Terms of Service

 Effective January 25, 2018  The following terms and conditions govern all use of the ByronReese.com.com website and all content available at the website (collectively, the “Content”). We ask you to review these terms and conditions, which, together with ByronReese.com’s Privacy Policy, which policies are incorporated by reference herein in their entirety, constitute a legally binding agreement between you and ByronReese.com that conditions your use of the Content (this “Agreement”). By using or accessing the Content, you agree to be 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 or use the Content. The Content is available only to individuals who are at least 13 years old.

1. The Content

1.1.Ownership. The Content of ByronReese.com is intended for your personal, noncommercial use only. Commercial use of any of the Content is strictly prohibited. The Content and all materials published and/or distributed on or through ByronReese.com are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by ByronReese.com or the party credited as the provider of the Content. Except as set forth in Sections 1.2 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of ByronReese.com or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any ByronReese.com logo or proprietary graphic or trademark without ByronReese.com’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the ByronReese.com. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in ByronReese.com and/or its content providers or licensors. ByronReese.com reserves any rights not expressly granted in this Agreement. 1.2.Limited License. Subject to your strict compliance with this Agreement, ByronReese.com grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in ByronReese.com’s sole discretion, and without advance notice or liability.

The Content may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and ByronReese.com is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of ByronReese.com and, as such, ByronReese.com is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on ByronReese.com does not imply an endorsement or recommendation by ByronReese.com. ByronReese.com is not responsible for any form of transmission received from any link, nor is ByronReese.com responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

If you believe in good faith that material or Content available on ByronReese.com infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify ByronReese.com at copyright@byronreese.com.

4. Operation of the Site

ByronReese.com reserves complete and sole discretion with respect to the operation of the site. ByronReese.com may, among other things: (A) make available to third parties information relating to the Content and their users, subject to the Privacy Policy; and (B) withdraw, suspend or discontinue any functionality or feature of the site. You acknowledge and agree that from time to time the site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ByronReese.com may undertake from time to time; or (iii) causes beyond the control of ByronReese.com or which are not reasonably foreseeable by ByronReese.com.

5. DISCLAIMER OF WARRANTIES

THE CONTENT IS PROVIDED BY BYRONREESE.COM ON AN “AS IS” BASIS. BYRONREESE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREIN, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BYRONREESE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. BYRONREESE.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 5 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL BYRONREESE.COM BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF BYRONREESE.COM MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES. The Content is controlled and offered by ByronReese.com from its facilities in the United States of America. ByronReese.com makes no representations that the Content is appropriate or available for use in other locations. Those who access or use the Content from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. VIOLATIONS / INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BYRONREESE.COM, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

8. WAIVER AND RELEASE

YOU AGREE THAT NEITHER BYRONREESE.COM NOR ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BYRONREESE.COM, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF BYRONREESE.COM, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

9. Complete Agreement

This Agreement, which incorporates ByronReese.com’s Privacy Policy, constitutes the entire agreement between you and us relating to your access to and use of the site and supersedes any prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter hereof. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 10.

10. Modifications / Termination

10.1.In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of ByronReese.com; or (B) as set forth below in Section 10.2. 10.2.Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Content is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the ByronReese.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on ByronReese.com the first time that you visit ByronReese.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Content after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on ByronReese.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.

11. Dispute Resolution / Jurisdiction / Agreement to Arbitrate

11.1.In General. Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and ByronReese.com agree that we intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act.

11.2.First — Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Content or this Agreement (collectively, “Dispute”), or to any of ByronReese.com’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 11.5 below) , then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this Section 11.2. Your notice to us must be sent to: Byron Reese 401 Congress Avenue Suite 1540 Austin, Texas 78701 For a period of 60 days from the date of receipt of notice from the other party, ByronReese.com and you will engage in a good faith dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or ByronReese.com to resolve the Dispute or Excluded Dispute on terms with respect to which you and ByronReese.com, in each party’s sole discretion, are not comfortable.

11.3.Forums for Alternative Dispute Resolution.

1.Arbitration.If we cannot resolve a Dispute as set forth in Section 11.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this Section 11.3. If we cannot resolve an Excluded Dispute as set forth in Section 11.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Excluded Dispute arises), then either you or we may submit the Excluded Dispute to formal arbitration only if you and ByronReese.com consent, in a writing signed by you and ByronReese.com’s General Counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 11.3.

Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if ByronReese.com elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and ByronReese.com do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 11.3.1, then this paragraph and the remainder of this Section 11.3 will not apply to the Excluded Dispute.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of ByronReese.com consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.

You can obtain AAA and JAMS procedures, rules, and fee information as follows:

AAA: 800.778.7879 JAMS: 949.224.1810
http://www.adr.org/ http://www.jamsadr.com

 2.Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in Austin, Texas; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, ByronReese.com shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require ByronReese.com to pay a greater portion or all of such fees and costs in order for this Section 11 to be enforceable, then ByronReese.com will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

11.4.Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 11.2 ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.  

11.5.Injunctive Relief. The foregoing provisions of this Section 11 will not apply to any legal action taken by ByronReese.com to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Content and/or ByronReese.com’s intellectual property rights (including such ByronReese.com may claim that may be in dispute), ByronReese.com’s operations, and/or ByronReese.com’s products.  

11.6.Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes (but not Excluded Disputes) in small claims court.  

11.7.No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 11.3.1 above holds that this restriction is unconscionable or unenforceable, then our agreement in Section 11.3 above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 11.8 below.  

11.8.Federal and State Courts in Austin. Except to the extent that arbitration is required in Section 11.3 above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Austin, Texas. Accordingly, you and ByronReese.com consent to the exclusive personal jurisdiction and venue of such courts for such matters.  

11.9.Applicable Law. This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions.  

12. Construction

If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  

13. Notice

ByronReese.com may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the site, or by written communication delivered by first class U.S. mail to your address on record. You may give notice to ByronReese.com at any time via electronic mail to the following address: support@byronreese.com.  

14. Miscellaneous

ByronReese.com may terminate or suspend access to the Content immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with ByronReese.com’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ByronReese.com in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.