# Terms and Conditions NOTE: These are my terms and conditions to demonstrate several points at once: 1. I want to be [legally safe](legal-safety.md) as a service provider and essayist. 2. I wish to [educate](education.md) people on how straightforward legality can be when parsed correctly. 3. [Legally substantial](legal-doctrines.md) information does *not* need arbitrary complexity and *can* be [designed](engineering-design.md) for ease-of-use, though law school takes enough work that [it makes sense to obfuscate it](mgmt-badsystems.md). This was parsed from selecting elements at [PrivacyPolicies.com](https://app.privacypolicies.com/) with modified language to fit my situation, then simplified. I'm not a lawyer and don't make enough money to hire one, so this represents the scope of my [risk management](safety-riskmgmt.md) for most typical use cases. Please also consult related policies of service providers I use: - LiteSpeed Cache - - WordPress - and If you wish to take any action, you must contact me first about any discrepancies between these terms and that policy, and give me enough time to take timely action. Last updated: August 2, 2025 ## Interpretation When the word's initial letter is capitalized, the word is underlined, and is not part of a hyperlink, that word has a meaning defined under the following conditions. The word will be the same meaning whether it is expressed as singular or plural. For the purposes of all following agreements: - **Account** means a unique account created for You to access any part of the Service. - **Affiliate** means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. - **Agreement** (also referred to by "Terms" and "Conditions" in this Agreement) means this Omnibus Terms and Conditions that forms the entire agreement between You and Me regarding the use of the Service. These terms are a combination of: - Disclaimer - [Privacy Policy](terms-privacy.md) - End User License Agreement - Terms and Conditions - Return Policy - **Content** refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. - **Cookies** are small files placed on Your computer, mobile device or any other device by a website, among its many uses containing the details of Your browsing history on that website. - **Country** refers to every state, municipality, and territory in the United States, except where inapplicable. It also may apply to Your national territory. In a situation representing conflicting laws, the laws of the country with the most permissive rights and privileges bestowed takes precedence. - **Dave** (also referred to by "I", "Me" or "My" in this Agreement) refers to Dave Stucky (also known as Greg Stucky) and the [legal fiction](legal-doctrines.md) declared from his birth as GREGORY DAVID STUCKY. - **Device** means any device that can access the Service such as a computer, a cellphone or a digital tablet. - **Goods** refer to the items offered for sale on the Service, but not including Performed Service. - **Orders** mean a request by You to purchase Goods from Me. - **Performed Service** means labor I have performed for You in exchange for some form of payment. - **Personal Data** is any information that relates to an identified or identifiable individual. - **Service** refers to several possible objects (also referred to as "Application" or "Website"): - A software program provided by Me downloaded by You to a Device. This can be directly through , one of My created websites, or a Third-Party Service such as an app store or online software repository. - A website directly accessible from . This does not include links to Content that is not exclusively My property (for example, advertisements) or any Third-Party Services. These websites include, but are not limited to: , , , , , and . - **Service Provider** means any natural or legal person who processes the data on behalf of Me. It refers to third-party companies or individuals employed by Me to: - To facilitate the Service. - To provide the Service on behalf of Me. - To perform services related to the Service. - To assist Me in analyzing how the Service is used. - **Third-Party Social Media Service** refers to any website or any social network website where a User can log in or create an Account to use My Service. - **Third-Party Sites And Services** (also referred to by "Third-Party Services") means any services or content (including data, information, applications and other products or services) provided by a third-party that may be displayed, included or made available by the Application. - **Usage Data** refers to data automatically collected, either generated by using the Service or from the Service infrastructure itself (for example, the duration of a page visit). - **You** (also referred to as "Your" in this Agreement) means the individual accessing or using the Service or any other legal entity acting on behalf of that individual, as applicable. ## Your Acknowledgments This is the Agreement is a legal document that operates between You and Me. It governs the use of the Service I have made available to You. This Agreement set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with this Agreement. These Conditions apply to every entity who may directly or indirectly access or use the Service. Please carefully read every section of My Agreement before using My Service. Failure to read and honor this Agreement exempts me from all liability. By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service, though you are free to contact me under the Contact Me section to dispute these Terms. By using the Service, You represent that you are over the age of consent. I do not permit those under the age of consent to use the Service, though I am under no legal obligation or capacity to enforce it, except when otherwise required explicitly by applicable law. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the [Privacy Policy](terms-privacy.md) section of this Agreement. [My Privacy Policy section](terms-privacy.md) describes My policies and procedures on the collection, use and disclosure of Your Personal Data when You use the Service and tells You about Your privacy rights and how the law protects You. By downloading or using My Application, clicking the "I Agree" button, or selecting My Website's hyperlink, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or use my Application, use my Website, or click on the "I Agree" button. Your usage of the Service provies an implicit belief that both You and I are acting in good faith. Your failure to act in good faith exempts me from any liability You may incur while using the Service. ### Translation Interpretation This Agreement may have been translated if I have made them available to You on My Service. You agree that the original English text shall prevail in the case of a dispute. ## Scope of Your License I have licensed, not sold, the Service to You for use strictly in accordance with the terms of this Agreement. The content and trademarks on my Services, unless otherwise noted, are My exclusive intellectual property. I grant You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service strictly in accordance with the terms of this Agreement. The license that I have granted You for the Service is dependent upon your purpose for your activity: 1. Your personal, non-commercial purposes: for non-commercial purposes, Your use is bound by the Creative Commons [CC0](https://creativecommons.org/publicdomain/zero/1.0/) license. You are free to reuse, republish, and reprint its content (examples include archiving, web scraping, and modifying it). This includes decrypting, reverse compiling, and reverse engineering any of My software. 2. Your personal, commercial purposes: for commercial purposes, Your use is bound by the Creative Commons [CC BY-SA](https://creativecommons.org/licenses/by-sa/4.0/). You are free to reuse, republish, and reprint its content (examples include archiving, web scraping, and modifying it), but You must honor additional limits: 1. You must attribute Me as the original creator of the work. I prefer receiving written consent first and consider it ethical, but do not require it. 2. You must provide the same CC BY-SA license upon your work to permit others to do the same. 3. You are not permitted to decrypt, reverse compile, or reverse engineer My software without My express permission. Please contact Me if you wish to do so. ## Limits on Your License If I have indicated a narrower scope elsewhere, that scope supersedes the scope of this Agreement. If the work was created in the course of Performed Service to another entity, this expresses as their intellectual property rights as well as this Agreement, subject to interpretation and the situation itself. If I use any intellectual property that is not my creative work (e.g., photos, videos), that content is subject to all applicable intellectual property laws. If My content violates intellectual property law, I am required to receive a cease and desist notification via the Contact Me section before further legal action is taken. ## Fair Use Disclaimer Within the course of working on the Service, I may use copyrighted material which has not always been specifically authorized by the copyright owner. I make such material available for criticism, comment, news reporting, teaching, scholarship, or research. I believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law. If You wish to use copyrighted material from the Service for Your own purposes that go beyond fair use, You must obtain permission from the copyright owner. If any content is in violation of this Agreement, You must contact me before taking action and I will remove the violating content from public access within My Service. ### Indemnification You agree to indemnify and hold Me and My Affiliates harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: 1. use of the Service 2. violation of this Agreement or any law or regulation 3. violation of any right of a third party. ## "As Is"/"As Available" Disclaimer The Service is provided to You "as is" and "as available", with all faults and defects, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. To the maximum extent permitted under applicable law, on My own behalf and on behalf of My Affiliates and its and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including: - All implied warranties of merchantability - Fitness for a particular purpose - Title and non-infringement - Warranties that may arise out of: - Course of dealing - Course of performance - Usage - Trade practice Without limiting the foregoing, I provide no warranty or undertaking, and make no representation or warranty of any kind that the Service or any information, content, materials, products, servers which host it, emails sent from or on My behalf, or anything else connected to the Service will: 1. Meet Your requirements 2. Achieve any intended results 3. Be compatible or work with any other software, applications, systems or services 4. Operate without interruption 5. Meet any standards of availability, operation, performance, accuracy, reliability, or currency 6. Be error free 7. That any errors or defects can or will be corrected 8. Be free of harmful components such as: - Viruses - Scripts - Trojan horses - Worms - Malware - Timebombs Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In that situation, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, I shall be solely responsible for such warranty. ### Modification Clause From time to time, I may provide new features, bug fixes, edits, or other alterations which may affect the Service. I reserve the right to perform this without notice, and in the good faith presumption that I am doing it for the purpose of improving or maintaining the Service. ## "Use At Your Own Risk" Disclaimer The information contained on the Service is for general educational and information purposes only. - The information is not intended as professional advice, and I do not claim to be a specialist in any capacity about any domain of expertise. My claims of non-expertise can not replace an expert's advice, and are included but not limited to: - Medical advice from a healthcare provider. - Legal advice from an attorney. - Insurance advice from a qualified insurance agent. - Accounting or tax advice from a qualified CPA. - Investment advice from a FINRA-approved financial advisor. - The information is also not intended to incite an insurrection or otherwise create any political unrest. Should you decide to act on any information on the Service, You do so at Your own risk. I will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or the contents of the Service. This exemption of liability will apply for all consequential, special or similar damages arising out of or in connection with Your access, use, or inability to access or use the Service or its contents. This exemption of liability applies whether in an action of contract, negligence or other tort, even if advised of the possibility of such damages. ### Links to Other Websites and Third-Party Services My Service may contain links, display, include, or make available Third-Party Sites And Services (including data, information, applications, and other products and services). If You interact with a third party link or element, You may be directed to that Third-Party's Sites And Services. These Third-Party Sites And Services are not provided, maintained, owned, operated, or controlled by Me. I do not assume and shall not have any liability or responsibility to You or any other entity or person whatsoever for any Third-Party Sites And Services. I have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Sites And Services. I do not guarantee the following about any information of any Third-Party Sites And Services or any aspect thereof: - Accuracy - Relevance - Timeliness - Validity - Completeness - Copyright compliance - Legality - Decency - Quality You further acknowledge and agree that: 1. I shall not be responsible or liable, directly or indirectly, for... 2. ...any damage or loss caused or alleged to be caused by... 3. ...or in connection with the use of or reliance on... 4. ...any such content, goods or services available... 5. ...on or through any such sites or services. You must comply with applicable third parties' terms of agreement when using their services. Third Party Sites And Services are provided solely as a convenience to You, and You are accessing them entirely at your own risk. I strongly advise You to read the terms and conditions, especially their privacy policies, of any Third Party Sites And Services that You visit. If you do not agree with them, I strongly advise you to seek alternatives whenever possible. ### Errors and Omissions Disclaimer The information on the Service has been verified to the best of my abilities, but I cannot guarantee there are no errors or omissions. I am not responsible for any errors or omissions, or for the results obtained from the use of information connected with the Service. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service. ### Views Expressed Disclaimer The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including Me. The information in the Service is borrowed from other sources, and does not represent truth simply because it was written. In a situation where the information would represent as libelous, I have provided exculpatory obfuscation to protect the potentially injured parties. Past performance regarding good information does not guarantee using the information will create future results. Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. I am not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever. ### My Liability Limits Notwithstanding any damages You might incur, My entire combined liability, along with any of My suppliers under any provision of this Agreement, and Your exclusive remedy for all of the foregoing, shall be limited to the greater of: 1. The amount directly paid by You through the Service. 2. 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall I or My suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes, but is not limited to: - Damages for loss of profits. - Loss of data or other information. - For business interruption. - For personal injury. - Loss of privacy arising out of or in any way related to the use of or inability to use the Service. - Third-party software and/or third-party hardware used with the Service, or any otherwise connection with any provision of this Agreement. I am still not liable even if I or any supplier have been advised of the possibility of such damages and even if the remedy fails regarding its essential purpose. Some states/jurisdictions do not allow the exclusion of implied warranties or liability limits for incidental or consequential damages, and some of the above limitations may not apply. In these states/jurisdictions, each party's liability will be limited to the lowest extent permitted by law. ## Scope of My License ### Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. - If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in, and this Agreement is compliant with privacy regulations regarding that information. - For United States compliance, You represent and warrant the following: 1. You are not located in a country subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country. 2. You are not listed on any United States government list of prohibited or restricted parties. ## Advertisements It is not my conventional practice to display advertisements as part of My Service, but I may occasionally advertise promotions by Affiliates. Any advertisements on My Service are not connected with My Service, and You engage with those advertisements at Your own risk. As a matter of ethics, I find advertisements an impediment to the user experience. If My Service provides intrusive advertisements, for any reason whatsoever, I am not liable for them. ## Purchases My Service may offer Goods, services, or items You are free to purchase. Your purchase of them constitutes a binding agreement, which will be fulfilled when I deliver the product. These purchases may be from a variety of sources, including but not limited to: - in-app purchases inside the Service software - online purchases through the website - transactions through a third-party vendor I also may offer subscription plans for a fee. By purchasing a subscription, You agree to both an initial and recurring subscription fee at the then-current rate and interval, and You accept all responsibility for all recurring charges until You cancel Your subscription. You may cancel your subscription at any time, subject to the Your Order Cancellation Rights section. ## Promotions, Contests and Sweepstakes From time to time, I may offer free or discounted items as part of my Service. The terms of those promotions will supersede the terms of this Agreement, when applicable. ## Termination of License This Agreement shall remain in effect until either You or I terminate it. I may, in My sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice or liability, including without limitation if You breach this Agreement. I have the right to maintain termination of Your use of the Service for as long as I deem necessary. Upon termination, Your right to use the Service will cease immediately, without any required prior notice from Me, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Service completely from Your Device. Upon termination of this Agreement, You shall cease all use of the Service and delete all copies of the Service from Your Device. Termination of this Agreement will not limit My rights or remedies at law or in equity in case You have breached (during the term of this Agreement) any of Your obligations under the present Agreement. ## Conflict Resolution Procedures If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by directly contacting Me. While I make no promises to the specificity of the response, I promise I will engage and respond in a reasonable manner and in good faith. If you cannot document an interaction with Me, You cannot engage in a formal action against Me. ## Your Order Cancellation Rights You are entitled to cancel Your Order within 45 days without giving any reason for doing so. The deadline for cancelling an Order is 45 days from the date You received the Goods or a third party you have appointed (who is not the carrier) takes possession of the Good delivered. For subscriptions, the deadline is 30 days. To exercise Your right of cancellation, You must inform Me of Your decision by means of a clear statement. The statement must indicate whether you want a refund or a replacement of the Goods. You can inform Me of Your decision via the Contact Me section below. I will reimburse You no later than 14 days from the day I receive the returned Goods. I will use the same means of payment as You used for the Order if possible, and You will not incur any fees for the reimbursement. ### Conditions for Returns For Goods to be eligible for a return, make sure that: - The Goods were purchased in the last 45 days. - The Goods are in the original packaging. - The Goods have their receipt or proof of purchase. The following Goods cannot be returned: - Goods made to Your specifications or clearly personalized. - Goods which are not suitable to be returned according to their nature, deteriorate rapidly or where the expiration date is past. - Goods due to health protection or hygiene reasons are not suitable for return and were unsealed after delivery. - Goods which are, after delivery, according to their nature, inseparably mixed with other items. - Goods which were on clearance or discontinued. I reserve the right to refuse returns of any merchandise that does not meet the above return conditions in My sole discretion. Only regular priced Goods may be refunded. Unfortunately, Goods on sale will only be refunded at My discretion. This exclusion may not apply to You if it is not permitted by applicable law. ### Returning Goods You are responsible for the cost and risk of returning the Goods to Me. Please contact Me for further instruction about where You should send the Goods. I cannot be held responsible for Goods damaged or lost in return shipment. Therefore, I recommend an insured and trackable mail service. I am unable to issue a refund without actual receipt of the Goods or proof of received return delivery. ### Gifts If the Goods were marked as a gift when purchased and then shipped directly to you, You'll receive a gift credit for the value of Your return. Once the returned product is received, a gift certificate will be mailed to You. If the Goods weren't marked as a gift when purchased, or the gift giver had the Order shipped to themselves to give it to You later, I will send the refund to the gift giver. ## Entire Agreement The Agreement as stated above constitutes the entire agreement between You and Me regarding Your use of My Services and supersedes all prior and contemporaneous written or oral agreements between You and Me. You may be subject to additional terms and conditions that apply when You use or purchase My other services, which I will provide to You at the time of that other service's use or purchase. ## Possible Changes ### Changes to These Terms and Conditions I reserve the right, at My sole discretion, to modify or replace these Terms at any time without prior notice. If a revision is material I will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, but I cannot guarantee or provide warranty of said notice. What constitutes a material change will be determined at My sole discretion. By continuing to access or use My Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. I reserve the right to change any terms at my discretion. ### Changes to this Agreement I may update My Agreement from time to time. I will notify You of any changes by posting the most up-to-date Agreement on this page. I reserve the right, at My sole discretion, to modify or replace this Agreement at any time, for any reason. A material change will be determined by My sole discretion, and I reserve the right to make material changes as I deem necessary. I will use conventional updating methods to indicate this change (for example, a software's changelog) or by providing a prominent notice on My Service. You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on this page. By continuing to access or use the Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application. ### Severability and Waiver Severability: If any provision of this Agreement is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect until amended in a future Agreement with a future effective date. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time later, nor shall the waiver of a breach constitute a waiver of any subsequent breach. ## Contact Me If you have any questions about My Agreement, please contact Me by email: