These terms and conditions of use (these “Terms and Conditions”) represent an agreement between you and Ponder Company, Inc. (“Company” or “it”) and govern your use of the website at www.johnfclark.com (the “Site”) and any products or services made available from time to time using the Site (the “Product or Products”). The Site and the Products are referred to collectively in these Terms and Conditions as the “Services.” By using any Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms and Conditions.
1. Services
The Company grants you a non-exclusive, non-transferable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only by these Terms and Conditions. It reserves all rights that it does not expressly grant in these Terms and Conditions. The Company may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of my other rights or remedies at law, in equity or under these Terms and Conditions, it may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or canceling your obligation to make installment payments where applicable, if it determines, in it’s sole discretion, that you have breached or violated any of the provisions of these Terms and Conditions.
2. Your Conduct
You agree that you will not:
- use the Services in a manner that:
- violates any applicable international, federal, state, or local laws, regulations, rules, ordinances, statutes, requirements, codes, or orders of any governmental or judicial authorities;
- is fraudulent, deceptive, or misleading;
- is threatening, harassing, discriminatory, libelous, defamatory, pornographic, or obscene;
- violate anyone’s rights of privacy, publicity, or other rights;
- violates any contractual or fiduciary obligations;
- infringes on any copyrights, trademarks, service marks, trade secrets, patents, or other intellectual property rights (collectively, “Intellectual Property Rights”);
- harms the Company, reputation, or ability to provide Services or
- would otherwise be reasonably deemed objectionable under the circumstances;
- violates any program guidelines applicable to the use of particular Products or interferes with, impairs, or disrupts the ability of others to use such Products;
- use the Services to impersonate any person or entity, falsely state or otherwise misrepresent your affiliate with a person or entity, or provide inaccurate information;
- violate or attempt to violate the security of the Services;
- reverse engineer, decompile, or disassemble any portion of the Services;
- “scrape” information from the Services by automated means;
- interfere with the ability of others to permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
- use, redistribute, or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by the Company; or
- reproduce, modify, display, distribute, sell, resell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit, or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms and Conditions.
3. Proprietary Rights
The Company owns the Services, including the Products, and any graphics, photographs, images, artwork, text, fonts, software, and other technology, and the contents, design, layout, functions, appearance, and other intellectual property comprising the Services. The preceding ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the preceding, the Services contain proprietary material of the Company, which is protected by copyright and other laws respecting proprietary rights. Copyrights also protect the Services as a collective work and/or compilation under U.S. copyright laws, international conventions, and other copyright laws. The Company retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms and Conditions.
4. Representations and Warranties
You represent and warrant:
- that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein and
- that you are at least eighteen (18) years old.
5. Indemnity
You agree to indemnify, defend, and hold harmless the Company and its affiliates, and all offices, directors, owners, agents, or licensors thereof (collectively, the Indemnified Parties”) from and against any losses, damages, liabilities, and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of the Products, or any breach by you or any user of your account of these Terms and Conditions. You shall cooperate as fully as reasonably required to defend any such claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification
6. Disclaimers; Limitations of Liability
- You assume all responsibility and risk for your use of the Services. The Services, including any Products, are provided “as is” without representations or warranties of any kind, express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
- While the Company makes reasonable faith efforts to include substantially accurate information in the Services, errors or omissions may occur. If the Company receives notice of errors or omissions, it will make reasonable efforts to correct them promptly. Still, it makes no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Services, that the Services will meet your requirements, or as to the results that will be derived from using any of the information included in the Services.
- In no event shall the Company or its affiliates be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the Services. Its liability for any direct damages shall be limited to the fees you have paid for the Products giving rise to such liability. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; thus, the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, the Company’s maximum liability or any damages shall be limited to the lesser of:
- a refund of the amount paid for the Product or
- $100.
- You assume all responsibilities and obligations concerning any decisions, advice, conclusions, or recommendations made or given as a result of using the services, including any decision made or action you took in reliance upon Products. The Services shall not constitute or be construed as a recommendation, solicitation, offer, or opinion by the Company or its affiliates, principals, or content providers for any financial transaction or the purchase of any financial instrument, including but not limited to securities or any investment. Past performance is no guarantee of future results.
- You assume all responsibility and risk for your use of the Services. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Services. All information provided in connection with the Services is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. None of the information provided in connection with the Services shall be construed to constitute medical, psychological, financial, accounting, legal, or other professional advice; the Company urges you to consult an appropriate licensed professional if you seek any such advice.
7. Law; Jurisdiction
These Terms and Conditions shall be governed by the laws of the United States of America and the State of Texas without regard to conflict of laws rules. You and the Company agree that any action or dispute will be resolved exclusively in the State or Federal courts located in Dallas County, in the State of Texas.
8. Privacy
Your use of the Services is subject to the Privacy Policy. By using any Services, you acknowledge and consent to the Company’s collection and use of information as outlined in the Privacy Policy.
9. Changes
The Company may modify these Terms and Conditions at any time by posting changes on the Site; however,
- these changes will only become effective and binding concerning you after the Company provides notice on the Site that these Terms and Conditions have changed and you first use any of the Services following the date of such posting,
- the changes will only apply concerning your use of the Services after such changes become effective and
- any change in payment obligations will only apply to your subsequent purchases on or using the Services.
If you find these Terms and Conditions unacceptable and disagree with them at any time, you will thereafter have no right to use or access the Services.
10. Digital Millennium Copyright Act
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to sales@johnfclark.com or in writing to Ponder Company, Inc. 4434 W Lovers Lane Dallas TX 75209.
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that you do not authorize the disputed use, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. Links
The Services may contain links to websites that the Company does not operate. It is not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
12. Miscellaneous
No joint venture, partnership, employment, or agency relations exist between you and the Company as a result of these Terms and Conditions and/or your use of the Services. These Terms and Conditions shall be effective as of the date you accept. These Terms and Conditions represent the entire agreement between you and the Company concerning the subject matter hereof and supersede any prior understandings, statements, or representations, whether electronic, oral, or written, regarding the Services. The Company may assign these Terms and Conditions at its discretion. You may not assign these Terms and Conditions. No waiver of any obligation or right of either party shall be effective unless, in writing, executed by the party against whom it is being enforced. In addition to monetary damages, the Company shall be entitled to seek equitable relief where appropriate if you breach any of these. Terms and Conditions. These Terms and Conditions are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms and Conditions are used for convenience only and are not to be considered when construing it. All references herein to “including” and variations thereof shall be deemed to mean “including, but not limited to.” All references herein to “it” shall be deemed to refer to Ponder Company. All references to “you,” “your,” or variations thereof shall be deemed to refer to you individually if you are entering into these Terms and Conditions on an individual basis and to the corporation, partnership, or other organization or legal entity that you represent if you are entering into these Terms and Conditions on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with johnflclark.com. Notices to the Company shall be emailed to sales@johnfclark.com or in writing to Ponder Company, Inc. 4434 W Lovers Lane Dallas TX 75209.