Section 1--Acceptance of the Terms and Conditions
John R. Pierce (herein referred to as "JRP," "I," "me," or "my") provides
and makes available this web site (the "Web Site"). All use of this Web
Agreement (the "Agreement"). Please read this page carefully. By
accessing, browsing or using this Web Site, you acknowledge that you have
read, understood, and agree to be bound by these Terms and Conditions. If
you do not accept the Terms and Conditions stated here, do not use the Web
You understand and agree that I may change this Agreement at any time
without prior notice. You may read a current, effective copy of this
pages of the Web Site.
Section 2--Use of the
This Web Site contains material, such as software, text, graphics, images
and other material (collectively referred to as the "Content"). The
Content may be owned by me or may be provided through an arrangement I
have with others. The Content is protected by copyright under both United
States and foreign laws. Unauthorized use of the Content may violate
copyright, trademark, and other laws. You have no rights in or to the
Content, and you will not use the content except as permitted under this
Agreement. No other use is permitted without prior written consent from
me. You must retain all copyright and other proprietary notices contained
in the original Content on any copy you make of the Content. You may not
sell, transfer, assign, license, sublicense, or modify the Content or
reproduce, display, publicly perform, make a derivative version of,
distribute, or otherwise use the Content in any way for any public or
commercial purpose. The use or posting of the Content on any other web
site or in a networked computer environment for any purpose is expressly
If you violate any part of this Agreement, permission to you to access
and/or use the Content and Web Site automatically terminates and you must
immediately destroy any copies you have made of the Content.
The viewing of the Content by you with any form of ad-blocking software is
prohibited. The use of such software to view the Content may subject you
and the manufacturers and sellers of such software to litigation and/or
other legal process.
The trademarks, service marks, and logos of
John R. Pierce and of PierceFlicks.com and pierceflicks.com
(collectively the "Trademarks") used and displayed on this Web Site are
unregistered Trademarks of John R. Pierce. Other company, product and
service names located on the Web Site may be trademarks or service marks
owned by others. Nothing on this Web Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to
use any Trademark displayed on this Web Site, without the prior written
permission of JRP specific for each such use. The Trademarks may not be
used to disparage JRP, his products or services, or in any manner in
which, in my reasonable judgment, may damage my goodwill in the
Trademarks. All goodwill generated from the use of the Trademarks on any
site inures to my benefit.
The Web Site contains links to third-party web sites ("External Sites").
These links are provided as a convenience to you and not as an endorsement
by me of the content on such External Sites. The content of such External
Sites is developed and provided by others. You should contact the site
administrator or Webmaster for those External Sites if you have any
concerns regarding such links or any content located on such External
I am not responsible for the content of any linked External Sites and do
not make any representations regarding the content or accuracy of
materials on such External Sites. You should take precautions when
downloading files from all web sites to protect your computer from viruses
and other destructive programs. If you decide to access linked External
Sites, you do so at your own risk.
Section 3--Limit of Liability and
JRP, HIS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, OR LICENSORS (collectively the "COMPANY PARTIES") MAKE
NO WARANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING, BUT NOT
LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR
RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR
TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER
OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR
INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU
AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THIS WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF
COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF
YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR
THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN
IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of
liability for incidental or consequential damages, and so the above
limitations or exclusions may not apply to you if you are in such a
state. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless the Company Parties,
from and against any claims, actions or demands, including, without
limitation, reasonable legal and accounting fees, arising or resulting
from your breach of this Agreement or your access to, use or misuse of the
Content or Web Site. JRP shall provide notice to you of any such claim,
suit or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding. JRP reserves the right to assume the
exclusive defense and control of any matter that is subject to
indemnification under this section. In such case, you agree to cooperate
with any reasonable requests assisting JRP's defense of such matter.
Section 5--Termination of the Agreement
Termination. JRP reserves the right, in his sole discretion, to restrict,
suspend, or terminate this Agreement and your access to all or any part of
the Web Site or the Content, at any time and for any reason without prior
notice or liability. JRP reserves the right to change, suspend, or
discontinue all or any part of the Web Site or the Content at any time
without prior notice of liability.
Survival. If this Agreement is terminated, Sections 2, 3, 4, 5, 6, and 9
shall survive the termination of this Agreement.
Section 6--No Framing
Elements of the Web Site are protected by trade dress, trademark, unfair
competition, and other state and federal laws and may not be copied or
imitated in whole or in part, by any means, including, but not limited to,
the use of framing or mirrors, except where allowed in Section 2. None of
the Content of this Web Site may be retransmitted without express written
consent from me for each and every instance.
Section 7--User Must Comply with
This Web Site is based in Boston, Massachusetts. I make no claims
concerning whether the Content may be downloaded, viewed, or be
appropriate for use outside of the United States. If you access the Web
Site or the content from outside of the United States, you do so at your
own risk. Whether inside or outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific
The United States controls the export of products and information. You
expressly agree to comply with such restrictions and not to export or
re-export any of the Content to countries or persons prohibited under the
export control laws. By downloading the Content, you are expressly
agreeing that you are not in a country where such export is prohibited or
are a person or entity for which such export is prohibited. You are
solely responsible for compliance with the laws of your specific
jurisdiction regarding the import, export, or re-export of the Content.
Section 8--U. S. Government Restricted
The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or
disclosure by the Government is subject to the restrictions contained in
48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of
the Web Site or Content by the Government constitutes acknowledgment of my
proprietary rights in the Web Site and Content.
THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE
COMMONWEALTH OF MASSACHUSETTS, WITHOUT RESPECT TO ITS CONFLICT OF LAWS
PROVISIONS. YOU EXPRESSLY AGREE TO SUBMIT TO PERSONAL JURISDICTION BY THE
STATE AND FEDERAL COURTS SITTING IN THE CITY OF BOSTON IN THE COMMONWEALTH
OF MASSACHUSETTS. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE
INVALID BY ANY COURT HAVING COMPETENT JURISDICTION, THE INVALIDITY OF SUCH
PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF
THIS AGREEMENT, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
9.2 You waive any claim that a
court located in Boston, Massachusetts, lacks personal jurisdiction over
you, is an improper venue, or is an inconvenient forum. You must bring any
action you have against JRP within one year after the cause of action
FAILURE OF JRP TO ACT ON OR ENFORCE ANY
PROVISION OF THE AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF THAT
PROVISION OR ANY OTHER PROVISION IN THIS AGREEMENT. NO WAIVER SHALL BE
EFFECTIVE AGAINST JRP UNLESS MADE IN WRITING, AND NO SUCH WAIVER SHALL BE
CONSTRUED AS A WAIVER IN ANY OTHER OR SUBSEQUENT INSTANCE. EXCEPT AS
EXPRESSLY AGREED BY JRP AND YOU, THIS AGREEMENT CONSTITUTES THE ENTIRE
AGREEMENT BETWEEN YOU AND JRP WITH RESPECT TO THE SUBJECT MATTER, AND
SUPERSEDES ALL PREVIOUS OR CONTEMPORANEOUS AGREEMENTS, WHETHER WRITTEN OR
ORAL, BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER. THE SECTION
HEADINGS ARE PROVIDED MERELY FOR CONVENIENCE AND SHALL NOT BE GIVEN ANY
LEGAL IMPORT. THIS AGREEMENT WILL INURE TO THE BENEFIT OF MY SUCCESSORS,
ASSIGNS, LICENSEES, AND SUBLICENSEES.
Section 10--Advertisements and affiliate links
This Web Site is a personal website written and edited by me. This Web Site accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation. If you click on links in this Web Site and buy products, I may receive a commission.
The compensation received may influence the advertising content, topics or posts made in this Web Site. That content, advertising space or post may not always be identified as paid or sponsored content.
The owner of this Web Site is compensated to provide opinion on products, services, websites and various other topics. Even though the owner of this Web Site receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this Web Site are the writers' own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
This Web Site does contain content which might present a conflict of interest. This content may not always be identified.