Sjmcconnell.com Policies

Non-Legalese Introduction:

Like nearly all websites, I collect data. I use Google Analytics to see where you arrived from and what pages you visited in part to fine tune the experience. I ask for your email address to send you blogs (you can easily accept or deny that request). Like a lot of people and businesses, I use MailChimp to send you and other folks emails all of whom explicitly and transparently signed up for email blasts. (if you want to unsubscribe, it’s easy and reliable). If you bought one of my books, an e-commerce payment processor processed your payment.

However unlike most popular websites (major media, sports sites, major search engines), I collect very little data in comparison to them and the data I collect I have very little interest in other than making sure you get my email blasts, that you are able to buy one of my books, and that my website is performing effectively (Google Analytics).

If you want to see how many data collection programs a typical website is utilizing to collect a very wide range of data from you download Ghostery. After installing the app and visiting espn.com, nytimes.com, amazon.com, and cnn.com, visit my website and compare what you see. I say this to be transparent (about my site) and so you see just how little I personally care about collecting your data because I use very few programs on this site, though I do care about you, just not your data unless you ask me to send you something; then, I need your data. However by law, to abide by proper internet etiquette, and to be genuinely fair and transparent to you and for your sake if you are absolutely interested in this information, I have published this extensive privacy policy to give you a peek behind the scenes. Usually internet users, like myself and billions of others, ignore these policies because they are a dime-a-dozen and they usually don’t stop us from visiting nytimes.com, buying a book on Amazon, or applying to college (all of which collect a lot of information about its users, mostly benign and harmless).

So in a justifiable bow to transparency and etiquette, here’s my privacy policy and other associated policies for this website. 

Website terms and conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 13 years of age to use this website.  By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age. This website may use cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of this privacy policy and cookies policy. 

In addition to the information presented here, privacy policy and other data collection permissions/privacy statements are outlined in ventures/businesses/services affiliated with this website. Their privacy policies outline their potential use of your data and information as a result of visiting this site, signing up for its services, and/or purchasing one of its products. By using this website, you consent to their privacy and other policies and any other programs used by this website not listed here. By using this website, utilizing its services and/or information, and purchasing its products/services, you agree to all the privacy policies and other policies of sjmcconnell.com and affliated third-party sites including, but not limited to: 

License to use website

Unless otherwise stated, sjmcconnell.com and/or its licensors own the intellectual property rights in the website and material on the website, unless specifically stated otherwise by sjmcconnell.com and/or Stephen J. McConnell, both of whom retain full and complete rights to their work. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website claimed and protected by copyright by sjmcconnell.com and Stephen J. McConnell (including republication on another website), unless complying with fair use law or after receiving permission from those entities and/or individuals;
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website, unless complying with fair use law.
  • redistribute material from this website, except for content specifically and expressly made available for redistribution and unless complying with fair use law;
  • regarding the above provisions, if the material is not claimed by sjmcconnell.com or Stephen J. McConnell, you must contact that publisher or author to republish the material unless it is not protected by copyright. If that is the case, then you are free to use the content or abide by free use law.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without my express written consent. You must not use this website to transmit or send unsolicited commercial communications. 

Restricted access

Access to certain areas of this website is restricted. I reserve the right to restrict access to other areas of this website, or indeed this entire website, at my discretion. If I provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential and you do not distribute it. I may disable your user ID and password under my sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  I make no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, sjmcconnell.com or Stephen J. McConnell does not warrant that:

  • l  this website will be constantly available, or available at all; or
  • l  the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

I will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • l  to the extent that the website is provided free-of-charge, for any direct loss;
  • l  for any indirect, special or consequential loss; or
  • l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if sjmcconnell.com or Stephen J. McConnell has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website or engage in its services – period.

Other parties

You accept that sjmcconnell.com or Stephen J. McConnell has an interest in limiting the personal liability of its officers and employees and himself. You agree that you will not bring any claim personally against sjmcconnell.com, Stephen J. McConnell, his officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect sjmcconnell.com or Stephen J. McConnell’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify me and undertake to keep me indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by me to a third party in settlement of a claim or dispute on the advice of my legal advisers incurred or suffered by me arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions).

Breaches of these terms and conditions

Without prejudice to me other rights under these terms and conditions, if you breach these terms and conditions in any way, I may take such action as I deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

I may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

I may transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, including other legal provisions posted and / or linked to from the website page this agreement was accessed from, constitute the entire agreement between you and me in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 Website Disclaimer

 No warranties

This website is provided “as is” without any representations or warranties, express or implied.  I make no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, sjmcconnell.com or Stephen J. McConnell does not warrant that:

  • l  this website will be constantly available, or available at all; or
  • l  the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

I will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • l  to the extent that the website is provided free-of-charge, for any direct loss;
  • l  for any indirect, special or consequential loss; or
  • l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if I have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website or engage in its services – period.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Privacy Statement

 Your privacy is important to me. This privacy statement provides information about the personal information that I collect, and the ways in which I may use that personal information.

 Personal information collection

I may collect the following kinds of personal information:

  • information about your use of this website 
  • information that you provide, for the purpose of registering with the website, purchasing its products or signing up for its informational services
  • information about transactions carried out over this website
  • information that you provide for the purpose of subscribing to the website services
  • any other information that you send to me

Using personal information

I may use your personal information to:

  • administer this website;
  • personalize the website for you;
  • enable your access to and use of the website services;
  • publish information about you on the website, with only your expressed authorization
  • send to you products that you purchase, with only your expressed authorization
  • supply to you services that you purchase, with only your expressed authorization
  • collect payments from you, only for the purchase of services and with only your expressed authorization
  • send you communications, with only your expressed authorization

Where I disclose your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement and/or the terms of their privacy statements and other policies. Their privacy policies and other policies supersede this agreement when in conflict. I am not responsible for any breach of their policies, nor any loss or other adverse issues (legal/financial/personal) resulting from the use of their services. By engaging in the services and information offered on this website, you agree to these provisions. I will not directly sell or directly give your personal information for marketing purposes or any other purpose to other firms. The information will only be used to carry out services you requested, with your expressed authorization, or to enhance your experience using this website.

We may collect information about your IP address and related information that cannot identify you personally for site analytics, or through use of Google Analytics. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, I may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights, as well as to execute the services you executed or requested on this site.

 Cross-border data transfers

Information that I collect may be stored and processed in and transferred between any of the countries in which I operate to enable the use of the information in accordance with this privacy policy.

 Updating this statement

I may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes. 

Other websites

This website contains links to other websites or is associated with other websites and businesses (including Google, MailChimp, Stripe, and Squarespace). I am not responsible for the privacy policies or practices of any third party.

Linking Policy

Status of linking policy

I welcomes links to this website, in accordance with the terms of this linking policy. This linking policy is intended to assist you when linking to this website or by using this website you agree to be bound by the terms and conditions of this linking policy.

Links to this website

Links pointing to this website should not be misleading. From time to time the URL structure of this website may be updated. You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website

This website includes links to other websites owned and operated by third parties.  These links are not endorsements or recommendations. I have no control over the contents of third party websites, and I accept no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

If you would like me to remove a link to your website that is included on this website, please contact me using the contact details below.  Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

I may amend this linking policy at any time by publishing a new version on this website.

Copyright Notice

Copyright © 2016, Stephen J. McConnell

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by me, Stephen J. McConnell and sjmcconnell.com.

There are important exceptions to that rule. I do not retain or desire copyright to works I publish attained from our content partners or other parties who retain copyright to their work, nor do I retain or desire copyright for information or works published in accordance with fair use law or in the spirit of creative commons licenses. If you wish to use content under copyright not claimed by me, please contact that publisher or author.

Copyright license

I grant to you a worldwide non-exclusive royalty-free revocable license to:

  • l  view this website and the material on this website on a computer or mobile device via a web browser;
  • l  copy and store this website and the material on this website in your web browser cache memory; and
  • l  print pages from this website for your own personal and non-commercial use.

I do not grant you any other rights in relation to this website or the material on this website, including commercial use.  In other words, all other rights are reserved.

Data mining

The automated and/or systematic collection of data from this website is prohibited unless permission is granted by the site’s owner or in affiliation with the services the site's owner utilizes.

Permissions

You may request permission to use the copyright materials on this website, claimed by Stephen J. McConnell and sjmcconnell.com, by emailing, steve@guidingytype.com

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to, steve@guidingtype.com

Cookies Policy

 About cookies

This website may use cookies.  By using this website and agreeing to this policy, you consent to my use of cookies in accordance with the terms of this policy. Cookies are files sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiration date.

 More on cookies

I may use Google Analytics and other programs to analyze the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information.  Google's privacy policy is available at: http://www.google.com/policies/privacy/

Refusing cookies

Most browsers allow you to refuse to accept cookies. Blocking cookies may have a negative impact upon the usability of some websites and may potentially negatively impact the use of sjmcconnel.com

Credit

These documents were created using a Contractology template available at http://www.freenetlaw.com.

Contact

 If you have any questions, please contact me at, steve@guidingtype.com