a DEEP Breath...
Please read this carefully before accessing the website for Andy Schmitt and any section within (the "Site"). By using the Site you will be deemed to have accepted the terms and conditions that appear below.
The site is owned and operated by AAndy LLC.
If you have any questions, please contact webmaster@Andy Schmitt.
These Terms were last updated on 14 June 2001.
There is no specific time limit applying to your access and use of the Sites on these Terms. However, Andy Schmitt reserves the right to suspend or terminate access and use of the Sites at any time. He may exercise this right with or without notice. If applicable, notice will be given to your e-mail address as notified to Andy Schmitt.
Use of content
All material on the Site and news by email (the "Content") belongs to Andy Schmitt or its licensors, with the exception of images which are the copyright of the author. You may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, noncommercial use.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Andy Schmitt:
· redistribute any of the Content (including by using it as part of any library, archive or similar service);
· remove the copyright notice from any copies of Content made under these Terms;
· create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
News by e-mail
Andy Schmitt may give you the option to subscribe to email news services. Your use of the Content received through the email news services will be subject to these Terms.
Limitation of liability and disclaimer
The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Andy Schmitt and is not intended to be relied upon by users without first taking specialized independent advice. Any arrangements made between you and any third party named on the Site are at your sole risk and responsibility.
ANDY SCHMITT DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITES. IN PARTICULAR, THE SITES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND ANDY SCHMITT DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITES OR ANY CONTENT. ALL IMPLIED WARRANTIES ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. ADDITIONALLY, ANDY SCHMITT MAKES NO WARRANTY THAT THE SITES ARE YEAR 2000 COMPLIANT OR FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
ANDY SCHMITT WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS) ARISING IN CONTRACT, TORT OR OTHERWISE FROM YOUR USE OR INABILITY TO USE THE SITES OR ANY CONTENT OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING THE SITES OR ANY CONTENT.
The Site contains links to other World Wide Web Site, either directly or through frames and, where possible, we will make clear where such links are being made. Those Site are provided by independent third parties and Andy Schmitt is not responsible for their availability or content.
Unless you have indicated on the email requesting inclusion on the email list or order form that you do not wish to receive direct communications, your personal details may be included on a database compiled to enable direct communications between Andy Schmitt and yourself. From time to time you may receive direct communications from Andy Schmitt but we do not sell or pass your details on to third parties.
If you have not indicated that you do not wish to receive direct marketing material, but change your mind about this, you should notify webmaster@Andy Schmitt. As soon as is reasonably practicable, Andy Schmitt will remove your name from the direct mailing database.
Changes to these terms
Andy Schmitt reserves the right, at his discretion, to make changes to any parts of the Sites. Due to his policy of updating and improving the Site, Andy Schmitt may wish to change these Terms (including those relating to your use of the Content). When terms are changed, Andy Schmitt will publish details of those changes by including them at the end of these Terms (see "Changes to these Terms").
If you use the Sites after Andy Schmitt has published the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Sites any further after they are published at the end of these Terms or after you receive notice of them.
Advertising and sponsorship
Parts of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. Andy Schmitt will not be responsible for any error or inaccuracy in advertising material.
Competitions and prize drawing
From time to time Andy Schmitt may run competitions, free prize draws and promotions on the Sites. These are subject to additional terms that will be made available at the time of such competitions.
Choice of law and jurisdiction
These Terms shall be governed by, and construed in accordance with, New Jersey (USA) law. The parties irrevocably agree that the courts of New Jersey (USA) shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the New Jersey (USA) courts.
For the exclusive benefit of Andy Schmitt, Andy Schmitt shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have no legal meaning or effect.
Shakespeare was right
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