PLEASE REVIEW THIS END USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“USER” OR “YOU”) AND THE BLOG www.customerfacingengineer.com (“CFE”, “SITE”, “OUR” OR “WE”) AND ITS OWNER SCOTT SCHWARZ (“OWNER”) WITH RESPECT TO THE USE OF CFE’S SERVICES (“SERVICES”). BY USING OUR SERVICES OR, SITE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN OR AS AMENDED FROM TIME TO TIME BY CFE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.
1. Services. The Site is created to assist information technology workers overcome the emotional obstacles involved in interacting with customers. The Site contains posts, commentary, links, logos and other information of the Owner. Users may publish posts, links, suggestions and comments that will be displayed on the Site. All information displayed on the Site, whether published by the Owner or a User, is Site content (“Content”).
All Content provided on this Site is for informational purposes only. The Owner is not a therapist, counselor or licensed mental health provider. As such nothing on the Site is not intended to be or to take the place of the professional advice of a therapist, counselor or other other licensed mental health professional. The Content posted by the Owner are his opinions only and are not the opinions, policy or instruction of any past or present employer. The Owner makes no representations as to the accuracy or completeness of any information on this site or found by following any links on this site. The Owner will not be liable for any errors or omissions in this information nor for the availability of this information. The Owner will not be liable for any losses, injuries, or damages from the display or use of this information.
CFE will not be liable for any content or interaction between You or other Users of the Site. CFE is under no obligation to become involved in disputes between You and other Users. This includes, but is not limited to, slander, libel, any material displayed in the Content, any comments, statements or replies to the Content, disputes over ownership of the Content, delivery of Services, or any other terms, conditions, warranties or representations associated with the Content on CFE. Users who find any Content objectionable or offensive should not view the Content or use our Services. CFE is not responsible for the Content posted by a User. CFE does not edit or censor any Content posted by a User and is not responsible for any damage or losses incurred as a result of the publication of any Content. However, CFE reserves the right to remove any Content or cancel any User’s access to the Site at anytime for any reason.
By using our Service You agree to release CFE, its Owner and any agents and successors from any claims, damages and demands, whether known or unknown, arising out of or related to use of the Content or our Services.
2. User Content. CFE welcomes and encourages comments from Users on the Site. All such postings, links or comments by Users are considered “User Content”. You are solely responsible for your User Content that you upload, post, display or otherwise make available on this Service. By submitting such content, You represent and warrant that You are the owner of such content or have the permission of the owner of such content. You agree that CFE is only a passive conduit for your online distribution and publication of User Content.
You agree not to post content that (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or content that you know is not correct and current or (viii) contains material that we deem to be solely marketing or advertising. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. CFE reserves the right, in its sole discretion, to remove any content that violates these provisions. Further. CFE may delete or deactivate your account, block your email or IP address, or otherwise terminate your access to the service immediately and without notice, for any User that is found to be violating these provisions.
CFE does not have any control over or endorse User Content. CFE does not and cannot guarantee the authenticity of User Content. You use this Service at their own discretion and are solely responsible for any damage or loss resulting said use.
3. Licenses. By posting any User Content, You represent and warrant to CFE that you have the right to grant to CFE a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use your User Content in any way, form or part, whether known or hereinafter developed for use in connection with the Service.
Under the terms of this Agreement, You are granted a non-exclusive license to use the Service. CFE reserves the right to revoke and terminate this license at any time.
4. Proprietary Rights. All Content posted on the Site becomes the property of CFE. All comments, suggestions, feedback, questions, or ideas that you send to the Owner via email become property of CFE. All other material on the Site, including but not limited to, software, texts, graphics, images, logos, patents, trademarks, service marks, copyrights, photographs, audios and videos and all intellectual property rights related thereto are the sole property of CFE. Unless otherwise provided in this Agreement, this Agreement shall not be deemed to create a license in or under such intellectual property, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative materials or content from this Service.
6. DMCA Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Bluehost.com, the hosting company for the Site. For your complaint to be valid under the DMCA, you must provide Bluehost.com with the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit CFE to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information may be emailed to Bluehost at firstname.lastname@example.org. If you do not receive a response to your email from Bluehost, submit a duplicate of the above information to Bluehost, ATTN: Legal Department, 560 E Timpanogos Pkwy, Building G, Orem UT 84097 or by fax to 801-765-1992.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
7. User Representations. You represent that you are eighteen (18) years of age or older. If you are under 18, you must be at least 13 years of age or older and possess legal parental or guardian consent or are a emancipated minor and are fully able and competent to enter into terms, conditions, obligations, affirmations, representations and warranties as set forth in this Agreement and are able to abide by this Agreement. If you are not at least 13 years of age, you are not allowed to use our Services. Further, You represent that You have the written consent of each and every person whose content You are using and you have their permission to use their name and likeness as described in this Agreement, and those people have released You from liability for such use. Further, You represent that your User Content and CFE’s use thereof, under this Agreement, will not infringe on the intellectual property rights or any other rights of third parties.
8. Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AND IS TO BE USED ON A “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ARE USING THIS SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CFE DOES NOT WARRANT THE CONTENT IS CORRECT OR RELIABLE; THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE IS SECURE OR THAT THE SERVICE IS FREE OF DEFECTS, ERRORS, HARMFUL COMPONENTS OR VIRUSES. ANY CONTENT ACCESSED OR DOWNLOADED FROM THIS SITE IS DONE AT YOUR OWN RISK. CFE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA AS A RESULT OF USE OR DOWNLOADING FROM THIS SERVICE.
9. Indemnification. You agree to indemnify, defend and hold harmless CFE, and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising from: (i) your act(s) or omission(s); (ii) your violation of any applicable law, including, without limitation, the United States CAN SPAM Act and Canada’s Fighting Internet and Wireless Spam Act; (iii) your breach of any term or condition set forth in this Agreement; (iv) your breach of any of representation(s) or warranties set forth herein; and/or (v) your infringement or misappropriation of any intellectual property rights or other rights of any person or entity.
10. Limitation of Liability. In no event will CFE or any of its representatives be liable to a User or any other party for any special, direct, indirect, incidental, exemplary, consequential or punitive damages arising from or related to the service or to this Agreement. No claim may be asserted by You against CFE more than twelve (12) months after the date of the cause of action underlying such claim. In the event of any failure, or CFE’s non-provision, of the Services, User’s sole and exclusive remedy shall be for CFE to use commercially reasonable efforts to repair or provide the Services.
A. Governing Law. This Agreement will be governed by the laws of the State of Massachusetts as applied to agreements entered into and performed, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
B. Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the International Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in the State of Massachusetts. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, CFE shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Massachusetts, to which jurisdiction, for such purpose, You hereby irrevocably consent.
C. Relationship. This Agreement does not create a partnership, joint venture or agency relationship between CFE and User. A User does not have any right, power, or authority to act as a legal representative of CFE.
D. Assignment. Users may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of CFE. Any such transfer, assignment, sublicense or delegation without consent will be null and void.
E. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
F. Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
G. Entire Agreement. This Agreement, as amended from time to time by CFE, constitutes the entire agreement and understanding between You and CFE and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the CFE and User.
H. No Waivers. CFE failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
I. Notice. CFE may provide a User with general notice by electronic mail to User’s e-mail address of record, or by written communication sent by first class mail or pre-paid post to User’s address of record, or to such other address designated by User and communicated to CFE in accordance with the notice delivery provisions stated above. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, User must give notice to CFE (such notice shall be deemed given when received by CFE) by sending an email to email@example.com.