Terms and Conditions

Last updated: November 14, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://jamesdelong.com website (the “Service”) operated by James Delong (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Eligibility and Accounts

You must be at least 18 years old to use the Services. You represent and warrant that your registration and use of the Services complies with all applicable laws and regulations. Accounts are non-transferrable. You are responsible for maintaining account security and must promptly report any unauthorized use.

 

Services and Order Placement

Services are subject to availability. The Company may modify, suspend, or discontinue any Services with or without notice. Placing an order through the website creates a binding agreement subject to Company acceptance. The Company may require additional verification or information to accept an order.

 

Payment and Fees

You are responsible for all fees, taxes, and other charges associated with your account. All sales are final unless required by law. You authorize the Company to charge your payment method on file for fees owed. Outstanding balances must be paid before your account can be reactivated.

 

Cancellation and Refunds

Request for cancellations or refunds must comply with Company policies. Instructions can be found in your account settings.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of James Delong and its licensors.

Acceptable Use

You agree not to misuse the Services in any way that violates laws, third party rights, or the Terms. Examples include transmitting viruses, infringing content, harassing others, disrupting Services, circumventing security, etc. Violations may result in account termination.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by James Delong.

James Delong has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that James Delong shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

THE SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY IS NOT LIABLE FOR ANY LOSS OF DATA, SECURITY BREACHES, OR DAMAGE RELATED TO USE OF THE SERVICES.

Limitation of Liability

THE COMPANY AND ITS EMPLOYEES, OFFICERS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES.

 

Indemnification

You agree to fully indemnify, defend and hold harmless the Company and its employees, officers and agents from and against any and all claims, damages, losses and expenses related to: (a) your use of the Services; (b) any content you submit; (c) your violation of these Terms; and (d) your violation of any rights of another.

Modifications

The Company reserves the right to modify these Terms at any time by posting revised terms on the website. Your continued use after revised Terms are posted constitutes acceptance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.  You hereby consent and submit to the exclusive jurisdiction of the state and federal courts located in FL for any dispute related to your use of the Services or these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.