Last Updated: March, 2019
This is our Terms of Use. For further information, visit our Privacy Policy and Cookie Policy.
Thank you for visiting the Scottie James, LLC (“Scottie James,” “we,” “us” or “our”). “You” and “Your” means you as the user of our Website. These Terms of Use govern your use of the Website located at https://scottiejames.com/ and any other Website(s), application, including mobile apps, or products or services we offer, or when you communicate with us, where these Terms of Use are posted or linked to and which are owned or operated by Scottie James (the “Platform”). The term “Platform” also includes all subdomains of the Platform and any content, code, data, services, features or functionality made available from or through the Platform. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Platform. Changes in the Terms of Use will be effective when posted and your continued use of the Platform and/or the services made available on or through the Platform after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE PLATFORM OR ANY INDIVIDUAL PART OF THE PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE PLATFORM, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access, register with or otherwise use the Platform.
These Terms of Use govern the following:
- Your use of the Platform (including Your rights to link to the Platform) as set out in these terms and conditions (the “Terms of Use”);
- our use of cookies on the Platform (see our separate “Cookies Policy”); and
- how we will use and protect information about You (see our separate “Privacy Policy”).
Collectively these documents are defined as the “Terms”.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE PLATFORM ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Use of the Platform
The access to and use of the Platform implies Your full acceptance and undertaking to abide entirely by the Terms and Conditions.
You should read all the Terms prior to using the Platform. However, please note that we may change our Terms from time to time, therefore we recommend You to read the Terms each time You access the Platform. The revised Terms will be available via the Platform. You will be deemed to have accepted any changes to the Terms after You have been notified of the changes on our Platform home page and You continue to access or use the Platform.
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Platform for commercial purposes.
Access to our Platform is permitted on a temporary basis. We update our Platform regularly and so may change the content at any time without notice to You. We reserve the right to withdraw, vary or suspend the service at any time without notice.
You are responsible for making all arrangements necessary to access this Platform. You are also responsible for ensuring that all persons accessing our Platform through Your internet connection are aware of these Terms and Conditions.
Please note that use of our Platform is subject to Your computer and/or portable device complying with minimum standard technical specifications. You are advised to check to ensure that Your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Platform which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
You agree not to use the Platform for fraudulent purposes, and not to perform any conduct that may damage the image, interests and rights of Scottie James or third parties. You also agree not to take any action in order to damage, disable or overburden the Platform, or hinder, in any way, the normal use and operation.
In the event of breach of the contents of these Terms we reserve the right to limit, suspend or terminate Your access to the Platform, taking any technical measures necessary for that purpose.
2. Relationship and Reliance on Information Posted
The materials on this Platform are for informational and educational purposes only. Your use of this Platform does not create a contractual or legal relationship between Scottie James and you. The information and materials posted on our Platform are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.
3. Copyright Ownership
Scottie James’ Platform is protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Platform for your personal, non-commercial use, but you may not copy any part of the Platform for any other purpose, and you may not modify any part of the Platform for any reason. Inclusion of any part of the Platform in another work, whether in printed, electronic or other form, and inclusion of any part of the Platform in another Platform by linking, framing or otherwise, are prohibited. Our operation of this Platform is not intended to create, and will not create, a contractual or legal relationship with you.
4. Trademark Rights
The trademarks, service marks, and logos of Scottie James belong exclusively to Scottie James (“Scottie James Marks”). The Scottie James Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Platform confers on you any license or right under the Scottie James Marks or the trademarks of any third party.
5. Use Restrictions
You agree not to use the Platform for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Platform(s). You further agree not to use the Platform in any manner that:
- copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Platform(s) or any portion thereof;
- is intended to obtain unauthorized access to the Platform, any portion thereof, or any server(s) or devices on which the Platform or any related data or information is stored;
- infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
- links to materials or other content, directly or indirectly, to which you do not have a right to link;
- is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Scottie James in its sole discretion; or
- violates, or encourages anyone to violate the Terms or any ancillary terms and conditions listed on the Platform.
6. Accuracy of Information and Registration Information
You agree, as applicable, to provide Scottie James with accurate information and not to impersonate or otherwise misrepresent your association or Scottie James affiliation with any person, organization, or entity.
In the course of your use of the Platform, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). Scottie James’ information collection and use policies with respect to the privacy of such Registration Information are set forth in the Scottie James Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Platform using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify Scottie James of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. Scottie James cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. Third Party Website
You may be able to link from the Platform to third party websites and third-party websites may link to the Platform (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Platform does not imply Scottie James’ endorsement, sponsorship, or recommendation of that site. Scottie James disclaims any liability for links (1) from another website to the Platform and (2) to another website from the Platform. Scottie James cannot guarantee the standards of any website to which links are provided on the Platform nor shall Scottie James be held responsible for the contents of such sites, or any subsequent links. Scottie James does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Scottie James is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. Advertisements and Promotions
Scottie James may run advertisements and promotions from third parties on the Platform. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Scottie James, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Scottie James is not 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 third-party advertisers on the Platform.
9. Disclaimer of Warranties
SCOTTIE JAMES DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE PLATFORM OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE PLATFORM. UNDER NO CIRCUMSTANCES WILL SCOTTIE JAMES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE PLATFORM OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE PLATFORM.
YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. SCOTTIE JAMES DISCLAIMS IMPLIED WARRANTIES THAT THE PLATFORM AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE PLATFORM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION GIVEN BY SCOTTIE JAMES OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
10. Termination
We reserve the right to restrict, modify, suspend, or terminate your access to the Platform, with or without cause or prior notice, at any time, and without any liability to you.
11. Privacy
Scottie James views the protection of your privacy as an important responsibility. Personally Identifiable Information (“PII”) and other information collected on or in connection with the Platform will be used and processed as described in our Privacy Policy, which is incorporated herein, and can be found at https://scottiejames.com/privacy-policy/. By using the Platform, you consent to the collection and use of your PII by us as described in the Privacy Policy.
12. Assignment
To the extent permitted by law, Scottie James may sell, transfer, or otherwise share some or all of our assets, including your PII, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred.
13. Age Limitation
The Platform is not intended for use by persons under the age of 13. Scottie James does not knowingly collect information from visitors under the age of 13 and in the event that we learn that a person under the age of 13 has provided Scottie James with PII, we will delete such PII.
14. Limitation of Liability
In no event shall Scottie James or any third parties mentioned on the Platform be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of or inability to use the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Scottie James is advised of the possibility of such damages.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH SCOTTIE JAMES IS TO DISCONTINUE YOUR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY SCOTTIE JAMES. IN NO EVENT WILL SCOTTIE JAMES’ TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
15. Dispute Resolution
By using the Platform, you and Scottie James agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Scottie James at 1433 N. Water St. Suite 400 Milwaukee, WI 53202.
Both you and Scottie James agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to the American Arbitration Association (https://www.adr.org/) for binding arbitration under its rules then in effect in the State of Wisconsin before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
16. Choice of Law and Forum
You agree that the laws of the State of Wisconsin govern the Terms and any claim or dispute that you may have against us, without regard to State of Wisconsin conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Wisconsin and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF WISCONSIN, MILWAUKEE COUNTY FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF WISCONSIN, MILWAUKEE COUNTY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
17. Modification We reserve the right to modify these Terms at any time. Your continued use of the Platform after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Updated” at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, then you are not authorized to use the Platform.