Revision date: April 8, 2021
The SumEsEst.com domain name and content (“website”) are owned by nowhere LLC (“we” or “us”), hosted by Bluehost, and built using WordPress. Please read these Terms of Use carefully before accessing or using our this website. By accessing or using any part of this website, you agree to be bound by all of the Terms of Use, as they may be updated from time to time.
Minimum Age
This website is not directed to children, so you must be at least 13 years old (or 16 in Europe) to use this site. By using this website, you represent that you’re at least 13 (or 16 in Europe). If you are not 13 years old (or 16 in Europe), please immediately cease using this website.
Acceptable Use
You are solely responsible and liable for your activity on and through this site, such as making comments or sending messages using the Contact Me form. Please be aware that this website, including any comments you post here, can be read by the general public and may be discoverable and/or searchable through online search engines and similar services; therefore, you acknowledge and agree that we are not liable for any acts or omissions by you relating to this website, including any damages of any kind incurred as a result of your acts or omissions.
You agree that you will behave in a civil and lawful manner when using this website and that you will not engage in activities on this site that are uncivil, harassing, unlawful, obscene, threatening, libellous, deceptive, fraudulent, invasive of another’s privacy, defamatory of any person or illegal. By way of example (but without limitation), you agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the website to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the website or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the website, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the website for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services. We reserve the right, in our sole discretion, to determine whether your use of this website violates these Acceptable Use guidelines.
Usage Rights; Intellectual Property Rights
You may use this website and the SumEsEst.com Content (as defined below) for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction relating to the site or content. You may not use any SumEsEst.com Content for any other purpose without our prior written approval, which we may withhold or condition in our sole discretion.
You acknowledge that, as between nowhere LLC and you, except for user content and third party content (as discussed below), nowhere LLC is the sole owner of all content on this website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on this website (“SumEsEst.com Content”). This website and the SumEsEst.com Content are protected by the copyright laws and other intellectual property laws of the the United States.
This website may include content from third parties (“Third Party Content”). Third Party Content is owned by its respective creators and may be protected by copyright and other intellectual property of the United States and/or other countries, and your use of Third Party Content is subject to the terms and condition of its respective owners. We make no ownership or other proprietary rights claims regarding any Third Party Content on this website.
You acknowledge and agree that when you post content on this website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of nowhere LLC, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the website. However, we reserve the right to do so at our sole discretion, and we may remove content that violates applicable law or these Terms of Use at any time.
You warrant that the content you submit to this website does not infringe any confidentiality, patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. When you submit content to this website (including through comments), you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the website, or that you otherwise have the right to submit that content to the website.
By submitting content to this website, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented. In addition, if you submit any ideas, concepts, suggestions or know-how (“Ideas”) to this website, you acknowledge and agree that the Ideas shall be deemed non-confidential, and we may use such the Ideas for any purpose whatsoever, without limitation.
DMCA Notice
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on this website infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
nowhere LLC’s designated copyright agent to receive notifications of claimed infringement is: john@johnmccanlaw.com, 127 Alfred Drown Road, Barrington, RI 02806. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Enforcement
If you fail to comply with these Terms of Use, nowhere LLC reserves the right, in our sole discretion, to terminate your use of this website immediately and without notice to you. This termination right shall be in addition to any other rights and remedies available to us by law.
Changes to Terms of Use
We may change these Terms of Use from time to time at our sole discretion, and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on this website, so please ensure that you review these Terms of Use regularly. If you use this website after any revision to these Terms of Use, you will be deemed to have read and accepted the revised Terms of Use.
Indemnity
You agree to defend, indemnify, and hold harmless nowhere LLC, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these Terms of Use or the website Privacy Policy or arising out of a breach of your obligations, representation and warranties under the foregoing.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL nowhere LLC OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIS WEBSITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEBSITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF nowhere LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, nowhere LLC’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Governing Law; Jurisdiction
These terms and conditions are governed by the laws of the United States of America and the laws of the State of Rhode Island and Providence Plantations (“State of Rhode Island”). You agree that exclusive jurisdiction for any claim or dispute with nowhere LLC or relating in any way to your use of the SumEsEst.com website resides in the courts of the County of Providence, State of Rhode Island, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Providence, State of Rhode Island, in connection with any such dispute and including any claim involving nowhere LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.