November 24, 2014

JoshuaKennon.com User Agreement

  1. JoshuaKennon.com(TM) service (the “Service”) and its affiliate sites (the “Sites”) are accessible worldwide to anyone with Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. JoshuaKennon.com and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the Sites, you agree in advance to accept any changes.
  2. The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of JoshuaKennon.com and Kennon & Green Press, LLC or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of JoshuaKennon.com through Kennon & Green Press, LLC or the appropriate affiliate.
  3. The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER JOSHUA KENNON, JOSHUAKENNON.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. The information, facts, and opinions provided are no substitute for professional advice. Always consult your primary care physician for any medical advice, diagnosis, or treatment and before undertaking a new diet or exercise plan. Always consult your own attorney, accountant, tax preparer, and other qualified advisers to check for accuracy and suitability.  This Service and the Sites are for informational entertainment purposes and should be used in conjunction with health care professionals.
  4. The Service and the Sites may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to JoshuaKennon.com, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You agree to only post information that is true and correct in light of your knowledge. You shall not, without the express approval of JoshuaKennon.com or Kennon & Green Press, LLC, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You will be responsible for, and indemnify and hold harmless Joshua Kennon, JoshuaKennon.com, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC its parents, subsidiaries, divisions, affiliates, authors, publishers, agents and representatives against, any claim arising from any material that you post or transmit. Although JoshuaKennon.com and Kennon & Green Press, LLC and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither JoshuaKennon.com, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC, Joshua Kennon nor its affiliates is under any obligation to do so. You acknowledge that JoshuaKennon.com, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC, Joshua Kennon and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. JoshuaKennon.com, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC, Joshua Kennon and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages. You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by JoshuaKennon.com, Kennon & Green Press, LLC, and Kennon Green Enterprises, LLC, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant JoshuaKennon.com, Kennon & Green Press, LLC, and Kennon Green Enterprises, LLC a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for JoshuaKennon.com, Kennon & Green Press, LLC, and Kennon Green Enterprises, LLC or any third party they designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any messages sent to Joshua Kennon, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC, or JoshuaKennon.com or any Submission posted by you on or to JoshuaKennon.com, including any Submission posted on JoshuaKennon.com through a third party.
    1. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless JoshuaKennon.com, Joshua Kennon, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC and all officers, directors, owners, agents, authors, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. JoshuaKennon.com, Kennon & Green Press, LLC and Kennon Green Enterprises, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
    2. JoshuaKennon.com, Kennon & Green Press, LLC, and Kennon Green Enterprises, LLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
  5. Your use of the Service and the Sites is at your own risk. NEITHER Joshua Kennon NOR JoshuaKennon.com, nor Kennon & Green Press, LLC, nor Kennon Green Enterprises, LLC, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST JoshuaKennon.com, OR Joshua Kennon, OR Kennon & Green Press, LLC, OR Kennon Green Enterprises, LLC AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
  6. JoshuaKennon.com, Kennon & Green Press, LLC, Kennon Green Enterprises, LLC  and its affiliates do not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your use of such web sites is at your own risk. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Service and the Sites is at your own risk. Prior to purchasing any third party products or services described on the Service and the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Joshua Kennon, nor JoshuaKennon.com, nor Kennon & Green Press, LLC, nor Kennon Green Enterprises, LLC nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Service and the Sites.
  7. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
  8. JOSHUAKENNON.COM’S TERMS AND CONDITIONS FOR PODCASTS
    JoshuaKennon.com’s podcasting service (the “Podcast Service”) consists of news and information files (the “Podcast Content”) that may be downloaded to your computer and/or transferred to your portable MP3 player.The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by JoshuaKennon.com. Ownership: JoshuaKennon.com’s Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. JoshuaKennon.com owns all rights including copyright to the Podcast Content, and to The JoshuaKennon.com logos and trademarks used in connection with the Podcast Service. Right to Discontinue Podcast Service: JoshuaKennon.com reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of this Member Agreement.  JoshuaKennon.com assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player.
  9. Copyright Infringement: Images and other content on the site that are not owned are licensed from Shutterstock, Thinkstock, other sources, believed to be in the public domain, and / or used under “fair use” copyright rules.  If you believe that any content appearing on JoshuaKennon.com infringes on your copyright, please let us know. JoshuaKennon.com, Kennon & Green Press, LLC, and Kennon Green Enterprises, LLC HAS REGISTERED WITH THE UNITED STATES COPYRIGHT OFFICE AND PROVIDED A DESIGNATION OF AGENT TO RECEIVE NOTIFICATION OF CLAIMED INFRINGEMENT:

Designation of Agent to Receive Notification of Claimed Infringement

Full Legal Name of Service Provider: Kennon & Green Press, LLC
Agent: Aaron Green
Filed Address: 2327 North Belt Highway, Suite A, St. Joseph, MO 64506
Telephone Number: 816-273-6950
Electronic Mail Address: [email protected]

To help expedite contact regarding alleged copyright infringement, we recommend that in addition to following the requirements of the Digital Millennium Copyright Act, you E-Mail [email protected] the following information to us:

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf

Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

10. This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Missouri.

11. JoshuaKennon.com frequently links to affiliate programs, including Amazon.com, and may earn affiliate income in the form of sales commissions, marketing fees, royalties, rebates, and points.  You agree that neither Joshua Kennon, JoshuaKennon.com, Kennon & Green Press, LLC, nor Kennon Green Enterprises, LLC guarantees the suitability, warrantability, quality, price, functionality, or safety of any products or services offered by and sold through affiliate relationships; you agree to hold them, as well their affiliates, authors, contributors, and owners harmless from any negative consequences or harm arising from the purchase or use of such products and services.  

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