Thank you for visiting [client website] (Website). Your privacy is important to us. [client name] (we, us, or our) operates the Website.  Use of the Website, its content and services, including, but not limited to, the provision of information, documents, commentary, photographs, any user requested e-mail notifications or newsletters, and links to third party websites is governed by the Terms and Conditions stated herein and the Privacy Policy which is incorporated by reference herein (collectively, the Terms), and is based on your adherence to and acceptance of such Terms.  Any user of the Website and/or services, including any and all visitors to the Website, agree to be bound by these Terms by your use of the Website and/or services.  Please read these Terms carefully before using the Website or the services.  You expressly acknowledge that you have been advised of these Terms upon entering the Website and have had access to the same.  If you do not agree to these Terms, then you are not authorized to continue use of the Website or the services.If you do not accept the Terms and Conditions described on this page, please discontinue using this site immediately.
 

Not intended for Minors

You must be at least 18 years of age to use this Website. By using this Website you:

  • Warrant and represent that you are at least [18] years of age;
  • Agree that the exclusions and limitations of liability set out in the Terms and Conditions are reasonable;
  • Accept these Terms and Conditions.

 

License to Use Website

Unless otherwise stated, [client name] and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from this Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You may not:

  • Republish material from this Website (including republication on another Website);
  • Sell, rent or sub-license material from the Website;
  • Reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
  • Edit or otherwise modify any material on the Website; or
  • Redistribute material from this Website;
  • Use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or
  • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • Use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without [client name]’s express written consent.
  • Use this Website to transmit or send unsolicited commercial communications.
  • Use this Website for any purposes related to marketing without [client name]’s express written consent.

 

No Warranties

Although we make every effort to ensure the information presented on the Website and through the use of the services is truthful and accurate, the Website and the services are provided on an “as is” and with all faults basis. [client name] makes no representations or warranties of any kind, express or implied, as to the operation, content, accuracy, sufficiency or completeness of the Website, its content, the services, or any other website to which the Website provides a link. To the fullest extent permitted by law, [client name] disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, which are hereby expressly waived. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional. Without prejudice to the generality of the foregoing paragraph, [client name] does not warrant that this Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or non-misleading.

 

Limitations of Liability

[client name] will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • To the extent that the Website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if [client name] has been expressly advised of the potential loss.

 

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit [client name] liability in respect of any:

  • Death or personal injury caused by [client name] negligence;
  • Fraud or fraudulent misrepresentation on the part of [client name]; or
  • Matter which it would be illegal or unlawful for [client name] to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Restricted Access

Access to certain areas of this Website is restricted. [client name] reserves the right to restrict access to areas of this Website, or indeed this entire Website, at [client name]’s discretion. If [client name] provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. [client name] may disable your user ID and password at our sole discretion without notice or explanation.

 

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. You grant [client name] a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to [client name] the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or [client name] or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. [client name] reserves the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website. Notwithstanding [client name]’s rights under these terms and conditions in relation to user content, [client name] does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

 

Indemnity

You hereby indemnify [client name] against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by [client name] to a third party in settlement of a claim or dispute arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Privacy

[client name]’s Privacy Policy will apply to all personal information collected in connection with your use of the Website or the services.  Our Privacy Policy can be found and accessed on the home page of the Website. We collect information from you when you register on our site, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, title, employer identification, e-mail address, mailing address or phone number. You may, however, visit our site anonymously. If you contact us directly via phone or email, you may also provide us with personal information that we collect.

 

Governing Law

The Website and the services are created, controlled and provided by [client name] in the United States of America.  We are based in the State of [client state].  As such, the construction and performance of these Terms will be governed by the internal, substantive laws of the State of [client state] without regard to its choice of law rules.  You and we each hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in [client state] in any legal action, equitable suit or other proceeding arising out of or related to these Terms.  You and we further consent to personal jurisdiction of the courts mentioned above over each of you and us, respectively, which may be effected by service of process sent by registered or certified mail addressed to such party at (in the case of [client name]) the address set forth in these Terms, and (in the case of you) at any address you may have provided on the Website.  You and we each hereby irrevocably waive any right you or we may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section, and you and we hereby irrevocably waive and agree not to plead or claim in any such proceeding, that such action or proceeding brought in accordance with this section has been brought in an inconvenient forum.

 

Assignment

[client name] may transfer, sub-contract or otherwise deal with [client name]’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. You agree that you will not bring any claim personally against [client name]’s officers or employees in respect of any losses you suffer in connection with the Website. You agree that the limitations of warranties and liability set out in this Website disclaimer will protect [client name] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

 

Severability and Entire Agreement

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. These terms and conditions constitute the entire agreement between you and [client name] in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website. We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

 

How to Contact Us for Information

If we need to contact you, we will do so by any available method, including by e-mail sent to the e-mail address provided by you.  You must notify us if you change your e-mail address or other contact information. If You wish to contact Us for any further information, please send an e-mail to [client admin email].