Terms of use updated January 2021

Introduction and Acceptance of Terms of Use

The David James Agency LLC offers you a wide range of content, communication tools, forums, and information ("Materials") via this website. By accessing and/or using this website, you accept  and agree to comply with all of the terms and conditions stated below ("Terms of Use"), which The David James Agency LLC may amend or update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that The David James Agency LLC may, at its sole discretion, terminate your access to this website at any time without notice.

Limited Right to Use

This website is owned and operated by The David James Agency LLC. Unless otherwise specified, all Materials on this website are the property of or licensed by others to The David James Agency LLC and are protected by the copyright laws of the United States of America and throughout the world by the applicable copyright laws. You may view, print and/or download one copy of the Materials from this website on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials on this website may, in whole or in part, be copied, reproduced, modified, republished, uploaded, posted, displayed, transmitted, or distributed in any form or by any means without prior written permission from The David James Agency LLC. The use of any such Materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Communications  

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to The David James Agency LLC ("Feedback") will be deemed, at the time of communication to The David James Agency LLC, the property of The David James Agency LLC, and The David James Agency LLC shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation or attribution to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party’s intellectual or privacy rights.

Monitoring

Although The David James Agency LLC is not obligated to do so, it will have the right to review your communications on this website to determine whether you comply with our Terms of Use. The David James Agency LLC will not have any liability or responsibility for the content of any communications you post to this website, or for any errors or violations of any laws or regulations by you. The David James Agency LLC will comply with any court order in disclosing the identity of any person posting communications on this website. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this website, you will also be subject to their privacy policies.

Links to Other Sites

Any linked sites are not under the control of The David James Agency LLC, and The David James Agency LLC is not responsible for the content of any linked site or any link contained in a linked site. The David James Agency LLC reserves the right to terminate any link at any time. The David James Agency LLC may provide links from this website to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this website, you do this entirely at your own risk. THE DAVID JAMES AGENCY LLC DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY SUCH LINKS AND LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY LINK OR THE CONTENT OF ANY LINKED SITE.

Trademarks

The trademarks, service marks and logos of The David James Agency LLC and others used in this website ("Trademarks") are the property of The David James Agency LLC and/or their respective owners and/or licensees. You have no right to use any such Trademarks, and nothing contained in this website or these Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of The David James Agency LLC or the respective owner(s) and/or licensee(s).

Indemnity

By accessing and/or using this website, you agree to indemnify, defend and hold harmless The David James Agency LLC and its managers, members, employees, agents and representatives from and against any and all claims, demands, causes of action, suits, orders, directives, liabilities, damages, losses, expenses (including reasonable attorney's fees and costs) and judgments arising out of, based on or in connection with (i) your accessing and/or use of this website, and/or (ii) your failure to comply with these Terms of Use.

Limitation of Liability

IN NO EVENT SHALL THE DAVID JAMES AGENCY LLC OR ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES BASED ON YOUR ACCESSING OR USE OF THIS WEBSITE, OR YOUR USE OF OR RELIANCE ON ANY OF THE MATERIALS, ANY LINKS AND/OR ANY LINKED CONTENT (INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY LINKED SITE, AND DAMAGES RESULTING FROM USE OF OR RELIANCE ON MATERIALS PRESENTED ON THIS WEBSITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF THE DAVID JAMES AGENCY LLC OR ITS MANGERS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

The David James Agency LLC assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this website or accessible via a link from this website. You should not assume that the Materials on, or accessible via a link from, this website are continuously updated or otherwise contain current information. The David James Agency LLC is not responsible for supplying content or materials from the website that have expired or have been removed. THE MATERIALS PROVIDED AT, OR AVAILABLE VIA A LINK FROM, THIS WEBSITE ARE PROVIDED "AS IS," AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY DISCLAIMED AND EXCLUDED.

Applicable Laws / Venue

These Terms of Use are governed by the laws of the State of California, United States of America, without regard to the conflicts of law provisions of any other jurisdiction.  By accessing and/or using this website, you irrevocably submit to the exclusive jurisdiction of the federal and state courts in Fairfax County, Virginia for determining, resolving or adjudicating any controversy, claim or dispute concerning, arising out of or concerning these Terms of Use and/or your accessing this website.

General

If you have any questions regarding these Terms of Use, please contact [email protected].

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