Terms Of Use
Website Terms Of Use
Effective: 11/22/2024
Jonathan Stinson's website located at https://jrwsportfolio.com and all subdomains of the website is a copyrighted work belonging to Jonathan Stinson. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. BY USING THE SITE OR OUR SUBDOMAINS, YOU AGREE TO BE BOUND BY THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY USE THE SITE IF YOU ARE OVER 13 YEARS OF AGE AND YOU HAVE RECEIVED PARENT OR GUARDIAN CONSENT. IF YOU DISAGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT USE THE SITE OR ANY OF THE SUBDOMAINS OF THE WEBSITE.
For U.S. Users, the Website Terms of Use outlines how disputes between you and Jonathan Stinson will be resolved. Specifically, these Terms contain A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER. THIS MEANS THAT YOU GIVE UP THE RIGHT TO BRING AN ACTION IN COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION.
1. Access to the Site
1.1 Subject to these Terms. Jonathan Stinson grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof. Jonathan Stinson reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Jonathan Stinson will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part.
1.3 No Support or Maintenance. You agree that Jonathan Stinson will have no obligation to provide you with any support in connection with the Site.
1.4 Ownership. You are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Jonathan Stinson or Jonathan Stinson's suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 1.1 and Section 1.2. Jonathan Stinson and its suppliers reserve all rights not granted in these Terms.
1.5 Account. In order to use some features of the website, you will need to register and create an account. Creating an account is optional. When registering for a personal account, you will be asked to provide certain personal information, such as your email address, name, and country. You are responsible for keeping your password secret and your account secure. You are solely responsible for any use of your account, even if your account is used by another person. We may permanently or temporarily terminate or suspend your access or account to the site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
1.6 Age. The website is intended only for access and use by individuals at least thirteen (13) years old. By accessing or using the Service, you warrant and represent that you are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least thirteen (13) years old, you are prohibited from both accessing and using the site.
2. Third-Party Links, Cookies, and Ads
2.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Jonathan Stinson, and Jonathan Stinson is not responsible for any Third-Party Links & Ads. Jonathan Stinson provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
2.2 Cookies and Web Beacons. Like any other website, Jonathan Stinson's site uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
2.3 Google DoubleClick DART Cookie. Google is one of the third-party vendors on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to this site and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
3. Disclaimers
The site is provided on an "as-is" and "as available" basis, and Jonathan Stinson and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
4. Limitation on Liability
4.1 Liability. To the maximum extent permitted by law, in no event shall Jonathan Stinson or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if Jonathan Stinson has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
4.2 Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site (and/or subdomains) will terminate immediately. Jonathan Stinson will not have any liability whatsoever to you for any termination of your rights under these Terms.
5. Disputes
5.1 Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Jonathan Stinson's receipt of Notice from you. This does not apply to any Dispute that Jonathan Stinson has with You.
5.2 Contact. You can reach out to Jonathan Stinson by emailing hello@jrwsportfolio.com or using the contact form.
5.3 Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Jonathan Stinson, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Jonathan Stinson may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. You may request that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
The American Arbitration Association (“AAA”) will run the arbitration between you and Jonathan Stinson, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Jonathan Stinson both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Jonathan Stinson. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Jpnathan Stinson further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
5.4 Jonathan Stinson's Disputes Against You. In Jonathan Stinson’s sole judgment, it may choose to initiate arbitration proceedings as set forth above or it may opt to immediately file a lawsuit against You. If such is the case, you agree to be subject to the jurisdiction in the Northern District of Illinois and agree to accept service of process.
6. Miscellaneous
6.1 Changes to the terms. These Terms are subject to occasional revision. Any changes to these Terms will be effective thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6.2 Export Laws. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Jonathan Stinson, or any products utilizing such data, in violation of the United States export laws or regulations.
6.3 Electronic Communications. The communications between you and Jonathan Stinson use electronic means, whether you use the Site or send us emails, or whether Jonathan Stinsons posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Jonathan Stinson in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Jonathan Stinson provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
6.4 Entire Terms. These Terms constitute the entire agreement between you and Jonathan Stinson regarding the use of the Site (and/or the subdomains of the site). Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Jonathan Stinson is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Jonathan Stinson's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Jonathan Stinson may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
6.5 Your Privacy. Please read our Privacy Policy.
6.6 Micellaneous. You hereby release and forever discharge Jonathan Stinson and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. The controlling language of these Terms of Service is in English.
6.7 Governing Law. These Terms shall be governed and construed in accordance with the laws of Illinois, which governing law applies to agreement without regard to its conflict of law provisions.
6.8 Copyright. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@jrwsportfolio.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
6.9 Contact. Please email hello@jrwsportfolio.com for any questions or use the contact form on our website.