TERMS & CONDITIONS

TERMS AND CONDITIONS

Effective July 1, 2020.

Gene Stout values your privacy.

Welcome to Gene Stout’s website.  The goals of the web site include providing customers and others with information about Gene. To promote a safe, non-offensive environment for all visitors to the web site, we have established these Terms of Use. By accessing any areas of the web site, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this web site. These terms may be changed from time to time at our sole discretion.

GOVERNING PRINCIPLES

With stated exceptions, these terms shall be governed by the laws of New Jersey. If any provision of these terms is unenforceable, it shall not affect the validity or enforceability of the remaining terms. The terms are for the benefit of Gene Stout, his affiliates, and any third party who has agreed to have its content posted on this web site.

LIMITED LICENSE

The materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. You may not copy reproduce, republish, download, print, upload, post, transmit, distribute and/or exploit the content or information contained on the Web Site for commercial use in any way (including by e-mail or other electronic means) without the prior written request of GENE STOUT. You agree that GENE STOUT may, in his sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice.

LINKS

This Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Gene Stout’s control, and Gene and his provider are not responsible for, and do not endorse, such content, whether or not Gene Stout or his provider is affiliated with the owners of such Linked Sites. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Gene Stout, or its affiliates or Providers. This website also incorporates Google Maps. Click Here for the Google Maps Terms of Use.

PRIVACY

Gene Stout operates the web site at www.genestoutartist.com (“Site”).

We respect the privacy of each user of the Site (referred to as “you” or “a user”), whether you are just beginning your search or have already become a client. This Privacy Statement gives you specific information about how we protect your privacy, how we treat information we collect on the Site that identifies an individual user (“Personal Information”), and how we use aggregated information. This privacy statement also describes your choices and rights regarding the use, access and correction or deletion of your user information.

BY REGISTERING FOR OR USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THIS PRIVACY STATEMENT, YOU CANNOT USE THE SITE. We reserve the right to modify this Statement at any time by posting a notice on the Site’s home page. (If we consider it appropriate, we may also provide additional notice of significant changes.) Your use of the Site after the date of the last modification listed at the beginning of this Privacy Statement indicates to us that you agree to the changes. If you are located in the EU, you will also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technologies.

Notice to EU Individuals: This Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the General Data Protection Regulation or GDPR) and provide appropriate protection and care with respect to the treatment of your user information in accordance with GDPR.

SECURITY

Location of Servers and Transfer of Information to the United States

We care about the protection of your user information and use industry standard safeguards to do so. Of course, it’s important to keep in mind that no data transmission on the Internet is guaranteed to be 100% secure.

The Site is owned by Gene Stout and hosted by servers in the United States. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with this Privacy Statement.

Your information is stored on Gene Stout’s servers located in the United States. We use industry standard physical, electronic, and organizational safeguards to protect your user information against loss or theft as well as unauthorized access and disclosure to protect your privacy. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, “perfect security” does not exist on the Internet. If you are concerned that your privacy may have been breached, please contact us as provided below.

Collection and Use of Your Personal Information

We collect your Personal Information on the Site in order to enhance the services we offer you. We collect Personal Information from you only when you voluntarily submit it in order to obtain certain services or information, including (A) registrations for special communications; (B) requests for services; (C) requests to contact us; (D) requests to receive periodic industry updates; (E) requests to email information to a friend; and (F) applications for employment. For example, we use aggregated information to develop content targeted to user interests and to generally improve the Site’s user experience. As detailed below, your user information may also be used by Gene Stout and his partners to tailor content and ads, provide social media features (e.g., features that allow you to share content directly to your preferred social media platform), track your preferences, analyze traffic, and provide similar services and content. Gene Stout is committed to your privacy and will not share any user information with any third party without your consent, except as outlined in this Privacy Statement or as permitted by law. If you have any requests, comments, or questions about this Privacy Statement or your user information, please contact us in the manner provided below.

Scope of this Privacy Statement

This Privacy Statement applies to your use of this Site only. We do not own, operate or control the web sites of our sales associates. Accordingly, this Statement does not apply to a sales associate’s web site or to a sales associate’s collection, use, storage and disclosure of your Personal Information.

This Privacy Statement does not apply to the activities of the Gene Stout, third party sponsors, advertisers, and other partners that may collect your user information while accessing or using such third party’s services in connection with your use of our Site (e.g. social media and sharing services). The privacy and information practices of those third parties are not covered by this Privacy Statement. To learn more about such third party policies, we encourage you to read and review the privacy statements of each third party service that you may choose to use in connection with the Site. This Privacy Statement applies only to information collected by us.

As a general reminder, please think carefully before you decide to put anything on the internet. For example, if you voluntarily disclose user information in chat areas or bulletin boards (e.g., comments sections), that information could be seen and used by others, and may result in unsolicited messages from others. We are not responsible for the personally identifiable information or other user information you may choose to submit in these public forums. To request removal of your personal information from our blog or community forum, please contact us as provided below. In some cases, we may not be able to remove personal information voluntarily disclosed by you in such forums for legal retention purposes or technical limitations (e.g., the data may not be searchable), in which case, we will notify you if we are unable to do so.

Gathering of Information

If you contact us, we collect Personal Information, which is retained or referred to an associate depending on the nature of your inquiry. Sometimes you may submit it to us yourself, other times it may be collected automatically. You can manage and change your preferences as outlined below.

Information Collected

When you use the Site, your user information may be collected, used, and shared in a variety of manners. As detailed below, the type of user information collected may vary based on how it was gathered, but may include, among other things, your name, email address, and other information that you voluntarily submit (e.g., when setting up an account or submitting a registration or application on the Site, you may submit your contact information, social media account handles, and/or professional information), information automatically collected about your usage of the Site (e.g., the content that you choose to view), and information about you that our third party partners may share with us if such third party partners have previously received your consent to do so.

Voluntary Submission

Gene Stout may collect user information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your e-mail address, when you register to become a member of the Site or register for a Gene Stout produced live event. You may also provide information to Gene Stout in other contexts, including, for example, on your member profile page and public profile URL, to enter into a sweepstakes, contest, or promotion, or to apply for consideration in connection with a Gene Stout list or similar accolade (e.g., Under 30 list applications). In the event you order something from the Site or one of our co-branded websites, we may request additional personal information, such as your address, telephone number and credit card information, in order to complete the purchase. You always have the option not to provide the information we request. If you choose not to provide the information we request, you can still visit most of the Site, but you may be unable to access certain options and services. When you register or become a member of the Site or provide information to Gene Stout in any other manner, you agree to provide only true, accurate, current and complete information. We also supplement the data you provide to us with data from data append services such as public or social graph data in order to better serve you with content or promotions.

Collection of Non-Personal Information

Even if you do not send us any Personal Information, we collect information about how you use our site (“Non-Personal Information”). This information cannot be used to identify you personally and is explained in more detail below under “Non-Personal Information.”

Cookies

A cookie is a small data file that is written to your computer’s hard drive by your web browser. A cookie file can contain and/or automatically collect information, such as a user identification code or IP address, that a website will use to track the pages and number of times you have visited. The data read from these cookies may be linked to personally identifying (PII) and non-personally identifying (non-PII) information.

We and our partners use cookies and similar technologies on the Site to personalize and optimize your browsing experience and the Site by:

Cookies fall into the subcategories below.

Essential Cookies. Certain cookies are used for specific purposes that are essential to your secure use and navigation of the Site. Without them, Gene Stout may not be able to provide core Site functions and features to you, and the Site would not operate as well as you or the Gene Stout would like. These cookies collect and use information such as your server preferences, single-session data and corresponding identifier, web beacons and log files (detailed below), and other credential-related information. For EU individuals, essential cookies also help inform Gene Stout whether you require, or have already been served, an affirmative consent request in connection with the GDPR. Essential cookies include analytics cookies, which provide us data that allows Gene Stout to better understand its users and improve the Site based on what we have learned from that data.

Preference Cookies. Other cookies are used to collect and process information about your preferences and similar choices in connection with the Site in order to optimize your browsing experience (e.g., various local preference settings; which geographically-customized version of the Site and related content you may prefer. Preference cookies include social media cookies, which collect information about your social media usage and other data you may have provided in connection with such usage (if you access the Site through a social media website or mobile application, you may have social media cookies). If you wish to modify or change your social media cookies, please visit and review the settings on your applicable social media account(s).

Advertising Cookies. To help support the Site and further tailor your experience, Gene Stout and its advertising partners (and/or their third party analytics providers) also use cookies on the Site to personalize the content and advertisements you may be shown. Such advertisements use cookies to provide you targeted advertisements that may be more consistent with your interests than non-targeted advertisements. Certain Gene Stout advertising partners may also use cookies to monitor or track the performance of their advertising content, including native advertising content. Gene Stout does not provide user information to advertising partners except in connection with the Site or as required by law.

If you would like to manage your cookie preferences or learn more information about this practice and your right to decline (or opt-out of) cookies placed by some or all of these companies, please click here.

We encourage you to consider keeping your cookies enabled, as if you choose to disable the receipt of cookies from our Site, you may not be able to use or benefit from certain features of the Site, particularly the features that are designed to personalize your experience. To learn more about the use of cookies in online advertising including how to manage or delete them click here.

Most web browsers automatically accept cookies, but generally allow users to modify their browser settings to display a warning before accepting a cookie, to accept cookies only from certain websites, and/or to refuse all cookies.

Web Beacons

We may use web beacons (invisible images often referred to as pixel tags or clear GIFs) on our sites in order to recognize users, assess traffic patterns, identify preferred content and measure site engagement. We may include web beacons in our e-mail messages, including newsletters, in order to count how many e-mail messages have been opened.

Gene Stout and partners (including advertising partners) also use web beacons to collect various data provided by your browser while you are on our Site and elsewhere (i.e., outside of the Site) where we may be acting as a 3rd party. This data is collected in the aggregate, but may include or be associated with other non-PII or PII that users have voluntarily submitted.

Log Files

The Site’s web and ad servers log information about a user’s IP address, browser type and the current URL the user is requesting. This information is always provided by a user’s browser and automatically logged by most websites. These log files are stored in a secure location and used in our internal analysis of traffic patterns within our website.

Nonpersonal Information

Like many sites, we obtain Non-Personal Information such as IP (internet protocol) addresses, browser types, the name of your ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each. A vendor performs this service for us by sending a cookie to gather this information, compile it, and report to us. We use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research, and provide anonymous aggregated reporting for internal audits and third-parties.

Use of Information

We use the Personal Information and the Non-Personal Information we collect on the Site (A) to provide you with the services that you ask to receive through the Site, (B) to receive, if you choose, to receive periodic industry updates, (C) to answer your questions or complaints, (D) to refer you for services; (E) to refer information to a friend, and (F) for analytical purposes to help us improve the Site and for our business generally. We will not use your information without a valid legal reason to do so.

To Target Content and Advertising

To develop and provide content and advertising to you that is targeted to your interests, we use the analytics collected by the systems described above to determine which areas of our website you prefer based upon the frequency of your visits and engagement with those areas. We may make reasonable assumptions based on your browser provided data to target relevant content and advertising to you on our site and elsewhere where we may be acting as a 3rd party. We may also make reasonable geographic and demographic assumptions based on your presented IP address to target relevant content and advertising.

To Provide Interactive Communications from the Site

To enhance your experience we may provide you with interactive communications, such as notifications of activity by topic or contributor to the e-mail address that you provide to us. Such interactive communications are provided only to those users who have expressly provided us with their permission to receive them as part of their user profile.

From time to time we may provide e-mails highlighting new features, promotions or contests on the website to those users who have expressly provided us with their permission to send such communications as part of their user profile.

To Provide Communications from Third Parties

We respect the privacy of our users and will not disclose or distribute our user list to any third party, nor will we permit anyone else to do so. We also do not make available for rental our list of those registrants who have expressly provided us with their permission to receive third party offers as part of their user profile.

Sharing Your Information

We do not rent, sell, or share with third parties the Personal Information we collect from you on this Site except (i) to provide information or services that you have requested, (ii) with your permission, or (iii) under the following circumstances:

The Site contains links to third-party web sites. If you hold your mouse over a link, it will indicate whether clicking the link will send you off our Site. When you click on those links, you will go to a third-party site where you will be subject to that site’s privacy statement and we encourage you to read that policy statement. Please be aware that we are not responsible for the privacy practices of those other web sites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information by those third parties. We remind you to be aware of when you leave our Site and enter a third-party web site, including one of our sales associates, and again encourage you to read the privacy statement on any web site that collects your Personal Information.

Correction/Updating Personal Information

If your Personal Information changes or if you no longer wish to use the Site, you may correct or update your Personal Information or unsubscribe from any industry updates you have requested by modifying or deleting your profile on the Site, writing to customer service at:

GENE STOUT
111 COLTS NECK DRIVE, SICKERVILLE, NJ 08081
or
unsubscribe@christyaschmidt.com

Children

This Site is not directed to children under the age of 18 (“Children”), and we do not knowingly collect any information, including Personal Information, from Children. If you are less than 18 years old, please do not send any user information to us–including information such as your name, address, or e-mail address. We do not knowingly collect (nor do we wish to collect) any personally identifiable information or other user information from children under the age of 16. In the event that we learn we have collected any personal information from a child under the age of 18, we will delete that information from our database and terminate the corresponding account, if any. We encourage you to discuss the Site with your parent or guardian.

Cross-border Transfers

Your user information may be transferred to other countries in connection with your use of the Site. If you access or use the Site outside of the United States, your user information will be transferred to our servers in the United States. Gene Stout participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Gene Stout is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list. Gene Stout is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Gene Stout complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Gene Stout is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Gene Stout may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

California Privacy Rights

Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties [including affiliates that are separate legal entities] during the immediately preceding calendar year for the third parties’ direct marketing purposes and (2) the names and addresses of all such third parties. To request the above information please contact us by writing to customer service at:

GENE STOUT
111 COLTS NECK DRIVE, SICKERVILLE, NJ 08081
or
unsubscribe@christyaschmidt.com
or by using the “Contact Us” feature.

We will respond to such requests within 30 days of receipt. Please note that we are only required to respond to each customer once per calendar year.

Comments and Questions

If you have any questions or concerns about this Privacy Statement, please contact us by using the “Contact Us” feature or by postal mail at:

GENE STOUT
111 COLTS NECK DRIVE, SICKERVILLE, NJ 08081
or
unsubscribe@christyaschmidt.com

How Will I Know if the Privacy Statement Is Changed?

If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Note on Translated Version(s): For your convenience, GENE STOUT may make translated versions of this Privacy Statement available on the Site. In the event that the terms of any such translated version conflict with the terms of the English version, the terms of the English version of this Privacy Statement will control in all instances.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This web site is controlled and operated by Gene Stout, 111 COLTS NECK DRIVE, SICKERVILLE, NJ 08081. All content on this web site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Gene Stout or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Gene Stout. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Gene Stout or the Providers. You may request consent by faxing a request to Gene Stout at 856-516-0328. Without the prior written consent of Gene Stout or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of Gene Stout and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Gene Stout that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice.  Gene Stout retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Gene Stout.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browser such as Microsoft Internet Explorer® may be used without such permission.

DISCLAIMER OF WARRANTIES & LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Gene Stout  DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Gene Stout, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.  Gene Stout DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.  YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT Gene Stout) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Gene Stout, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Gene Stout AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Gene Stout IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, Gene Stout’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Gene Stout, and its Providers, officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

THIRD PARTY RIGHTS

These Terms are for the benefit of Gene Stout and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Gene Stout from its offices within New Jersey. Gene Stout makes no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Gene Stout brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in and for Camden County, New Jersey and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Gene Stout, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY GENE STOUT

Modified  May 24, 2018.