Terms of Use

Your use of www.thejohnwaller.com and any related pages or features (the "Site") is subject to these Terms of Use ("Terms"). By accessing or using the Site, you confirm that you have read, understand, and agree to be bound by these Terms without modification. Do not use the Site if you do not agree to all of these Terms.

The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract. If you use the Site on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

Supplemental terms or policies posted on the Site are incorporated by reference. I may change these Terms at any time for any reason. I will update the "Last updated" date above when I do. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

Access from jurisdictions where the Site or its content is illegal is at your own initiative and risk and you are solely responsible for compliance with applicable laws.

Unless otherwise indicated, the Site and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content"), and the trademarks and service marks displayed on the Site (the "Marks"), are owned or controlled by me or licensed to me and are protected by applicable intellectual property laws.

The Site, Content, and Marks are provided "as is" for your personal and informational use only. Except as expressly allowed in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without my prior written permission.

You agree that I may access, store, process, and use information and personal data you provide in accordance with my Privacy Policy. You are solely responsible for any content you post, upload, or transmit through the Site and you represent that you have the right to post such content and that it is truthful and accurate.

I respect the intellectual property rights of others and will respond to notices of alleged infringement under the Digital Millennium Copyright Act ("DMCA"). To submit a DMCA notice, please provide:

• A physical or electronic signature of a person authorized to act for the copyright owner
• Identification of the copyrighted work claimed to be infringed or a representative list
• Identification of the material claimed to be infringing and information reasonably sufficient to locate it
• Your contact information
• A statement of good-faith belief that use of the material is not authorized by the copyright owner, agent, or law
• A statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner

Send DMCA notices to: legal@thejohnwaller.com

By using the Site, you represent and warrant that: you are at least 18; you will comply with these Terms and applicable laws; you will not access the Site through automated or non-human means except as allowed by publicly documented APIs; you will not use the Site for any illegal or unauthorized purpose; and your use of the Site will not violate any law or regulation.

You agree not to:

• Systematically retrieve data to create or compile a collection, database, or directory without written permission
• Trick, defraud, or mislead me or other users
• Circumvent, disable, or interfere with security-related features
• Disparage, tarnish, or otherwise harm me or the Site
• Use information obtained from the Site to harass, abuse, or harm another person
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Site
• Use the Site in a manner inconsistent with applicable laws or regulations

The Site may invite you to create, submit, post, display, or transmit content or materials. Contributions must not be illegal, obscene, defamatory, infringing, or otherwise objectionable, and must comply with these Terms and applicable law.

By posting Contributions to the Site, you grant me a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify for formatting or display, and display such Contributions for the purpose of operating and improving the Site. You retain all ownership rights in your Contributions. You represent that you have all rights necessary to grant this license.

If you send me any questions, comments, ideas, suggestions, feedback, or other information about the Site or my work ("Submissions"), you grant me a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform such Submissions for any lawful purpose. Do not send Submissions if you do not want to grant these rights. You waive any moral rights in such Submissions and represent that they are original to you or that you have the right to submit them.

I reserve the right, but do not undertake any obligation, to: monitor the Site for violations of these Terms; take legal action for violations; in my sole discretion restrict or disable your access to any part of the Site; remove content that is excessive in size or burdensome to systems; and manage the Site to protect my rights and facilitate proper functioning.

These Terms remain in effect while you use the Site. Without limiting other provisions, I may deny access to the Site to any person for any reason or no reason, including for breach of these Terms or any law, and I may remove any content at any time in my sole discretion. Provisions that by their nature should survive termination will survive.

I may change, modify, or remove the Site or any content at any time without notice. I do not guarantee the Site will be available at all times. I am not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during downtime or discontinuance. Nothing in these Terms obligates me to maintain or support the Site or provide corrections or updates.

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site will be instituted exclusively in the state or federal courts located in Buffalo, New York. You waive any objections to venue or jurisdiction in those courts.

Informal Resolution. Before filing a claim, you agree to email me at legal@thejohnwaller.com and try to resolve the dispute informally.

Binding Arbitration. All disputes arising out of or relating to these Terms, the Site, or any purchase made through the Site will be resolved by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be held in Buffalo, New York unless I agree to another location.

Restrictions. Proceedings will be on an individual basis, not a class, consolidated, or representative action. If a claim proceeds in court rather than arbitration, both parties waive a jury trial. No claim may be brought more than one year after it accrues.

Information on the Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. I reserve the right to correct any errors and to change or update information at any time without prior notice.

Except as expressly provided in these Terms, the Site is provided on an "as is" and "as available" basis. Your use of the Site is at your sole risk. To the fullest extent permitted by law, I disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, I will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, revenue, data, or other losses arising from your use of the Site, even if advised of the possibility. My total liability for any claim relating to the Site will not exceed the amount you paid to me for access to the Site, if any, or one hundred U.S. dollars (100 dollars), whichever is less.

You agree to defend, indemnify, and hold me harmless, including my agents, partners, and any service providers, from and against any losses, damages, liabilities, claims, or demands, including reasonable attorney fees and costs, made by any third party due to or arising from: your use of the Site; your breach of these Terms; your violation of any third-party rights; or any harmful act by you toward any person you connected with through the Site.

I may maintain certain data that you transmit to the Site to manage performance and usage. Although I perform routine backups, you are solely responsible for the data you transmit and for your activities on the Site. I have no liability for any loss or corruption of such data.

By using the Site, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications I provide electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices and records of transactions initiated or completed by me or via the Site.

Links from the Site to non-affiliated websites do not constitute endorsement. You access any third-party site at your own risk. Review the terms and privacy policy of any linked site. I am not responsible for third-party policies or practices and disclaim any liability related to such sites.

I may fully cooperate with law enforcement, regulators, or court orders requesting disclosure of the identity or other information of anyone interacting through the Site. You waive and hold me harmless from any claims resulting from actions taken during or as a result of such investigations.

These Terms and any policies posted on the Site, including the Privacy Policy, constitute the entire agreement between you and me regarding the Site. Failure to enforce any provision is not a waiver. These Terms operate to the fullest extent permitted by law.

If you have questions about these Terms or your use of the Site, contact: