Terms of Use

TERMS OF USE

GENERAL PROVISIONS AND YOUR ACCEPTANCE OF THE TERMS

Nick Gausling (the “Publisher”) is the author and/or publisher of various publications and creative works (the “Publications”).

The Publications include:

  • NickGausling.com (the “Website”)
  • Copies of the Website’s content posted elsewhere
  • Books written or co-authored by the Publisher
  • Any other publications or creative works in which the Publisher owns a copyright

 

By accessing or using the Publications, you automatically accept these terms of use (the “Terms”) in their entirety to the fullest extent allowed by law. In the event that the Terms are later updated, your access or use of the Publications after the update shall constitute your acceptance of the revised version of the Terms.

Certain provisions of these Terms have been copied or adapted from the Creative Commons Attribution 4.0 International license.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Publisher offers the Publications as-is and as-available, and makes no representations or warranties of any kind concerning the Publications, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.

To the extent possible, in no event will the Publisher be liable to you on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of these Terms, the Publications, or your use of the Publications, even if the Publisher has been advised of the possibility of such losses, costs, expenses, or damages.

The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

AUTHORIZED USE OF CERTAIN COPYRIGHTED MATERIAL

Unless otherwise noted in these Terms or elsewhere on the Website, the Website is licensed under Creative Commons Attribution 4.0 International (the “License”), which is hereby incorporated into these Terms by reference. The Publisher commits to not exceeding the enforcement limitations found in the Creative Commons Statement of Enforcement Principles.

The License does not include:

  • Any audio, video, picture, or other visual content, unless explicitly stated otherwise. Many visuals which appear on the Website are stock images licensed to the Publisher under the Unsplash License, Pixabay Content License, Pexels License, or other similar licenses.
  • Any portions of works owned by others, such as by way of quotation, excerpt, reproduction, embed, or any other similar use.

CONSTRUCTION OF TERMS AND CONSENT TO ARBITRATION

The headers of these Terms are stylistic and rhetorical only and shall not affect the interpretation of the Terms. You fully and permanently waive any rule or right of contra proferentem which may be construed against the Publisher concerning these Terms. In addition, you also agree that in the event that any provision of these Terms is held as invalid or unenforceable, that shall not invalidate any of the other provisions. You further agree that no provision of these Terms shall be constituted as waived unless a waiver is expressly given in writing by the Publisher.

You agree that any and all legal actions you may bring against the Publisher which in any way concern the Publications or these Terms shall be settled solely by binding and final arbitration conducted by JAMS according to the JAMS Streamlined Arbitration Rules & Procedures. You further agree that all arbitration proceedings shall be conducted exclusively in Clark County, Nevada, United States of America according to the laws of the State of Delaware, United States of America, exclusive of any conflict of law provisions. You also agree that the arbitrator may award to the prevailing party its attorneys’ fees and its share of the JAMS arbitration fees and arbitrator compensation and expenses.

Terms of Use last revised August 17, 2025