Agreement between you and me
Welcome to my site. When you visit the timhealy.net website (“my site”) you’re visiting a site comprised of various web pages operated by me. It is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of my site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of my site is subject to my Privacy Policy. Please review my Privacy Policy, which also governs my site and informs users of my data collection practices.
Electronic Communications
Visiting my site or sending me emails constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that I provide to you electronically, via email and on my site, satisfy any legal requirement that such communications be in writing.
Your Subscription
I reserve the right to refuse or cancel subscription services or remove or edit content at my discretion.
My site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use my site only with the permission of a parent or guardian.
Cancellation / Refund Policy
You may cancel your subscription at any time. All donations are non-refundable.
Links to third party sites/Third-party services
My site may contain links to other websites (“Linked Sites”). The Linked sites are not under the control of my site and my site is not responsible for the contents of or your use of any Linked site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. My site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by my site of the site or any association with its operators.
No unlawful or prohibited use
You are granted a non-exclusive, non-transferable, revocable license to access and use my site strictly in accordance with these terms of use. As a condition of your use of my site, you warrant to my site that you will not use my site for any purpose that is unlawful or prohibited by these Terms.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on my site, is my property and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on my site. Your use of my site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of my site and me, the copyright owner.
International Users
The site is controlled, operated and administered by site from Perth, Western Australia. If you access the site from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the site content accessed through my site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold the harmless site, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use my site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. My site reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the site in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TIMHEALY.NET AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TIMHEALY.NET AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TIMHEALY.NET AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIMHEALY.NET AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TIMHEALY.NET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
My site reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Perth, Western Australia in all disputes arising out of or relating to the use of the site. Use of the site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and my site as a result of this agreement or use of the site. My site’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of site’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and site with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and site with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
My site reserves the right, in its sole discretion, to change the Terms under which my site is offered. The most current version of the Terms will supersede all previous versions. My site encourages you to periodically review the Terms to stay informed of my updates.
Last Updated: October 16 2023
