Terms of Use

Terms of Use

The use of this website/blog is offered to you on your acceptance of these Terms of Use, my Privacy Policy, and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, my Privacy Policy, and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access the website. SeanTorbett.com has the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website.

This website is for informational and/or entertainment purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use. You may link to and refer to this website freely. You must, when linking to this website, thrust your fist into the air and yell “I am not a sheep!  I can think for myself!” This site is not responsible for any deaths to sheep, those acting like sheep, or any other negative activity except for the yelling which I do not condone except in this context or at those people who use cellphones during a movie.  Movies aren’t cheap, you know.

This website does not guarantee the accuracy of any information and users cannot sue me for stupidly believing everything they read. Occasionally what is on this website is bullshit and should be treated as such. Moreover, use of the word “bullshit” shall not constitute an insult to any users of this website or any person living or dead except Hitler, a few select communists, the entire Trump family and their sycophants, and any radicals, regardless of political affiliations, that are unwilling to have a rational discussion of issues and grievances. Accordingly, I do not guarantee the accuracy, timeliness, reliability, readability, grammatical correctness, or completeness of any of the information contained on, downloaded, or accessed from this website.  Read and use it at your own risk!

The performance of this website and all information contained on, downloaded, or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. If something weird happens to your computer because you accessed this website, you cannot blame me in any way. I will tolerate only one well worded and thoughtful critique and nothing more. You are allowed other actions, legal or otherwise, only if you stand in the middle of the Central Park Zoo (NYC) naked and scream the words: “I am not insane. I can hear these animals begging to be released.” You must do this for one hour or until your arrest, whichever occurs first so long as you are arrested.

I reserve the right to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you. I tell you this for no particular reason since you cannot do much about it anyway.

As a visitor to my website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk (see above). In no event shall SeanTorbett.com nor any of its data providers, friends, allies, or hangers-on be liable for any direct, indirect, consequential, or exemplary damages arising from the use or the performance of this website.

Privacy Policy

I do not do pop-ups and do not care about your personal information. And I am not going to protect it. If you are a jerk online and slander someone and they want your IP address they can have it. I’m not here to protect you from lawsuits. This may change, as noted above, but don’t count on it.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit.  Accordingly, I do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with me (including those which may contain your personal information).  All submissions to this website via email or otherwise becomes my property to make life easier, on me.  You accept this and live with it.  It’s too much work otherwise.  In no event will the information you provide to me be deemed to be confidential, create any fiduciary obligations to you or anyone else on my part, or result in any liability to you or anyone else on my part in the event that such information is inadvertently released by me or accessed by third parties without my consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website and further agree that you will not transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages to any email address listed on this site without agreeing to pay to Sean Torbett the sum of US$100,000 per item, per address.  Letters of agreement to pay Sean Torbett must be genuine and not originate from Nigeria.

By uploading, posting, or otherwise transmitting through or to my website any content, you grant to me, my successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in my Privacy Policy.

Indemnification by User

You agree to indemnify, defend and hold me and my friends, spouses, children, and agents harmless from any loss, liability, claim, demand, damage, or expense (including any legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. I reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In other words, find someone else to sue.

Third Parties and Links

No matter how much I say I love these sites, products, or services, consider it Bullshit (see reference to “Bullshit” above).  As far as you are concerned links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only in my humble attempt to broaden your narrow horizons and do not constitute an endorsement or approval by me of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services.  As I have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, I do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

My policy is to comply with all intellectual property laws and to act quickly upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please let me know immediately by sending an email to copyrightissue[at]seantorbett.com.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

General

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States of America. The parties consent to the exclusive jurisdiction at a place to be determined by SeanTorbett.com at the last minute or whenever is convenient for me.

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