Terms of Use

 

By accessing, reading or using this website, you agree to the following terms. If you do not consent and agree to the following terms of use, then you do not have permission to access this website and you must leave now.

This website is intended for use by adults, and children under 13 are prohibited from accessing, reading or using this website. By continuing to access this website, you represent that you are at least 13 years old. If you are not at least 13 years old, leave now.

 

PROHIBITED USES OF THIS WEBSITE AND CONTENT

Prohibited uses of this website and its content include, but are not necessarily limited to the following. You shall not:

  • re-transmit content of this website, except for social media posting purposes and with full attribution to this website, including this website’s name or URL and including a link back to this website, unless you have express written permission to do otherwise
  • circumvent or attempt to circumvent any security measure used by this website
  • place any virus, spyware or other malicious code on this website, or attempt to damage or alter this website’s code, or otherwise interfere with the functioning of this website
  • purchase or attempt to purchase any products or services offered through this website unless you are over 18 years of age and have full authorization to use the payment method utilized
  • copy, re-transmit or redistribute, whether for compensation or for free, the content of any product or service purchased through this website or obtained via free downloads through this website in violation of copyright laws
  • violate any of the other terms in this terms of use agreement

 

NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURE

This website intends to comply with copyright laws. Pursuant to 17 U.S.C. 512(c)(3), if you believe that any content on this website infringes on or violates a copyright that you own or control, you can provide notice of the alleged infringement under the DMCA to the designated DMCA copyright agent at the contact information provided below. The notification should include the following information:

  • Identification of the copyrighted work alleged to have been infringed
  • Identification of the material alleged to be infringing and to be removed or disabled
  • Information to allow us to contact the person making the complaint such as the address, phone number, and email address of the person making the complaint
  • A statement that the person making the complaint has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement under penalty of perjury that the information in the notice is accurate, that the person making the complaint is the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed upon.
  • A signature (electronic or physical) of the owner of the right that is allegedly infringed, or of a person authorized to act on the owner’s behalf.

The DMCA copyright agent designated to receive notification of an alleged infringement is:

Attn: DMCA Copyright Agent
Law Office of James A. Lester
P.O. Box 11
Coldwater, MI 49036-0011
(517) 924-1278
email: jameslester@jlesteresq.com

 

GENERAL DISCLAIMERS

The content on this website is for public information and education purposes only. Nothing on this website is or is intended to be legal advice, nor does it create an attorney/client relationship. Nor does it offer an attorney/client relationship. It only provides general information about manifestation determinations and related topics. Your responding to this website by contacting Mr. Lester does not create a contract or an attorney/client relationship. James Lester is licensed to practice law in Michigan only, and does not practice law in any other jurisdiction.

Any content on this website is general in its coverage of the subject matter, and does not address the specific facts and circumstances of each reader’s situation. It is thus up to the reader to exercise discretion and discernment regarding whether and how to apply any such information to their unique circumstances, and the site owner, author and publisher make no representations or warranties with regard to the applicability, usefulness or appropriateness of the information for any particular reader or with regard to likely outcomes from applying the information for any particular reader or situation.

 

COOKIES

This website uses “cookies”, a common tracking technology used by many websites to monitor the use of the website by visitors. For more details about this site’s use of cookies, see our privacy policy. You agree to our use of cookies.

 

INDEMNITY

You agree to indemnify and hold harmless this website, its owner, author and publisher from any and all claims, damages, liabilities, expenses and costs including reasonable attorney’s fees, arising out of or related to your use of this website, your violation of any provision of the terms of use of this website, or your violation of any legal rights of other parties.

You represent, warrant and agree that you will not access, read or use this website in connection with any attempt of illegal or improper activity including but not limited to “hacking”, fraud, harassment, blackmail, extortion, defamation, copyright or trademark infringement, abuse of process, or the filing of frivolous claims, complaints or lawsuits. Upon any violation of this provision, you agree to be liable to this website and its owner for any and all expenses directly or indirectly incurred in responding to your illegal or improper activity including but not limited to reasonable attorney fees and travel related expenses, and to additionally be liable for any and all damages directly or indirectly caused by your illegal or improper activity and to hold this website and its owner harmless for any harm or damages caused to others by your illegal or improper activity. This provision applies to both your access and use of this website itself, as well as to your purchase and use of any product or service sold through this website.

 

LINKS TO OTHER WEBSITES

Outside websites linked to from this website are not under our control. This website is not responsible for the content or links contained in any such sites linked to, or for any changes in such sites. You agree that we provide such links as a convenience only, and that we do not endorse the linked sites, their use, security, or content.

 

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, ASSUMPTION OF RISK

THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES SOLD THROUGH THIS WEBSITE (COLLECTIVELY “THE MATERIALS”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY, AND TO THE EXTENT ALLOWABLE BY LAW, THE OWNER, AUTHOR, PUBLISHER AND SELLER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO THE MATERIALS, AND THE INFORMATION CONTAINED IN THE MATERIALS OR THE USE THEREOF, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW WAIVERS OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

You assume all risk of accessing or using the materials. No representation or warranty is made that the materials are free from viruses or other infection or harmful properties, nor that the materials are free from errors, omissions, inaccuracies, interruptions, delays or other defects. You agree that the owner, author, publisher and seller of the materials will not be liable for any damages of any kind related to or arising from your access of or use of the materials, including but not limited to direct, indirect, incidental, consequential or punitive damages, or damages arising from errors in performance, delays in performance, or failure to perform. You agree that if you are unsatisfied with the materials for any reason whatsoever, your sole remedy will be in the form and amount of a refund of the purchase price (if any) that you paid for the materials within 30 days of any such purchase. You can receive a refund of your purchase price by submitting a request for a refund to this website within 30 days of purchase.

To the extent allowable by law, you agree that in any dispute between you and the owner, author, publisher or seller of the materials, the owner, author, publisher or seller of the materials shall be entitled to recover its reasonable legal expenses from you including expert witness fees, reasonable attorney fees and other legal costs incurred due to the dispute if you lose the dispute. This provision applies regardless of who initiates the dispute. You agree that you will not attempt or threaten to attempt to initiate a dispute, claim, legal action or complaint without a valid good faith legal basis, and that if you do it shall be deemed a frivolous action on your part and a violation of these terms of use.

 

JURISDICTION AND VENUE

These terms of use, and any claim, dispute or litigation related to or arising out of the access or use of this website shall be governed by and interpreted under the laws of the State of Michigan, United States of America, without regard to choice of law provisions, and jurisdiction and venue for any such claim, dispute or litigation related to this website shall exclusively be in a court of competent jurisdiction in the State of Michigan. You agree that if any provision of this terms of use agreement is deemed unenforceable, it shall be treated as modified as necessary to render it enforceable in such way as comes closest to the intentions of the parties as possible, and that all other provisions of this terms of use agreement shall continue in full force and effect.