Terms of Use

Please read these Terms of Use before using this website

Effective Date: These Terms of Use were last updated on January 13, 2013, and are effective immediately on posting the Agreement to the Website.

These Terms of Use set forth the standards of use of the website located at www.goodonesaregone.com (the “Website”). By accessing or using the Website, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should immediately cease all use of the Website. You should review this Agreement regularly, as the producer/owner of the Website (the “producer”) reserves the right, at any time, to modify, alter, or update the Terms of Use without prior notice.  Modifications shall become effective immediately on being posted on the Website.  Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as provided in this paragraph, these Terms of Use may not be amended.

1.      Disclaimer of Warranties

The Website is provided on an “as is” and “as available” basis.  To the fullest extent permitted by applicable law, the producer makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise.  The producer shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website.  THE PRODUCER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. THE PRODUCER DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the producer’s liability is limited to the greatest extent permitted by law.

2.      Limitations of Liability

IN NO EVENT SHALL THE PRODUCER OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR SERVICE PROVIDERS be liable for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, or the inability to use the website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Producer or its representatives been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, the producer’s liability is limited to the greatest extent permitted by law.

3.      Indemnification

You agree to indemnify and hold the producer and its employees, agents, representatives, sponsors and service providers harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Website, the violation of these Terms of Use, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. The producer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without the producer’s written consent.

4.      Modifications and Interruption to Service

The producer reserves the right to modify or discontinue the Website with or without notice to you. The producer shall not be liable to you or any third party should the producer exercise its right to modify or discontinue the Website. You acknowledge and accept that the producer does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of the producer’s control.

5.      Third Parties and Third-Party Sites

The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that the producer is not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the producer is not responsible therein. If a third party links to the Website, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with the producer or this Website. The producer makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk.

6.      Governing Jurisdiction of the Courts of Tennessee

The Website is operated and provided in the State of Tennessee.  As such, the producer is subject to the laws of the State of Tennessee.  Any legal issues arising from or related to your use of or visit to this Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to the Website. By using this Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. The producer makes no representation that the Website is appropriate, legal or available for use in other locations.  Accordingly, if you choose to access the Website, you agree to do so subject to the internal laws of the State of Tennessee.

7.      Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with all such laws.  You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You shall not post or transmit through the site any material that violates or infringes in any way upon the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You are prohibited from using this Website to facilitate mail abuse or unsolicited email of any type (spam). You further agree that you will not use the Website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. The producer reserves the right to refuse service to users for any reason.

8.      Posted Messages and Calendar Submissions

The producer does not guarantee that it will edit or delete posts or calendar submissions (collectively, “posts”). The producer is not responsible or liable for any post. Posts express the views of the author of the message, not the views of the producer. Any user who feels that a post is objectionable is encouraged to contact the producer immediately by email at aeverhart@aeverhart.com. The producer reserves the right to reveal your identity (or whatever information the producer knows about you) if a complaint or legal action arises from your behavior. By posting a message or submitting a calendar entry, you warrant and represent that you own or otherwise control all rights to your post. Unless otherwise specified, the producer does not claim ownership of your posts. By posting the message or submitting the calendar entry, however, you are granting the producer permission to use the post in connection with the Website. You acknowledge that the producer is not responsible for the accuracy of any posts and that you and not the producer are solely responsible for the post.

9. Copyright and Trademark Information

All content included or available on the Website, including website design, text, graphics, interfaces, and the selection and arrangements thereof, trade dress, trademarks, service marks and copyrighted materials, is the property of Amy J. Everhart and/or her licensors, and she reserves all rights in such content.  Any use of content or materials on the Website, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Amy J. Everhart or her authorized agent is strictly prohibited.  The name, logo and word marks Good Ones Are Gone™, All the Good Ones Are Gone® and Good Ones™ are the proprietary trademarks of the producer. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark of the producer or its licensors without the producer’s prior written permission. All trademarks displayed on the Website that are not the property of the producer are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those individuals or entities.  In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those individuals or entities endorse or have any affiliation with the Website or the producer.

10.  Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the producer designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Infringement Claim

Good Ones Are Gone
P. O. Box 58174

Nashville, TN 37205

By Email: aeverhart@aeverhart.com

By Facsimile: 615-800-8918

By Phone: 615-800-8919

To be effective, the notification must be in writing and include the following:
An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the location of the infringing material and information reasonably sufficient to permit the producer to locate the material;
Your contact information, including your address, telephone number, and email address;
A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11.  Other Terms

If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that these Terms of Use and any other agreements referenced herein may be assigned by the producer, in its sole discretion, to a third party.  These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between the producer and you in relation to your participation as a user of the Website.  The producer’s failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.