Terms of Service for www.theturnpikescrolls.com (Version 2.0)

These Terms of Use spell out what you can expect from Douglas J. Snyder (“me”, “I”, “my”, etc. ) and what I can expect from you in using  www.theturnpikescrolls.com (“my website”). Each time you access my website, you are agreeing again to these terms of use.

By accessing any areas of my website, including restricted-access content, you agree to be legally bound and to abide by these terms of use. My website is owned by me and operated by WebWize Inc.  located in the State of Texas. Below, any references to my website mean any one or more of me and my website.

I.  Trademarks.

A.  THE TURNPIKE SCROLLS® is Registered in the U. S. Patent and Trademark Office and is one of the trademarks I own. THE TURNPIKE SCROLLS®; is also the series title for my, now three, adventure series novels. THE TURNPIKE SCROLLS®, other marks, graphics, and the look and feel of my website are also protected by U.S. Trademark Law. You may not use aspects of my website protectable under any trademark laws without my express and advance written approval. Any third-party materials you may see on my website are the property of their respective owners.

II. Copyrights.

A.You acknowledge that my website contains any one or more of data, software, typefaces, graphics, music, sounds, digital sound recordings, and other materials protected by copyright and other laws. More specifically, my website contains fictional content I created and may make available to you by providing you with a password.  For example, by using the password to enter the restricted-access content of my website, you may be able to access any one or more of samples of my fictional works as follows: (1) streaming audio, (2) downloadable mp3 audio file, (3) downloadable text, (4) e-book format, and (5) other formats whether currently known or not. If you request a password from my website and receive one from me, you agree to keep that password secret. Sharing such a password would be a violation of the Digital Millennium Copyright Act. Further, you agree that any materials you access or download from my website are solely for your personal use. You may not copy, adapt, distribute, display or perform materials you stream or download from my website. You may not remove copyright and trademark notices from those restricted-access materials. You are prohibited from removing my trademarks from restricted-access materials. In most cases, doing something you have agreed not to do under this paragraph would likely constitute copyright infringement, and other actionable offenses under the law. In some cases, there may be an applicable exception (e.g. copyright fair use exceptions), but it is up to you to prove that point at the appropriate time.

III. DMCA Copyright Policy and Copyright Agent.

A.   It is my intention to respect the IP rights of others. I expect you and others to the same. I may remove from my website content that, in my sole discretion or on the advice of my counsel, appears to infringe the IP rights of others. If you believe that material on my website infringes your IP rights, please notify my copyright agent at notices@culottalawfirm.com and provide the following information: (1) A physical or electronic signature of the person authorized to act on behalf of the owner of the IP right, (2) An identification of the IP claimed to have been infringed, (3) A detailed description of the material that you claim is infringing, so that Company may locate it, including the URL where the infringing material appears, (4) Your address, telephone number and email address, (5) A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the IP owner, its agents, or the law, (6) A statement made under penalty of perjury by you that the information you submit in connection with the notice is accurate and that you are authorized to act on behalf of the owner of the IP rights involved.

IV. Your Submissions & Communications.

A. If you submit content to any area of my website, including any reviews, surveys, chat room discussions, postings, correspondence with me, statements, etcetera, you hereby grant, or warrant as the case may be, that the owner of such content has expressly granted to me: (1) a royalty-free, perpetual, irrevocable, nonexclusive right and license to copy, adapt, display, distribute, display and perform the content in whole or in part; (2) to incorporate the aforementioned into other works in any form, media or technology currently known or later developed, (3) that all permissions and licenses hereunder are for the full term of any copyright that may exist in such aforementioned content. Subject to your permissions provided under this paragraph, you reserve any rights which may exist in such content.

V. Online Conduct.

A. You agree to use my website only for lawful purposes. You promise not to post on, or transmit through, my website any unlawful content that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. For example, you promise not to post defamatory or sexually explicit content.

B. I reserve the right to prohibit conduct, communications or content on my website that I deem, in my sole discretion, to be (1) harmful to other actual or potential users of my website, (2) harmful to any third party, and (3) that, on the advice of my counsel, violate any applicable law. Neither my website nor its providers can ensure prompt removal of questionable or infringing content after posting content to, or through, my website. Accordingly, neither me, my website, or its providers assume any liability for any action or inaction with respect to conduct, communication or content on my website.

VI. Termination of Usage.

A. I may suspend or terminate your access to any one or more of: (1) my website, and (2) restricted-access content that I give you access to. I may do this without prior notice to you.

VII. Usage By Children Under 13.

A.    Neither I or my website can prohibit minors from visiting my website. I am relying on parents, guardians and those responsible for supervising children under 13 years of age to decide whether my website and content is appropriate for such children to view.

VIII. Disclaimers & Limitations of Liability.

A.  You expressly agree that your use of my website is at your sole risk. Neither me, my website or its providers, any employees, agents and representatives to any of the aforementioned, warrant that my website will be uninterrupted or error free. Additionally, none of the aforementioned make any warranty as to the accuracy, reliability, information, or currency thereto, of any content on my website.

B. My website is a vehicle for me to showcase my originally-created fiction works. The fiction works I create are just that. Fiction. Any resemblance to actual events or persons, living or dead, is entirely coincidental.

C.  MY WEBSITE IS PROVIDED BY ME AND MY PROVIDERS AND EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THE AFOREMENTIONED (COLLECTIVELY, “THE GROUP MEMBERS”). MY WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE GROUP MEMBERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MY WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON MY WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GROUP MEMBERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE GROUP MEMBERS ARE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF MY WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MY WEBSITE OR ANY OF THE GROUP MEMBERS CREATES A WARRANTY. IN THE EVENT THAT YOU CONSTRUE THE CONTENT ON MY WEBSITE AS ADVICE OR INFORMATION, YOU AGREE NOT TO RELY ON THAT CONTENT AS INFORMATION OR ADVICE FOR ANY PURPOSE.

D.  UNDER NO CIRCUMSTANCE SHALL THE GROUP MEMBERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAKING MY WEBSITE OR CONTENT AVAILABLE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, MY WEBSITE OR CONTENT, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM MY WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, MALWARE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MY WEBSITE’S RECORDS, PROGRAMS OR CONTENT. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH APPLIES TO MY WEBSITE AND ALL CONTENT AVAILABLE THROUGH MY WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IX. Applicable Law.

A. My website is created and controlled in the State of Texas. As such, the laws of the State of Texas govern these terms and conditions, including the disclaimers and limitations of liability herein, and do so without giving effect to any principles of conflicts of laws. I reserve the right to make changes to my website, these terms of use, and more specifically, the disclaimers and limitations of liability. I reserve the right to do so at any time and without prior notice to you.

B. EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN A TEXAS JUSTICE COURT (formerly known, for example, as a small claims court), ALL DISPUTES ARISING EXCLUSIVELY OUT OF THESE TERMS OF USE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU HEREBY WAIVE AND AGREE TO WAIVE THE RIGHT TO TRIAL BY A JURY. YOU HEREBY AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

C.  If you proceed in a Justice Court, you consent to the exclusive jurisdiction of the Justice Court located in in Harris County Texas Precinct 8 Place 2 Courthouse in the City of Houston located at 16603 Buccaneer Ln., Houston, TX 77062. Each party irrevocably consents to such personal jurisdiction and waives all objections thereto.

D. However, if either of us requests binding arbitration in writing, the dispute must be resolved by binding arbitration. You and I agree as follows. The arbitration will be administered by JAMS (www.jams.com) pursuant to its pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as amended by these terms of use. If there is a hearing, the arbitrator will conduct that hearing by remote electronic means, for example, a video conference or a conference telephone call. Conduct of administered arbitration by electronic means, including any hearing, is intended to be in lieu of in person proceedings. However, if any of the arbitrator, you or I so requests, an in-person meeting may be conducted in lieu of by electronic means. Any such in-person meetings will be held at The Friendswood Mediation Center located at 205 E Edgewood Dr, Friendswood, TX 77546, or if not reasonably available, another location in Houston, Texas, or nearby. If you, Company and the arbitrator are unable to agree upon a mutually convenient location in or nearby Houston, Texas; then the arbitrator will decide the location in Houston, Texas. The arbitrator’s decision will follow these Terms of Service and will be final and binding. The arbitrator will have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed by and enforced in any court having jurisdiction. The courts of the state of Texas (venue in Houston, Texas) will have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the arbitration.

E.  Nothing in these Terms of Service preclude you from bringing issues to the attention of appropriate local, state or federal government agencies. If applicable law allows, such agencies may be able to seek relief on your behalf.

X. Severability.

A.These terms of use are intended to be severable. If, for any reason, any provision of these terms of use are held invalid or unenforceable, in whole or in part, in any jurisdiction, then such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. .

XI. Contacting Me

A.  You may contact me through my website.

B.  You may also contact me at the following address:  P.O. Box 7734, Houston, TX 77270.

XII. Posting Date & Update History

A.   Version 2.0 posted on my website on 30 March 2022.