Terms and Conditions

Terms of Use

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of JoshMcCarty.com or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from JoshMcCarty.com.

You must not:

* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.

Acceptable Use

You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions

JoshMcCarty.com may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Disclaimer

JoshMcCarty.com makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.

Limitation of Liability

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL JoshMcCarty.com OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF JoshMcCarty.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Anti-spam Policy

JoshMcCarty.com prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (“Spam”). You may not use any JoshMcCarty.com services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of JoshMcCarty.com.

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the JoshMcCarty.com webiste or service may not:

  • use or contain invalid or forged headers;
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • fail to comply with additional technical standards described below;
  • otherwise violate our Terms of Use.

JoshMcCarty.com does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. JoshMcCarty.com does not permit or authorize others to use the JoshMcCarty.com services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses.

JoshMcCarty.com does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any JoshMcCarty.com service.

If JoshMcCarty.com believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. JoshMcCarty.com may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the JoshMcCarty.com website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of JoshMcCarty.com’s rights.

Unauthorized use of any JoshMcCarty.com services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Violators of the CAN SPAM Act may be subject to “cease and desist” orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.

DMCA Notice

JoshMcCarty.com respects the intellectual property of others.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

* A physical or electronic signature of a person authorized to act on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed

* Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed

* Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address

* A statement that the complaining party “in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”

* A statement that the “information in the notification is accurate”, and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”

The above information must be submitted as an emailed notification to info at joshmccarty dot com.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

Email Policy

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to unauthorized third parties, and we will not provide your personal information to any unauthorized third party individual, government agency, or company at any time unless compelled to do so by law.

We will use your e-mail address solely to provide timely information about JoshMcCarty.com.

JoshMcCarty.com will maintain the information you send via e-mail in accordance with applicable federal law.

CAN-SPAM Compliance

In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Choice/Opt-Out

Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail or contacting us.

External Links Policy

The JoshMcCarty.com web site may contain links to many other web sites. JoshMcCarty.com cannot guarantee the accuracy of information found at any linked site. Links to or from external web sites sites not owned or controlled by JoshMcCarty.com does not constitute an endorsement by JoshMcCarty.com or any of its employees of the sponsors of these sites or the products or information presented there.