Disclaimer

The opinions, views, statements, and other content created and expressed by Brian Shumate on www.brianshumate.com ("the website") are solely those of Brian Shumate, and do not represent the opinions or views of Brian Shumate's employer or any entity with which Brian Shumate may be associated.

Terms and Conditions of Use

These Terms and Conditions of Use apply to you when you view, access or otherwise use the website located at www.brianshumate.com (the "website"). The website is owned by Brian Shumate. Brian Shumate grants you a nonexclusive, nontransferable, limited right to access, use and display the website and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.

1. Copyright Notice. All materials and software published on or used on the website are protected by copyright, and are owned or controlled by or licensed to Brian Shumate, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.

You may download any downloadable materials displayed on the website only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials: © Copyright 2009 Brian Shumate. All rights reserved.

All use subject to Terms and Conditions of Use set forth here.

2. Copyright Notification. Brian Shumate respects the intellectual property rights of others. Upon proper notice, Brian Shumate will remove user posted comments, posts, messages, or other submissions on or to the website that violate copyright law, or suspend access to the website (or any portion thereof) to any user who repeatedly uses the website in violation of copyright law. Pursuant to 17 U.S.C. § 512, Brian Shumate has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been used in a way that constitutes copyright infringement, please send Brian Shumate a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit Brian Shumate to locate the material on the website;

(c) information reasonably sufficient to permit Brian Shumate to contact you, such as an address, telephone number, and, if available, an e-mail address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature. Please provide me with a notice that includes all of the above enumerated information ("Notice of Infringement") and mail it to: Brian Shumate PO Box 105 Boone, North Carolina, USA 28607 By submitting a Notice of Infringement, you acknowledge and agree that Brian Shumate may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.

3. Commercial Use of Brian Shumate website Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the Brian Shumate website for commercial purposes is prohibited without the express written permission of Brian Shumate. Any use, reproduction, or distribution of material on this website which constitutes the personal information, property, or photograph or other depiction of Brian Shumate may also be subject to state and federal privacy and other laws requiring the specific written consent of Brian Shumate.

To obtain permission to copy portions of this website, please send email to brian [at] brianshumate [dot] com and provide the following information in the body of the email:

• the content you wish to use; (including URL)
• where, when and how it will be used (for example, a seminar, newsletter or news article);
• where and how copies will be distributed and to what audience;
• how many copies will be produced and distributed;
• what other materials will be associated with the Brian Shumate website content; and
• your name, title, company, address, email address and phone number.

Brian Shumate will evaluate and respond to your request as soon as possible, and reserves the right to refuse permission to copy, distribute, broadcast, or publish any copyrighted material, including text and images on our website.

4. Links to Other Blogs, websites and/or Materials. Links may appear on the website that may be used to link to other websites. These links are provided solely as a courtesy to website visitors. Brian Shumate has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. Brian Shumate is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Brian Shumate reserves the right to terminate any link at any time.

5. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the website in any way. Unauthorized use or modification of any information stored on the website may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the website for anything other than a lawful and legitimate purpose. You agree not to use the website to carry out any unauthorized alteration of any data or information on the website or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity.

You shall not restrict or inhibit any other user from using and enjoying any service conducted on the website. The website is not intended for use by anyone under the age of 19. Brian Shumate reserves the right to limit or deny your access to the website or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which Brian Shumate in his sole discretion deems unlawful, offensive, threatening, abusive or potentially harmful or malicious.

6. Modification of Terms and Conditions of Use. Brian Shumate reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the website constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

7. Email May Not Be Used to Provide Notice. Communications made through the website's e-mail and messaging system shall in no way be deemed to constitute legal notice to Brian Shumate such as where notice to Brian Shumate is required by contract, or any federal, state or local laws, rules or regulations.

8. Disclaimer; Limitation of Damages. (a) Brian Shumate expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this website as a result of your use of this website, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this website. THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Brian Shumate MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. (b) USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.

9. Applicable Laws; Venue. Brian Shumate operates the website from a web hosting provider located in North Carolina, United States of America, and makes no representations that materials in the website are appropriate or available for use in other locations. The display of the website alone does not subject Brian Shumate to any specific jurisdiction. Access to the website from any territory where the content is illegal is prohibited. If you choose to access the website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the website materials in violation of U.S. export laws and regulations.

Any claim related to the use of the website or to the website materials shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this website shall be filed only in the appropriate state or federal court located within the State of North Carolina. The access, viewing or use of this website constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of North Carolina for purposes of such actions.

Last updated: 10-25-2009