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TERMS OF USE

Last Updated: 12/11/24

 

Welcome to the official author website of A.D. Metcalfe (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your use of https://www.admetcalfe.com (“Site”) and any content, features, products, or services offered through the Site. By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

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1. Eligibility and Acceptance of Terms
You must be at least 13 years of age to use this Site. By accessing or using the Site, you represent and warrant that you meet this requirement and will abide by all applicable laws and these Terms.

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2. Changes to the Terms
We may update these Terms from time to time. Any changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Site after such changes indicates your acceptance of the revised Terms.

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3. Intellectual Property Rights
All content on the Site, including but not limited to text, images, graphics, logos, videos, and other materials, is the property of A.D. Metcalfe or our licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Site content without our prior written permission.

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4. User Conduct
You agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable laws.

  • Submit or transmit any content that is defamatory, harassing, threatening, obscene, or otherwise objectionable.

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.

  • Interfere with or disrupt the operation of the Site or servers or networks connected to the Site.

  • Attempt to gain unauthorized access to any portion of the Site, other user accounts, or any computer systems or networks.
     

5. User-Generated Content
If the Site allows user-generated content (e.g., comments, submissions), you retain ownership of the content you submit. However, by submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, modify, and distribute that content in connection with the Site and A.D. Metcalfe’s promotional activities. You represent and warrant that you have the right to grant this license and that your content does not violate these Terms or any rights of third parties.

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We reserve the right, but are not obligated, to review, remove, or edit user submissions at our sole discretion.

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6. External Links
The Site may contain links to third-party websites or resources that we do not own or control. We provide these links as a convenience only. We are not responsible for the content, privacy policies, or practices of any third-party sites. Accessing such sites is at your own risk.

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7. Disclaimer of Warranties
The Site and its content are provided on an “as-is” and “as available” basis without warranties of any kind, whether express or implied. We do not warrant that the Site will be uninterrupted, error-free, or secure; nor do we make any warranty as to the accuracy, reliability, or completeness of any information on the Site.

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8. Limitation of Liability
To the fullest extent permitted by law, A.D. Metcalfe and our affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses resulting from your use or inability to use the Site.

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If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss arising out of your use of the Site or these Terms, our liability shall in no event exceed the greater of fifty U.S. dollars (US $50.00) or the amount you paid to us in connection with your use of the Site, if any.

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9. Indemnification
You agree to indemnify, defend, and hold harmless A.D. Metcalfe and our affiliates, officers, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.

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10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located within Massachusetts for the resolution of any disputes.

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11. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

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12. Entire Agreement
These Terms constitute the entire agreement between you and A.D. Metcalfe regarding your use of the Site and supersede any prior agreements or understandings.

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13. Contact Information
If you have any questions about these Terms, please contact us at newsletter@admetcalfe.com.

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