Acceptance of Terms of Use

The following terms and conditions, together with any referenced documents (collectively, “Terms of Use”) are a legal agreement between you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and Todd Yancey (“Todd Yancey,” “we,” “us” and “our”). Except as otherwise provided herein, the Terms of Use apply to Todd Yancey’s public websites, including without limitation www.toddyancey.com (collectively “Website”).

These Terms of Use form a binding contract between you and us when accepted by you. You accept these terms of use by accessing or using the Website. If you do not agree to these Terms of Use, you may not use the Website. This Website is offered and available only to users 18 years of age or older. The individual accepting these Terms of Use represents that he or she is of legal age to form a binding contract with us, and, to the extent accepting these terms on behalf of an entity, has the authority to represent the entity. If you do not meet all these requirements, you must not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Notice, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or Privacy Notice, you must exit the Website.

Access

We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

Accounts

To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify Todd Yancey of any unauthorized use of your user name or password or any other breach of security. Todd Yancey has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

Todd Yancey Products

The “Website” does not include the Todd Yancey products or services, and these Terms of Use do not govern the use or provision of any Todd Yancey or Todd Yancey partner product or service, regardless of whether such use is on a free, trial, or paid basis. You may initiate trials of certain Todd Yancey products and services through the Website; the provision of those trials is governed by the Todd Yancey Terms and Conditions and is not subject to these Terms of Use.

Use of the Website

Posting and User Content

You and other third‑party users of the Website may be permitted to post, submit, contribute, publish, display, make available or transmit to others (hereinafter, “post”) information, data, or other content, including but not limited to executable scripts, files, code, APIs, webhooks, keys, URLs, applications or other materials (collectively, “User Content”) on or through the Website. Unless otherwise expressly provided, User Content is considered non‑confidential and non‑proprietary, and you hereby grant to Todd Yancey a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Content that you post for any purpose. We are under no obligation to post or use any User Content, and reserve the right to edit or remove User Content in our sole discretion. Notwithstanding anything to the contrary in any agreements between you and us, you are wholly liable for the User Content that you submit and all use thereof, and Todd Yancey shall have no liability for such User Content or use. You represent and warrant that you own, or have a right of use from a third party, the User Content that you submit for the purpose for which you submit it.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking.

Acceptable Use

You agree to comply with the following code of conduct in your use of the Website:

• Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
• Respect your audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other users.
• User Content may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
• Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.

Prohibited Uses

You agree not to access or use the Website in any manner that violates applicable law; that violates the rights of any person or entity; that transmits offensive materials; that attempts to gain unauthorized access to accounts, data, systems, or identifiers; that is false, deceptive, misleading or fraudulent; that transmits protected health or sensitive personal information except as necessary in connection with a transaction; for unauthorized recruiting, advertising, solicitation, or spam; that copies materials for unauthorized purposes or via automated means; or that may have a detrimental effect on the Website’s function, user interaction, or security (including unauthorized access attempts, interception, overburdening, interference, introduction of malicious code, unauthorized penetration or vulnerability testing, or denial-of-service activity).

Third-Party Content & Materials

Mention of third parties and third‑party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third‑party product specifications and descriptions are supplied by the respective vendors or suppliers, and Todd Yancey shall have no responsibility with regard to the selection, performance or use of such vendors or products.

Links to non-Todd Yancey sites are provided solely as pointers to information on topics that may be useful to users of the Website, and we have no control over the content on such sites. If you choose to link to a site not controlled by Todd Yancey, we make no warranties, either express or implied, concerning the content of such site, nor do we warrant that such sites or content are free from infringement or contamination. Links to non-Todd Yancey sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites.

Intellectual Property

The Website in its entirety is owned by Todd Yancey or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Todd Yancey. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website content without Todd Yancey’s express prior written consent or except as expressly provided in these Terms of Use.

The Website includes marks and trademarks that belong to us, including, without limitation, Todd Yancey, the Todd Yancey logo, and other Todd Yancey marks. Other words, symbols, and company product names may be trademarks of the respective companies with which they are associated. There are no implied licenses under these Terms of Use. Todd Yancey reserves all rights not expressly granted to you herein.

Monitoring, Enforcement and Feedback

Todd Yancey may remove or refuse to post any User Content and/or terminate your access for any reason in our sole discretion; disclose your identity to any third party who claims that material posted by you violates their rights; and take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.

Todd Yancey shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website or the Todd Yancey products and services.

Disclaimer of Warranties

AS BETWEEN YOU AND TODD YANCEY, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED TO YOU BY TODD YANCEY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TODD YANCEY NOR ANY PERSON ASSOCIATED WITH TODD YANCEY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL TODD YANCEY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR SUBMISSION OF USER CONTENT, OR YOUR USE, OR INABILITY TO USE, THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. FURTHER, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS TODD YANCEY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AGAINST ANY CLAIM, LOSS, DAMAGE, SETTLEMENT, COST, EXPENSE OR OTHER LIABILITY (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR RELATED TO ANY USER CONTENT YOU SUBMIT.

Regional Legal Considerations & Export Restrictions

Todd Yancey is based in the state of California in the United States. The Website can be accessed from countries around the world. Access to the Website may not be legal by certain persons or in certain jurisdictions. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all laws applicable to you, including local laws.

You may not access, download, use or export materials posted to the Website in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority. You represent and warrant that you are not located in, and shall not use the Website from, any country that is subject to U.S. export restrictions.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them (in each case, including non‑contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of laws provision or rule. The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be state and federal courts in San Mateo County, California, and the parties agree to service of process in accordance with the rules of such courts.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.