Terms of Use

JunkManUncaged.com Terms of Use:

The following terms and conditions govern all use of the JunkManUncaged.com website and all content made available at the site, including, but not limited to, blog posts and podcasts published on the site.  The site is owned and operated by John F. McJunkin. The site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the site’s privacy policy, comment policy, and disclaimer) and procedures that may be published from time to time on this site by JunkManUncaged.com (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the site. By accessing or using any part of the site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services.  The site is available only to individuals who are at least 13 years old.

  1. Responsibility of Website Visitors. JunkManUncaged.com has not reviewed, and cannot review, all of the content, including comments on blog posts or podcasts, posted to the site, and cannot therefore be responsible for that material’s content, use or effects. By operating the site, JunkManUncaged.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. JunkManUncaged.com disclaims any responsibility for any harm resulting from the use by visitors of the site, or from any downloading by those visitors of content there posted.
  2. Content Posted on Other Websites. JunkManUncaged.com has not reviewed, and cannot review, all of the material, including comments, made available through the websites and webpages to which JunkManUncaged.com links, and that link to JunkManUncaged.com. JunkManUncaged.com does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to such a website or webpage, JunkManUncaged.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. JunkManUncaged.com disclaims any responsibility for any harm resulting from your use of external websites and webpages.
  3. Copyright Infringement and DMCA Policy. As JunkManUncaged.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by JunkManUncaged.com violates your copyright, you are encouraged to notify John F. McJunkin via email at JunkManUncaged@gmail.com. John F. McJunkin will respond to all such notices, including as required or appropriate by removing the infringing material.
  4. Intellectual Property. This Agreement does not transfer from JunkManUncaged.com to you any intellectual property owned or leased by it or any third party, and all right, title and interest in and to such property will remain (as between the parties) solely with JunkManUncaged.com. JunkManUncaged.com, the JunkMan Uncaged and Avalon Podcasting, LLC logos, and all other trademarks, service marks, graphics and logos used in connection with JunkManUncaged.com, or the site are trademarks or registered trademarks of John F. McJunkin. This is one of JunkManUncaged.com’s favorite guys in the whole wide world, and you should check out his blog.  Other trademarks, service marks, graphics and logos used in connection with the site may be the trademarks of other third parties. Your use of the site grants you no right or license to reproduce or otherwise use any JunkManUncaged.com, Avalon Podcasting, LLC, or third-party trademarks.
  5. Changes. JunkManUncaged.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the site following the posting of any changes to this Agreement constitutes acceptance of those changes. JunkManUncaged.com may also, in the future, offer new types of content and/or features through the site. Such new features and/or content shall be subject to the terms and conditions of this Agreement.
  6. Disclaimer of Warranties. The site is provided “as is”. JunkManUncaged.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither JunkManUncaged.com nor its suppliers and licensors, makes any warranty that the site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the site at your own discretion and risk.
  7. Limitation of Liability. In no event will JunkManUncaged.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; or (ii) for interruption of use or loss or corruption of data. JunkManUncaged.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  8. General Representation and Warranty. You represent and warrant that (i) your use of the site will be in strict accordance with the JunkManUncaged.com privacy policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the site will not infringe or misappropriate the intellectual property rights of any third party.
  9. Indemnification. You agree to indemnify and hold harmless JunkManUncaged.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this Agreement.
  10. Miscellaneous. This Agreement constitutes the entire agreement between JunkManUncaged.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of JunkManUncaged.com, or by the posting by JunkManUncaged.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the site will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maricopa County, Arizona. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by an arbitrator. The arbitration shall take place in Phoenix, Arizona, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; JunkManUncaged.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  11. Effective Date. This policy is henceforth valid as of June 23rd, 2014.
  12. Petty, Irrational Demand. No blue M&Ms.