Terms of service

The following terms and conditions govern your use of the mjfeldy.com website and all content, services, software, and products available through these websites (taken together, the Website). The Website is owned and operated by MJFELDY LLC (mjfeldy”). The Website is offered subject to your acceptance of all of the following terms and conditions contained herein and all other policies and procedures that may be published from time to time on this Website by mjfeldy (collectively, the “Agreement”). Please read this Agreement carefully before accessing or continuing to use the Website. By accessing or using the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, or any other services provided by mjfeldy. If these terms and conditions are considered an offer by mjfeldy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Responsibility of Uploads

If you upload material to the Website, share with others material you created on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, images, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;

2. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Without limiting any of those representations or warranties, mjfeldy has the right (though not the obligation) to, in mjfeldy's sole discretion (i) refuse or remove any content that, in mjfeldy's reasonable opinion, violates any mjfeldy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in mjfeldy's sole discretion. mjfeldy will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal

General Terms. By selecting a product or service, you agree to pay mjfeldy the one-time fee indicated (additional payment terms may be included in other communications). Payments are not refundable.

4. Responsibility of Website Visitors

mjfeldy has not reviewed, and cannot review, all of the material, including computer software, uploaded to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, mjfeldy does not represent or imply that it endorses the material there uploaded, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. mjfeldy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there uploaded.

5. Changes

mjfeldy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. If we decide to change our terms and conditions, we will post those changes on this page. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. mjfeldy may also (but does not guarantee), in the future, offer new services and/or features through the Website (including, the release of new tools, features and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

6. Disclaimer of Warranties

The Website is provided “as is”. mjfeldy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither mjfeldy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

7. Limitation of Liability

In no event will mjfeldy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to mjfeldy under this agreement during the twelve (12) month period prior to the cause of action. mjfeldy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

8. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the mjfeldy Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

9. Indemnification

You agree to indemnify and hold harmless mjfeldy, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

10. Miscellaneous

This Agreement constitutes the entire agreement between mjfeldy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of mjfeldy, or by the posting by mjfeldy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of The United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Omaha, Nebraska, United States. This License Agreement shall not be governed by the UN Convention on contracts for the international sale of goods (CISG). Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Omaha, Nebraska, The United States of America, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; mjfeldy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. This document is CC-BY-SA. It was last updated August 15th, 2024.