DISCLAIMER:
The posts and opinions expressed on this blog and this website are solely the personal opinions of Brandon Prebynski. They do not represent or reflect (nor are they intended to represent or reflect) the positions, opinions, viewpoints, policies and/or statements of my employer or any other entity in which I have any ownership interest, with which I have any contractual or other legal relationship, or which is, was or might be my client or customer.

TERMS OF USE:
Welcome to prebynski.com. This Site is provided by Brandon Prebynski (referred to throughout this Site as “prebynski.com”) as a service to our potential customers, our customers, our potential employees and potential subcontractors, and our employees and subcontractors. Please review the following basic rules that govern your use of the prebynski.com site and the please review the posted legal notice on prebynski.com. (collectively, the “Agreement”).

Please note that your use of the prebynski.com site, including the database site (collectively, the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms of Use.

Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. prebynski.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.

All materials, including but not limited to images, text, illustrations, designs, icons, photographs, programs, downloads, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for our commercial use. You may not download or copy the Contents and other downloadable materials displayed on the Site without the prior written consent of prebynski.com. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of prebynski.com or its suppliers or its customers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, of the Contents on this Site is strictly prohibited. prebynski.com is a trademark of prebynski.com.

Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. prebynski.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from prebynski.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by prebynski.com, one of its affiliates or by third parties who have licensed their materials to prebynski.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of prebynski.com and is also protected by U.S. and international copyright laws.

prebynski.com, its customers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of prebynski.com’s or any third party’s intellectual property rights.

The prebynski.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of prebynski.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply prebynski.com’s endorsement, sponsorship or recommendation of the third party, information, product or service. prebynski.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Indemnification
You agree to defend, indemnify and hold harmless prebynski.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Termination
These Terms of Use are effective unless and until terminated by either you or prebynski.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. prebynski.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in prebynski.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or prebynski.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

Disclaimer
THIS SITE IS PROVIDED BY prebynski.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. prebynski.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, prebynski.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, prebynski.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY SERVICE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE prebynski.com WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL prebynski.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE prebynski.com WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF prebynski.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL prebynski.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE TEN DAY PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of prebynski.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit prebynski.com’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Indiana law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Indiana and you consent to the exclusive personal jurisdiction of such courts.

Digital Millennium Copyright Act Notice

Procedure for Making and Responding to Claims of Copyright Infringement

It is the policy of prebynski.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to prebynski.com’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to prebynski.com’s Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to prebynski.com’s Designated Agent that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit prebynski.com to locate the material;

4. Information reasonably sufficient to permit prebynski.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has 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

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

prebynski.com’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail:

Please email brandon [at] prebynski.com for contact information.

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, prebynski.com shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by prebynski.com, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the prebynski.com’s Designated Agent that includes the following:

1. A physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If prebynski.com receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that prebynski.com has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on prebynski.com’s system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for shall be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by prebynski.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.