David Russell Business Coach

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TERMS AND CONDITIONS

Terms

These terms of use (“terms”) are a legal agreement between you (“you” or “your”) and the Website (“we” “us” or “our”). By using this website, you agree that you have read, understood, accept, and agree to be bound by these terms. If you do not agree to these terms, do not access, or otherwise use the website.

 

Privacy Policy

You are advised to read our privacy policy regarding our user data collection, it will help you better understand our practices. Please click on the link to our privacy policy.

 

Privacy

Any information that you provide is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the USA and/or other countries for storage, processing and use by the Application. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages.

 

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  • Use the website in any manner that could damage, disable, overburden, or impair the functioning of the Services in any manner.
  • Compromise the security of the website.
  • Use any automated means or interface not provided by the Developer to access the website or to extract data.
  • Reverse engineer any aspect of the website. 
  • Attempt to access features of the Services that you are not authorized to access.
  • Develop any third-party application(s) that interacts with Content or the Services without the Developer’s prior written consent; and
  • Use the Services for any illegal or unauthorized purpose.

 

Unauthorized use of this Website in such a way that affects the Website negatively will give rise to a claim in damages and/or be a criminal offence against such user.



Our Rights

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Website, its users and the public. Neither the Website nor the Developer discloses personally identifying information to third parties except in accordance with our Privacy Policy.

 

You may not do any of the following while accessing or using the website: (i) access, tamper with, or use non-public areas of the website, the Website or the Developer’s computer systems, or the technical delivery systems of the Website’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search, or attempt to access or search, the website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Website(and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Application; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the website.

 

Copyright Policy

We respect the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of the Website and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

 

The Services are Available “AS-IS”

Your access to and use of the services provided by the website is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the website and/or its service. No advice or information, whether oral or written, obtained from this website or through our services, will create any warranty not expressly made herein.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

General Terms

Waiver and Severability

The failure of the Website to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

Assignment

The Developer may assign these Terms and its rights or delegate its obligations under without your consent.  All provisions contained in these Terms shall extend to and be binding upon you and Developer’s successors and assigns. You may not assign these Terms to another person or entity.

 

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or Website of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the State of Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between the Application, the Developer and you regarding the Services (excluding any services for which you have a separate agreement with the Website that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Website and you regarding the Services.

 

We may revise these Terms from time to time.  If the revision, in our sole discretion, is material we will notify you via email and / or through the Services.  If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with the Developer.  By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

Any rights not expressly granted herein are reserved.

 

Contact 

If you have questions regarding our Terms and conditions please contact us.