any intellectual property or other property, whether by estoppel, implication or otherwise.
Any communication or material you transmit to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary unless confidential or proprietary treatment is expressly requested by you and expressly agreed to, in writing, by Garner Davis.
Through your usage of this website, you may submit, and/or Garner Davis may gather, certain limited information about you and your website usage. However, your personal information will not be shared with others by Garner Davis, without your express permission, or unless required by law.
INSECURITY OF INFORMATION
You hereby understand and acknowledge that no data transmission over the Internet can be guaranteed to be completely secure and you utilize this website and/or transmit or receive electronic communications, including emails, at your own risk.
The content of this website is informational only and no representation made as to the accuracy or completeness of the content herein. You understand and agree that your use of this website is at your own risk and Garner Davis provides no assistance and is under no obligation to provide you with any error corrections, updates, upgrades and/or enhancements to this website.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BY USING THIS WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL INFORMATION AND/OR MATERIALS ARE PROVIDED ON AN "AS IS," AND “AS AVAILABLE” BASIS, AND THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GARNER DAVIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS AND CURRENCY. GARNER
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
BY USING THIS WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GARNER DAVIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF INFORMATION OR DATA, OR ANY INTANGIBLE LOSSES, RESULTING FROM USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. GARNER
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that your use of this website is governed by, and construed in accordance with, the laws of the State of
MERGER AND SEVERABILITY
These terms and conditions of use constitute the entire agreement and supersede any previous agreement between you and Garner Davis. No modification of this agreement will be valid unless published on this website by, or by written agreement with, Garner Davis. If any part of this agreement is held invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be construed in a manner consistent with applicable law to reflect the original intent of the parties as closely as possible, and the remaining portions of the agreement shall remain in full force and effect.
Any alleged waiver of any breach of this agreement shall not constitute a waiver of any future breach.
REVISIONS TO THESE TERMS AND CONDITIONS OF USE
You agree that Garner Davis may, at any time and without notice, change the terms, conditions, and notices under which this website is offered, as well as the content of this website. Such changes and/or modifications shall become effective immediately upon their posting, so please review the terms and conditions of use whenever you access this website. Your continued use of the website following the posting of changes and/or modifications will constitute your acceptance of any revised terms and conditions of use of this website.
If you have any questions, you may contact Garner Davis by email to firstname.lastname@example.org. However, Garner Davis is under no obligation to respond to, or retain, your communications.
This website and its contents are the copyrighted property of Garner Davis, and you agree not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of this website without prior written permission. Notwithstanding the foregoing, Garner Davis grants the right to download website materials for personal, non-commercial use.Trademark names mentioned in this website, if any, are the trademarks of their respective owners.