Bob McCarty Writes

We want you to enjoy using Bob McCarty Writes. We also want you to obey the law while you’re here and not interfere unduly with anyone else’s right to enjoy it. By using our site you agree to be bound by these terms of use, as amended, as well as the terms and conditions of Bob McCarty Writes’ privacy policy, which is incorporated by reference herein.Comments

While Bob McCarty Writes allows you to post comments on the site, we reserve the right to delete your comments for any reason. Rarely, if ever, will we do so simply because we disagree with you. We will, however, usually do so if you post something that is, in our good-faith opinion, (a) off-topic; (b) libelous, defamatory, abusive, harassing, threatening, profane, offensive, false, misleading, or which otherwise violates or encourages others to violate these terms of use or any law, including intellectual property laws; or (c) “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services.

Bob McCarty Writes does not own your comments and expressly disclaims any and all liability that may result from them. By commenting on our site, you agree that you retain all ownership rights in what you post here and that you will relieve us from any and all liability that may result from those postings. You further agree to grant us a worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to store, use, transmit, display, publish, reproduce, or otherwise distribute your comments without limitation, as well as to make such additional uses of them as may be needed by BobMcCarty.com, Bob McCarty, L.L.C., or any affiliated entity.

In short, you’re our guest here. We value your opinion and are happy to provide you with a forum in which to express it, but if you abuse our hospitality or use our site to injure someone, don’t be surprised if we throw you out.

Trackbacks

Bob McCarty Writes allows third-party websites to send trackbacks to its posts, but we may, in our absolute discretion, disable this option for particular posts or discontinue our general policy of allowing trackbacks at any time.

We reserve the right to delete trackbacks for any reason. As with comments, we typically won’t delete a trackback merely because we disagree with the post it comes from. We will, however, usually delete trackbacks from posts that are, in our good-faith opinion, (a) off-topic; (b) libelous, defamatory, abusive, harassing, threatening, profane, offensive, false, misleading, or which otherwise violate or encourage others to violate these terms of use or any law, including intellectual property laws; (c) “spam,” i.e., attempts to advertise, solicit, or otherwise promote goods and services. We will also usually delete trackbacks from posts that do not link or otherwise reference the post on BobMcCarty.com that they are tracking back to.

Intellectual Property

Unless otherwise noted, and subject to the provisions below, everything you see and hear on BobMcCarty.com, except advertisements, is owned by or licensed to Bob McCarty, L.L.C., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Bob McCarty, L.L.C., reserves all rights in and to this material that have not been expressly granted to third parties.

Notwithstanding the foregoing, Bob McCarty Writes may occasionally post text, graphics, photos, audio, or video which it neither owns nor has a license to use if it believes in good faith that the use of such material constitutes fair use as defined by Section 107 of Title 17 of the United States Code, as amended. If you hold the copyright to any such work and believe that our use fails to qualify for protection under Section 107, you may request that we remove it from our site by writing to us at the following e-mail address: bobmccartywrites (at) gmail (dot) com.

Bob McCarty Writes is intended for your own personal use. If you download or print something from our site, you should retain any advertisements, copyright or related proprietary notices which the material contains. You may not reproduce, transmit, license, sell or otherwise exploit for any purpose any content that appears on BobMcCarty.com without the prior written consent of its owner – except, of course, to the extent you’re entitled to do so under Section 107 of Title 17.

Warranty

YOU AGREE THAT YOUR USE OF BobMcCarty.com SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Bob McCarty, L.L.C., ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, IN CONNECTION WITH BobMcCarty.com AND YOUR USE THEREOF. Bob McCarty, L.L.C., MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BobMcCarty.com. Bob McCarty, L.L.C., DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BobMcCarty.com OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Bob McCarty, L.L.C., WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING BobMcCarty.com PRODUCTS AND SERVICES SOLD THROUGH OUR ONLINE MERCHANDISERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL Bob McCarty, L.L.C., ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BobMcCarty.com, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Bob McCarty, L.L.C., SHALL NOT BE LIABLE FOR USER COMMENTS, FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING BobMcCarty.com PRODUCTS AND SERVICES SOLD THROUGH OUR ONLINE MERCHANDISERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Miscellaneous

These terms of use (including the Bob McCarty Writes privacy policy incorporated by reference herein) represent the entire agreement between you and Bob McCarty, L.L.C., and apply exclusively to BobMcCarty.com. They do not apply to our advertisers, online merchandisers, websites to which we link, or any other third party, none of which are owned or operated by Bob McCarty, L.L.C., and about which we make no warranties or representations. For information about a third party’s terms of use, please consult their individual website. By using our site you agree to relieve us from any and all liability that may result from your use of a third-party site.

You also agree to defend, indemnify, and hold harmless Bob McCarty, L.L.C., and its officers, directors, employees, independent contractors, affiliates, and agents from and against any claims, actions, demands, expenses, liabilities, costs, debts, and damages (including legal and professional fees) asserted by any third party arising from your use of BobMcCarty.com, your alleged violation of any law, including laws governing intellectual property or privacy rights, or your violation of these terms of use.

You further agree that BobMcCarty.com will be deemed as being solely based in Missouri, regardless of where you are while using the site, and that it constitutes a “passive website” for purposes of personal jurisdiction statutes enacted by other states. You agree that the laws of the State of Missouri will govern these terms of use irrespective of principles regarding conflicts of law, and that any dispute between you and Bob McCarty, L.L.C., will be resolved by a court of competent jurisdiction located in St. Charles County, Missouri. If any part of these terms of use is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Finally, you agree that any claim or cause of action related to your use of BobMcCarty.com must be filed within one year after the cause of action accrues, or else it will be permanently barred.

These terms of use may be revised from time to time. Please check this page periodically for updates. Your use of our site on any given date indicates your acceptance to the terms of use as of that date.