Terms Of Service

Acceptance of the Terms of Service

These terms of service are entered into by and between you and TechPolicy LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of gsmcneal.com, including any content, functionality, and services offered on or through gsmcneal.com (the “Website”).

Please read the Terms of Service carefully before you start to use the Website. By using the Website, by clicking or checking a box to accept or agree to the Terms of Service when that option is presented to you (including when you sign up for our newsletter or otherwise submit information through the Website), you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Website, sign up for our newsletter, or submit any information through the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Nature of the Website; No Professional Advice

The Website is a personal website and blog that provides general information about the writing, scholarship, and biography of Gregory S. McNeal and about keynote speaking availability. The information presented on or through the Website is made available solely for general informational purposes and does not constitute legal, financial, professional, or other advice. Nothing on the Website creates an attorney-client, advisory, or other professional relationship, and you should not act or refrain from acting on the basis of any content on the Website without seeking appropriate professional advice. Any reliance you place on information on the Website is strictly at your own risk.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Dispute Resolution and Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.

You are responsible for both:

Email and Newsletter Communications

The Website offers an option to sign up to receive a newsletter and other email communications from us. If you choose to sign up, you agree to provide accurate, current, and complete information, and you consent to our sending you the newsletter and related communications. You may unsubscribe at any time by following the unsubscribe instructions included in those communications. Any information you provide through the Website, including through the newsletter sign-up, is handled in accordance with our privacy practices as described on the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the name and marks associated with Gregory S. McNeal, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

Additionally, you agree not to:

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our privacy practices as described on the Website. By using the Website, you consent to all actions taken by us with respect to your information in accordance with those privacy practices.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Assumption of Risk

You acknowledge and agree that your access to and use of the Website, and any reliance on any content available on or through the Website, is undertaken voluntarily and entirely at your own risk. To the fullest extent permitted by applicable law, you knowingly and freely assume all risks, known and unknown, arising from or relating to your access to or use of the Website and its content.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

The limitations set out above do not apply to liability resulting from our gross negligence or willful misconduct, our fraud, or any other liability that cannot be excluded or limited under applicable law.

Release and Waiver

To the fullest extent permitted by applicable law, you hereby release, waive, and forever discharge the Company, its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns (collectively, the “Released Parties”) from, and covenant not to sue any Released Party for, any and all claims, demands, damages, losses, liabilities, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, arising out of or relating to your access to or use of the Website or its content, except to the extent any such claim results from a Released Party’s gross negligence, willful misconduct, or fraud, or is otherwise a claim that may not be released or waived under applicable law.

Because this release covers claims that you may not know or suspect to exist in your favor at the time of agreeing to these Terms of Service, and that, if known, might have affected your decision to agree, you expressly waive and relinquish all rights and benefits under California Civil Code Section 1542, and under any similar law of any state, territory, or other jurisdiction, to the fullest extent permitted by law. California Civil Code Section 1542 provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

You acknowledge that you have read and understand this waiver and knowingly and voluntarily agree to it.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

Class Action and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN COURT OR IN ARBITRATION. Unless both you and the Company agree otherwise in writing, no court or arbitrator may consolidate or join more than one person’s claims, and no court or arbitrator may otherwise preside over any form of a consolidated, representative, or class proceeding.

If, in any particular case, a court or arbitrator of competent jurisdiction determines that this Class Action and Representative Action Waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed and must be brought exclusively in the state or federal courts located in the County of Ventura, California, and not in arbitration, while all other claims will continue to be resolved as provided in these Terms of Service. The parties intend this Class Action and Representative Action Waiver to be enforced to the greatest extent permitted by law.

Dispute Resolution; Binding Arbitration

Informal resolution first. Before initiating any arbitration or other proceeding, you agree to first contact us and provide a written description of the dispute and your contact information, and to give us at least sixty (60) days to attempt to resolve the dispute informally. This requirement is a condition precedent to commencing arbitration.

Agreement to arbitrate. Except for the Excluded Claims described below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the Website, including its existence, interpretation, breach, validity, enforceability, or termination (a “Dispute”), that is not resolved informally will be resolved exclusively by final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Excluded Claims. Notwithstanding the agreement to arbitrate, the following are not subject to arbitration and may be brought only in the state or federal courts located in the County of Ventura, California (the “Excluded Claims”):

The Class Action and Representative Action Waiver above applies to the Excluded Claims and to all other claims, whether brought in court or in arbitration.

Arbitration procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms of Service. The arbitration will be conducted by a single arbitrator. Unless you and the Company agree otherwise, any in-person arbitration hearing will take place in Ventura County, California; you may also elect to participate by telephone, videoconference, or through document submissions where the AAA rules permit. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING, INCLUDING WITH RESPECT TO THE EXCLUDED CLAIMS.

Severability. If any portion of this Dispute Resolution section (other than the Class Action and Representative Action Waiver, which is governed by its own terms) is found to be unenforceable, the remainder of this section will continue to apply.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You agree that California law governs regardless of where you reside or access the Website.

Subject to the Class Action and Representative Action Waiver and the Dispute Resolution; Binding Arbitration section above, any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website (including any Excluded Claims) shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Ventura, California. You irrevocably submit to the exclusive personal jurisdiction and venue of such courts, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including any objection based on inconvenient forum. This provision applies regardless of where you are located.

Limitation on Time to File Claims

Attorneys’ Fees

To the fullest extent permitted by applicable law, in any action, arbitration, or proceeding to enforce or arising out of these Terms of Service, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party, in addition to any other relief to which it may be entitled. This provision does not limit any statutory right to recover attorneys’ fees, including under California’s anti-SLAPP statute (California Code of Civil Procedure Section 425.16).

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then that provision shall be reformed and construed to the maximum extent permitted by law so as to give effect to the intent of the provision, and, if it cannot be so reformed, shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms of Service will continue in full force and effect. The invalidity or unenforceability of any provision in any jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction or of any other provision in any jurisdiction.

Survival

The provisions of these Terms of Service that by their nature should survive termination or expiration will survive, including, without limitation, Nature of the Website; No Professional Advice, Intellectual Property Rights, Assumption of Risk, Disclaimer of Warranties, Limitation on Liability, Release and Waiver, Indemnification, Class Action and Representative Action Waiver, Dispute Resolution; Binding Arbitration, Governing Law and Jurisdiction, Limitation on Time to File Claims, Attorneys’ Fees, and this Survival section.

Assignment

You may not assign or transfer these Terms of Service, or any of your rights or obligations under them, without our prior written consent, and any purported assignment in violation of this provision is void. We may freely assign or transfer these Terms of Service and our rights and obligations under them, in whole or in part, without restriction or notice to you. These Terms of Service bind and inure to the benefit of the parties and their permitted successors and assigns.

No Third-Party Beneficiaries

Except for the Released Parties and the persons and entities entitled to indemnification, disclaimer, or limitation of liability under these Terms of Service (each of whom may enforce the applicable provisions), these Terms of Service are for the sole benefit of you and the Company and are not intended to confer any rights or remedies upon any other person or entity.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including, without limitation, acts of God, natural disasters, epidemics or pandemics, failures of telecommunications or internet service providers, hosting or infrastructure failures, cyberattacks, government actions, or other events beyond our reasonable control.

Entire Agreement

The Terms of Service constitute the sole and entire agreement between you and TechPolicy LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by TechPolicy LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us through the contact options provided on the Website.