Terms of Service

These Terms of Service ("Terms") govern your use of timkinzie.com (the "Website"), which is operated by Tim Kinzie ("Tim," "we," "us," or "our"), a designer and builder based in the State of North Carolina, United States. By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.

Please read Section 1 first. It explains that these Terms apply to this Website only, and that the companies, applications, and ventures Tim is involved in are separate, with their own terms. The rest of these Terms then sets out the rules for using the Website. Capitalized terms not defined here have the meaning given in our Privacy Policy.

Scope: the Website, the Companies, and the Ventures

timkinzie.com is a personal website that showcases Tim's work across several crafts and the ventures he is involved in. So there is no confusion, here is how the pieces relate. This is stated plainly, not defensively; it is simply accurate.

These Terms apply to the Website

These Terms govern your use of timkinzie.com. They do not govern your use of any company's services, any software application, or any venture's products or services, each of which has its own terms as described below.

The companies and applications shown here

The Website features work done through companies Tim founded or works with, including Timatsu LLC and the software applications it designs and builds. Those companies and applications are separate. Using any such company's services or application is governed by that company's or application's own terms of service and privacy policy, and in many cases is offered by a different operator, not by this Website. Nothing on this Website, and nothing in these Terms, grants you a license to any such service or application or creates any obligation with respect to its availability, features, content, or performance. For terms that apply, refer to the terms presented within or alongside that service or application.

The ventures highlighted here

The Website highlights independent ventures connected to Tim. Where applicable, these are separate legal entities with their own ownership, operations, websites, products, customers, and terms. They appear on this Website to showcase Tim's work and interests, nothing more.

Featuring a venture on this Website does not make it part of this Website, and does not create a partnership, joint venture, agency, or employment relationship. Tim does not control, and is not responsible or liable for, the products, services, content, conduct, or obligations of any company or venture highlighted here. If you engage with one, whether by visiting its website, purchasing its products or services, or contacting it, that engagement is solely between you and that party and is governed by its own terms and policies. Names, logos, and trademarks of the companies, ventures, and any clients shown belong to their respective owners and are used to identify and showcase the work, not to imply ownership by Tim or any endorsement beyond the fact of the work itself.

Eligibility

The Website is intended for adults. You must be at least 18 years old to submit information through the Website. By using the Website you confirm that you meet this requirement and that any information you provide is accurate.

The Website and Its Content

The Website is primarily an informational and portfolio site. Its content, including descriptions of services and work, is provided for general information and may change or be updated at any time without notice. We may modify, suspend, or discontinue any part of the Website at our discretion.

Acceptable Use

You agree to use the Website only for lawful purposes and in line with these Terms. You agree not to: violate any applicable law or regulation; attempt to gain unauthorized access to the Website, its systems, or any data; use automated means such as bots, scrapers, or crawlers to access or harvest content without our written consent; submit false, deceptive, abusive, or unlawful content; upload or transmit viruses, malware, or other harmful code; interfere with or disrupt the Website or the networks and services it relies on; or use the Website to harass, threaten, or harm anyone.

Intellectual Property

Except for third-party materials identified in Section 1, the content of this Website, including its text, layout, graphics, the Tim Kinzie name and mark, and its design and code, is owned by Tim Kinzie or its licensors and is protected by intellectual property laws. You may view and share links to the Website, but you may not copy, reproduce, distribute, modify, or create derivative works from its content without our written permission, except as permitted by law. The trademarks, logos, and materials of the companies, ventures, and clients shown remain the property of their respective owners.

Submissions

When you send us a message, you keep ownership of what you send, but you grant us permission to read, store, and use it for the purpose of responding to you and, if applicable, of discussing and carrying out an engagement. Please do not send confidential or sensitive information in a first message; for anything confidential, ask us first and we will arrange an appropriate channel. You represent that you have the right to share what you send and that it does not infringe anyone's rights.

Inquiries and Engagements

The Website lets you reach out about working together, but contacting us, or our responding, does not by itself create a contract for services or any professional or fiduciary relationship. Any engagement between you and Tim is formed only through a separate written agreement that describes the scope, fees, and terms of that specific work. Those project terms, where they exist, govern the engagement and control over these Terms to the extent of any conflict for that work.

No Professional Advice

Content on the Website is provided for general information and does not constitute legal, financial, tax, business, or other professional advice, and should not be relied upon as a substitute for advice from a qualified professional who knows your specific situation.

Third-Party Links and Services

The Website links to third-party websites and services, including those of the companies, applications, and ventures in Section 1 and of our providers. We do not control those destinations and are not responsible for their content, products, terms, or privacy practices. Following a link is at your own risk, and the destination's own terms govern your use of it.

Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Website will be uninterrupted, secure, error-free, or free of harmful components, or that its content is complete or current. For clarity, Tim makes no warranty whatsoever, and assumes no responsibility, regarding the separate companies, applications, and ventures described in Section 1; any warranty for those comes, if at all, from the party that offers them.

Limitation of Liability

To the maximum extent permitted by law, Tim Kinzie and his agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or business, arising out of or relating to your use of, or inability to use, the Website, whether based in contract, tort, warranty, statute, or any other theory, even if advised of the possibility of such damages. Without limiting the previous sentence, Tim is not liable for the products, services, content, or conduct of the separate companies, applications, and ventures described in Section 1, or of any other third party. To the extent any liability is not excluded, total liability for all claims relating to the Website will not exceed one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to indemnify and hold harmless Tim Kinzie and his agents from any claims, losses, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of your use of the Website, your breach of these Terms, your submissions, or your violation of any law or of any rights of a third party.

Copyright and DMCA

We respect intellectual property rights. If you believe content on the Website infringes your copyright, send a written notice to hello@timatsu.com that includes: a description of the work you say is infringed; the location of the material on the Website; your contact information; a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or are authorized to act on the owner's behalf. We respond to valid notices consistent with the Digital Millennium Copyright Act.

Dispute Resolution and Arbitration

Please contact us first at hello@timatsu.com so we can try to resolve any concern informally. If we cannot, you and Tim Kinzie agree to resolve any dispute arising out of or relating to these Terms or the Website through binding individual arbitration administered by the American Arbitration Association under its applicable rules, except that either party may instead bring a qualifying claim in small claims court. The arbitrator's decision may be entered as a judgment in any court of competent jurisdiction.

You and Tim Kinzie agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

You may opt out of this arbitration and class-waiver section by emailing hello@timatsu.com within 30 days of first accepting these Terms. If you opt out, or where arbitration does not apply, disputes will be resolved exclusively in the state or federal courts located in North Carolina, and you consent to their jurisdiction.

Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules.

Changes to These Terms

We may update these Terms as the Website evolves. When we do, we will revise the "Last updated" date above, and for material changes we will provide more prominent notice. Your continued use of the Website after an update means you accept the revised Terms.

General

These Terms, together with the Privacy Policy and any separate written agreement for a specific engagement, are the entire agreement between you and Tim Kinzie regarding the Website. If any part of these Terms is held unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.

Contact

Questions about these Terms can be sent to hello@timatsu.com. For terms that apply to a specific company, application, or venture, please use the contact details it provides, since those are governed separately as described in Section 1.