PAT’S OLD WOOD TERMS & CONDITIONS
Welcome to Pat’s Old Wood, a website owned and operated by Patrick T. Lynch, a natural person residing and doing business in the Commonwealth of Virginia. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Pat’s Old Wood,” “PatsOldWood.com,” “us,” “we,” and “our,” refer to the owner of this website, Patrick T. Lynch, or our website, PatsOldWood.com, as is appropriate in the context of the use of the words. The plural “us,” “we,” and “our” are used notwithstanding the current status of this business as a sole proprietorship, as more than one person may be employed or contracted to manage or otherwise promote this website. The words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Pat’s Old Wood” refers to the sole proprietor who owns this website (Patrick T. Lynch), our Site, or our Service, depending on the context of the usage;
“Service” refers to the services that we provide through our Site, including but not limited to our blog, advertising, and general information services;
“Site” refers to our website, www.PatsOldWood.com;
“User” refers to you and any other person who uses our Service, or visits our Site;
“You” refers to you, the person who is entering into this Agreement with Pat’s Old Wood.
3. Description of Service
Pat’s Old Wood is a blog providing information on lifestyle interests. Our blog topics may include, but are not limited to, health, beauty, natural remedies, charities, participation in affiliate programs, and free advertising for US military and law enforcement entrepreneurs. We encourage network building using content and recommendations for items of interest on the site and, subject to this Agreement, anyone can access and participate in the activities of the Site and its content.
4. FTC Affiliate Marketing Notice
Pursuant to the Federal Trade Commission Act, you are hereby notified that Pat’s Old Wood may, but is not obligated to, utilize affiliate marketing to promote the products or services that the author or any other person may have an interest in promoting. Generally, such products or services will have first been tried by the author, however this should not be assumed unless explicitly stated in the article itself.
You are hereby informed that the author, owner of this Site, or some other party, or a combination of all three, may receive compensation for any items marketed through this Site, regardless of whether they are advertised by means of general banner advertisements, articles, e-mails, or otherwise. You should therefore treat any product endorsement or promotion on this Site as a paid promotion and conduct your consumer activities accordingly.
5. Information Supplied
When using our website, you may be required to provide all or some of your name, e-mail address, mailing address, telephone number, website link, military or law enforcement affiliation, years of service, and any other information that would support your content or participation on our Site, or which we deem relevant to collect.
Under no circumstances may you submit information to us, whether through e-mail, contact form, or otherwise, if you are under the age of thirteen years of age. This is to comply with the Children’s Online Privacy Protection Act, over which we have no control. We apologize for any inconvenience that this may cause.
All opinions, advice, and other content provided on Pat’s Old Wood is for informational purposes only and should not be relied upon as being anymore authoritative than your own opinion. Without limiting the generality of the foregoing, any health or natural remedy articles are for informational purposes only, as opposed to being instructional, and you should consult a licensed physician or other licensed medical professional in your jurisdiction should you have any health issues or inquiries. You hereby release us from any liability for injury, financial loss, or any other harm which may arise from the use of our Service, and you agree not to name us as a party in a lawsuit relating to our Service or any transactions that you may make with third parties discussed on our Site.
7.1 Our Copyright
As a content provider, the prevention of the duplication of our content is crucial to maintaining our Site’s reputation. You therefore agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, aggregating our content, rewriting it and/or reposting it elsewhere.
7.2 Your Copyright
We may permit guest article submissions, User-uploaded comments, or other content to be uploaded by you. However, we cannot permit the uploading of content where it would infringe on someone else’s intellectual property rights and subject us to potential legal issues, or be requested by you at a later date to be taken down. Therefore, you agree to grant us a universal, perpetual, irrevocable, commercial and non-commercial, sublicensable right to use any content which you upload to us. You also warrant to us that you have the right to grant such a right to us when uploading content, and that you will indemnify us for any loss as a result of a breach of this warranty.
“Pat’s Old Wood” is a trademark pending and service mark used by us to uniquely identify our Site and our Service. It has been submitted for protection to the United States Patent and Trademark Office and has is recorded with the same under Serial Number (pending). Additionally, the mark is protected generally under federal law by the Lanham Act, as well as by state law under the common law rules on “passing off,” as well as on both levels through various statutes regulating competition. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
9. Revocation of Consent
Where Pat’s Old Wood has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. We therefore recommend that, if granted such permission, you do not use our intellectual property in any manner that would result in a loss if we exercised our right to revoke consent to use that intellectual property.
Pat’s Old Wood may, but is not obligated to, post free advertisements for U.S. military and law enforcement entrepreneurs. Such advertising must not be fraudulent or negligent, violate consumer safety laws, defame anyone, infringe on anyone’s intellectual property rights, or otherwise be in violation of any law. Pat’s Old Wood reserves the right to reject, edit, or remove advertising at any time without any notice whatsoever, and will not be responsible for any loss arising therefrom.
11. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Pat's Old Wood Copyright Agent
25050 Riding Plaza
South Riding, VA 201052
If sending the notification by e-mail, an electronic signature is acceptable.
Additionally, although no similar procedure exists under American law for trademark infringement, we recommend following a similar procedure as that described above to notify us of alleged trademark infringement, so that we can take prompt action to correct the infringement.
12. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR OR OUR USERS’ GOODS OR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSS OR INJURY CAUSED BY THE INFORMATION PROVIDED ON OUR SITE, NOTWITHSTANDING ANY STATEMENTS MADE TO THE CONTRARY ANYWHERE ELSE. THIS RELEASE OF LIABILITY AND ALL OTHERS IN THIS SECTION AND THE AGREEMENT IN GENERAL TAKE PRIORITY OVER ANY OTHER STATEMENTS, TERMS, OR AGREEMENTS UNLESS EXPRESSLY STATED OTHERWISE.
WE ARE NOT RESPONSIBLE FOR ANY AFFILIATE PRODUCTS OR SERVICES, AND ANY ISSUES WITH SUCH THIRD PARTIES MUST BE ADDRESSED DIRECTLY WITH THEM.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in the Commonwealth of Virginia. The offer and acceptance of this contract is deemed to have occurred in the Commonwealth of Virginia.
15. Forum of Dispute
In order to limit the costs and complexity of legal proceedings against Pat’s Old Wood, you agree that any dispute naming Pat’s Old Wood, Patrick T. Lynch, or a party acting for or on behalf of Pat’s Old Wood arising from or relating to this Agreement will be heard solely by a General District Court of the Commonwealth of Virginia. You agree that even if you may be entitled to a monetary, equitable, or other remedy exceeding the jurisdiction of the General District Court, you will waive your right to that remedy and still bring your action within the General District Court. In the Commonwealth of Virginia, the General District Courts have monetary jurisdiction over up to $25,000, meaning that even if you would otherwise have the right to recover more than $25,000 in damages from us in a case, you agree that you will only sue for up to $25,000.
If the subject matter of a dispute includes multiple claims, at least one of which is eligible to be heard in a General District Court, you will release us from liability for the ineligible subject matter and will instead proceed with the eligible subject matter within a General District Court. For example, a claim alleging both copyright infringement and breach of contract must be brought only in the General District Court, and the claim for copyright infringement must be discarded.
If, after the application of these Forum of Dispute provisions, your claim is still ineligible to be heard in the General District Court, you agree that the dispute shall be heard in the next most summary manner available in a court of competent jurisdiction.
You agree that all of these provisions apply notwithstanding any rights to a Form of Dispute that would normally be operative, including but not limited to those found in 28 U.S.C. § 1332.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in a case brought within a General District Court, the awarding of costs, attorneys’ fees, and other expenses shall be governed by the rules of the General District Court.
You agree that in a case brought outside of a General District Court, the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Pat’s Old Wood shall have the sole right to elect which provision remains in force.
In the event of a breach of this Agreement by you, or other actionable conduct, we may not take action against you, either knowingly or unknowingly. Such a failure to act on our part against you, or anybody else, for actionable conduct, should not be considered a waiver of our rights under this Agreement or under any applicable laws.
19. Termination & Cancellation
We may terminate our provision of services to you, without explanation, though we will strive to provide a timely explanation in most cases. We will not be liable to you for any loss, regardless of why we terminate the provision of our services.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here and add a note indicating when this Agreement was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
22. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about PatsOldWood.com must be addressed to our agent for notice and sent via certified mail to: Patrick T. Lynch, 25050 Riding Plaza, Suite 130-625, South Riding, VA 201052
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: May 22, 2020