TERMS AND CONDITIONS OF USE

Updated: August 15, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND

CONDITIONS, THEN DO NOT USE THIS WEB SITE.

Benjamin Wright (“Wright”) maintains this web site as a service to his clients, potential clients, and other interested parties. Please visit this web site subject to the terms and conditions set out below.

Copyright and Trademark Information

Copyright © 2023 Benjamin Wright. All rights reserved.

This web site, and the information which it contains, is the property of Wright and his licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

All other product names are trademarks or registered trademarks of their respective owners.

Use of This Web Site and Its Content

Wright may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend Wright from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Wright authorizes you to view, copy, download, and print materials identied as authorized for copying that are available on this web site, subject to the following conditions:

1.The materials may be used solely for noncommercial, informational purposes.

2.The materials may not be modified.

3.Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any materials available on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Wright or such third party that may own the trademark or copyright of material displayed on this web site.

Accuracy of Content and Future Modifications to Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.

Wright reserves the right to make changes to any content or information without obligation to notify any person of such changes.

Standards of User Conduct

You may not use this web site and its related services (the “Site”) to:

(i) transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is or which Wright considers in his sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;

(ii) sell or promote any products or services that are unlawful in the location at which the Content is posted or received;

(iii) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;

(iv) introduce viruses, worms, Trojan horses and/or harmful code on the Internet;

(v) display material that exploits, or otherwise exploit, children under 18 years of age;

(vi) post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;

(vii) promote, solicit or participate in multi-level marketing or pyramid schemes;

(viii) harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;

(ix) impersonate any other person, including but not limited to, Wright;

(x) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age);

(xi) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including with limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;

(xii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or

(xiii) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.

These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.]

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Wright’s copyright agent (identified below) and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3) Your name, address, telephone number and (if available) e-mail address.

4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6) A signature or the electronic equivalent from the copyright holder or authorized representative.

Wright’s agent for copyright issues relating to this web site is as follows:

Benjamin Wright
21 Ithaca circle newton, ma 02462
617-429-3491
benwrighttrumpet@gmail.com

In an effort to protect the rights of copyright owners, Wright maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

Refunds

Any fees you pay to Wright are non-refundable.

No Warranties

INFORMATION AND MATERIALS, PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WRIGHT DOES NOT WARRANT THAT: (i) THE INFORMATION AND/OR MATERIALS ON THIS WEB SITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Wright periodically adds or updates the information and materials on this web site without notice.

It is the user’s responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Wright BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF Wright HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WRIGHT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO WRIGHT DURING THE MOST RECENT THREE-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS WEB SITE.

Links to Third-Party Web Sites

This web site may contain links to non-Wright web sites. These links are provided to you as a convenience, and Wright is not responsible for the content of any linked web site. Any outside web site accessed from the Wright web site is independent from Wright, and Wright has no control over the content of that web site. In addition, a link to any non-Wright web site does not imply that Wright endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Wright of that third party or of any product or service provided by a third party.

Jurisdictional Issues

Wright makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to Wright and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Wright through this web site is the exclusive property of Wright. Wright is entitled to use any information submitted for any purpose, without restriction (except as stated in Wright’s Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Wright and accepts responsibility for its accuracy, appropriateness, and legality.

Enforcement of Terms and Conditions

These Terms and Conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Wright shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Wright may, at his sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

These Terms and Conditions constitute the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Wright, as described above. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer your rights under these Terms and Conditions or any right you have under these Terms and Conditions. This paragraph survives expiration or termination of these Terms and Conditions.

For Additional Information

If you have any questions about the rights and restrictions above, please contact Wright at