Terms of Use

Terms and Conditions of Use

Welcome to Neither Red nor Blue (NRNB), which is Jefferson Flanders’ blog website (“Site”).

Use of this Site is offered to you on your acceptance of these Terms of Use, its Privacy Policy and other notices posted on this Site. Your use of this Site or of any content presented in any and all areas of the Site indicates your acknowledgment and agreement to these Terms of Use, its Privacy Policy and other notices posted on this Site and constitute a legal agreement (“Agreement”) between you and Jefferson Flanders.

By using/visiting the Site, you agree to be bound by this Agreement. You are only authorized to access this Site or to use the materials and services contained in the Site if you agree to abide by all applicable laws and to this Agreement.

Please read this Agreement carefully and if you do not agree with it, you should leave this Site immediately.

Jefferson Flanders reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

Copyright, Access and Use

All materials contained in this Site are protected by international copyright laws and must only be used for personal, non-commercial purposes.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of Jefferson Flanders. Requests for permission to reproduce or distribute materials found on this Site can be made by email at: contact @jeffersonflanders.com.

If Neither Red nor Blue has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Jefferson Flanders or NRNB is connected with, operates or controls these websites.

Posted Content

You agree that any messages, posts or other material whatsoever posted by you to the public areas of the Site (“Content”) becomes the property of NRNB and Jefferson Flanders and may be used, copied, sub-licensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted as Jefferson Flanders sees fit. You represent and warrant that: (1) you own the Content posted by you on the Site, (2) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (3) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the site.

Jefferson Flanders does not endorse and has no control over the Content submitted by others to the Site. Content submitted to the Site is not necessarily reviewed by Jefferson Flanders prior to posting and does not necessarily reflect his opinions. Jefferson Flanders reserves the right to prevent you from submitting Content to the Site and to edit, restrict or remove such Content for any reason at any time.

Jefferson Flanders assumes no responsibility for actively monitoring the Site for inappropriate Content. If, at any time Flanders chooses, in his sole discretion, to monitor the Site, he nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.

You agree that Jefferson Flanders accepts no liability whatsoever if he determines to prevent your Content from being submitted or if he edits, restricts or removes your Content. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree to release Jefferson Flanders from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using it.

Copyright Infringement

If you believe that any material contained in this Site infringes your copyright, you should notify this Site’s Designated Agent who is:

Mr. Jefferson Flanders
Email: contact@jeffersonflanders.com

Flanders will review notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Disclaimer of Liability and Warranties

You agree that you use this Site and rely on material/content contained in this Site at your own risk. The Site, and all materials/content in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Jefferson Flanders does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that Jefferson Flanders is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that Flanders is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that Flanders is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

You agree to defend, indemnify and hold harmless Flanders against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, proprietary or other rights of third parties.

Termination

Jefferson Flanders reserves the right to immediately terminate your use of, or access to, this Site at any time if he decides at his sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Flanders considers to be inappropriate or unacceptable.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

All Copyrights © 2008 Jefferson Flanders.
All rights reserved.

Use of this Site assumes acceptance of the Terms of Use.