The disclosures and terms set forth in this Disclaimer below control and govern your use and access to jamesrylandmiller.com (the “Website”). For purposes of these disclosures, the term “Owner” includes the Website’s officers, directors, employees, shareholders, agents, licensors, and subcontractors.
You agree that these disclosures and terms and any dispute arising out of your use of the Website or products or services provided by the Website will be governed by and construed in accordance with the laws of the State of Texas. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website shall be mandatory in the state courts located in Tarrant County, Texas.
In the event that any provision of these disclosures and terms is or becomes invalid or unenforceable, that provision (to the extent invalid or unenforceable) will be interpreted to reflect the original intention of Owner in accordance with applicable law, and the remainder of these disclosures and terms will continue in full force and effect.
Ambiguities in these disclosures and terms shall be resolved in favor of Owner.
Owner’s failure to exercise or delay in exercising any right, power or privilege shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
You agree that any claim or cause of action you may have with respect to the Website or its services must be filed within one (1) year after such claim or cause of action arose, otherwise such claim or cause of action will be forever barred, without regard to any contrary legislation. Further, the aforementioned one (1) year shall not be extended by any “discovery” rule or similar legislation or similar case law.
Non Affiliation Statement
The names, products, services, and branding cited within the Website may be trademark or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks by another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by, Owner.
This website makes no claim to nor challenge to any trademarks held by anyone other than Owner, including but not limited to Wizards of the Coast, LLC, Hasbro SA, Paizo Publishing, LLC, and Kickstarter, Inc., nor any of said entities’ parents, affiliates, or subsidiaries, and including but not limited to the Dungeons and Dragons®, Pathfinder®, and Kickstarter® marks.
Your use of the Website is provided on an ”AS IS” and ”AS AVAILABLE” basis. To the full extent permitted by applicable law, Owner expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability, the implied warranty of fitness for a particular purpose, and non-infringement.
Owner makes no warranty that any information contained in the Website is correct, accurate, or reliable.
Limitation of Liability
Owner and the Website shall have no liability for any viruses, damage to your computer, loss of data, financial loss, or any other damages arising from your use of this Website. Any and all expenses related to necessary services or repairs for software or hardware, computer viruses, software code, and any losses or damages resulting from usage of the website are the sole responsibility of the user.
To the fullest extent permitted by applicable law, in no event will Owner be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under contract, tort or any other theory of liability, arising in connection with any use of the website; any failure, error, omission, interruption, defect, delay, computer virus or loss of data; any loss of use related to the Website or a linked site; any data or content on the website or a linked site; or any loss relating to any investments and investment results.
Affiliate Links, Marketing
Owner may generate revenue from the Website. Please assume that Owner uses affiliate links that may direct visitors to third-party websites. Owner may be compensated on a per referral basis if the visitor successfully performs an action (for example: purchases a product). Any link to a third-party website may be an affiliate link that may contain a cookie attached to it. All visitors should assume that any products or services mentioned were received at no cost (unless otherwise noted) before being mentioned.
Owner may have marketing agreements with one or more different third parties (for example: websites, book publishers). The third parties may compensate Owner to be promoted in a form agreed upon by both parties. The existence of any of these agreements should not be deemed as an endorsement or recommendation of Owner by the third parties nor of the third parties by Owner.
Owner collects non-personally identifying information of the sort that web browsers and servers make available, such as the browser type, language preference, referring site, and date and time of each visitor request. Owner may release non-personally identifying information in the aggregate.
Owner also collects potentially personally-identifying information like Internet Protocol addresses. Owner does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Certain visitors to the Website may interact with the Website in a manner that requires Owner to gather personally-identifying information. The amount and type of information that Owner gathers varies. For example, we may ask visitors to provide a username and email address. Visitors may always refuse to supply personally-identifying information, but it may prevent them from using all or some Website functionality.
Owner discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that need to know that information in order to process it on Owner’s behalf or to provide services available on the Website, and that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country.
Owner will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than its employees, contractors, and affiliated organizations, as described above, Owner discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Owner believes in good faith that disclosure is reasonably necessary to protect the property or rights of Owner, third-parties, or the public at large.
Owner may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Owner, the Website and our products, if any.
Owner may change this document, including the privacy terms, from time to time, and in its sole discretion.
Digital Millenium Copyright Act Information
Name of Designated Agent: Law Office of James Ryland Miller, PLLC
Address of Designated Agent: 1325 W Randol Mill Rd STE V201, Arlington, TX 76012
Telephone of Designated Agent: 817-840-7743
Email Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.