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Terms & Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the wnugent.com website (the “Service”) operated by Wes Nugent (“him”, “he”, “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.

Warranties

The Service is available “as is.” We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Service or available though links in the Service.

If you rely on the Service and any materials available through the Service, you do so solely at your own risk. Wes Nugent and affiliates, and their directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to the Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Service. Any claim against us shall be limited to the amount you paid, if any, for use of the Service.

Further, any forward-looking statements that may be offered are provided without warranty. Please read our Forward-Looking Statements Disclaimer for complete information.

Intellectual Property

Unless otherwise noted, all text, content and documents on the website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Service, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works the Service (the “Content”) are owned by us (or our affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Wes Nugent and you, all right, title and interest in and to the Content will at all times remain with Wes Nugent and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Service, are registered and/or common law trade names, trademarks or service marks of Wes Nugent.

Information, News and Press Releases

This website contains information, news and/or press releases about Wes Nugent and our affiliates. While this information was believed to be accurate as of the date it was prepared, Wes Nugent disclaims any duty or obligation to update this information, news or any press releases.

Limited Use; Restrictions on Use

You are permitted to use the Content and/or any services and products on the Service for lawful purposes as provided in the Terms only; any other use or misuse of any Content is strictly prohibited. Wes Nugent grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sub-license, under the following conditions: you shall not, without our express written consent:

(a) copy, re-transmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content,

(b) use any trade name, trademark, or brand name of Wes Nugent in meta-tags, keywords and/or hidden text,

(c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and

(d) use the Service, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Wes Nugent, the Owner, or any third party referenced therein.

Wes Nugent reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Service shall be construed as conferring any license under Wes Nugent’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.

Notwithstanding anything herein to the contrary, Wes Nugent may revoke any of the foregoing rights and/or your access to the Service, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

No Framing; Links; Third Party Website

Framing, inline linking or other methods of association with the website are expressly prohibited without prior written approval from Wes Nugent.

Social Media Websites and Third Party Links

From time to time, the Service may include features and functionality that allow you to interact with other websites that are not under our control (“Linked Websites”), including various social media websites (“Social Media Websites”). Wes Nugent provides these features, functionality and links to you only as a convenience and does not endorse any Linked Websites or Social Media Websites.

Wes Nugent is not responsible for the contents or transmission of any Linked Websites or Social Media Websites or for the terms of use or privacy practices of any Linked Websites or Social Media Websites. You should carefully read the policies of any website you visit.

Also, in the event that you use any Social Media Website to comment upon Wes Nugent or any related works, you agree that you will always clearly and conspicuously disclose any material connection you have with us (if any) or any consideration you may receive from us in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Wes Nugent or any related works on any Social Media Website regardless of any material connection you may have with us or your receipt of any consideration.

IF YOU MAKE ANY CLAIM REGARDING Wes Nugent OR ANY RELATED WORKS ON A SOCIAL MEDIA WEBSITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT Wes Nugent, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

Privacy

This website may use cookies and other technologies that help us to deliver the Service. By using the Service you agree to our Policy. Read our complete Privacy Policy to understand what technologies are used, what user information is collected and how it may be used.

Confidentiality

All content, including any presentations, web pages, email, videos, chat dialogue, transcripts, attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. Read our complete Confidentiality Disclaimer.

Digital Millennium Copyright Act

Wes Nugent is committed to respecting and protecting the legal rights of copyright owners. As such, this website adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to our designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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 the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Our Copyright Agent to receive DMCA Takedown Notices is: info@wnugent.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable links posted on the website. You acknowledge that in order for Wes Nugent to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

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.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of West Virginia, United States, without regard to its conflict of law provisions.

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 the Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wes Nugent without restriction.

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 15 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 the 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.

Miscellaneous

Wes Nugent’s failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact

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