Terms of Use
Welcome to
www.sandygregory.com (the "Site"). The Site belongs to
Sandy Gregory (“Mr. Gregory”), and is developed and
maintained by counsel to Mr. Gregory. The following terms
and conditions (the "Agreement") govern your use of the
Site. By using this Site, you (the “User”) agree to these
Terms and Conditions of Use. Mr. Gregory may revise these
Terms and Conditions from time to time by updating this
posting, with the revised Terms and Conditions taking
effect for all Users as of the date of the posting.
Consequently, Users should consult the Terms and Conditions
of Use regularly, and your use of the Site following any
such change(s) will constitute your agreement to follow and
be bound by the Terms And Conditions as changed. If at any
time you choose not to accept these Terms and Conditions Of
Use, you are no longer authorized to use this Site.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise noted,
Users should assume that everything they see or read on the
Site, as well as the code used to create and operate the
site, (the "Information") are copyrighted, trademarked, or
servicemarked properties owned by Mr. Gregory. His rights
in and to the Information are protected by United States
and international copyright, trademark, and other
intellectual property laws and treaties. All rights, title,
and interests to the Information belonging to Mr. Gregory
are not licensed, sold, or in any other way transferred to
the Users of the web site or to users of his products or
services, except as follows:
Users may download one computer copy or print one copy of
the material on this Site for their own non-commercial,
educational use in connection with improving their personal
and professional capabilities, or evaluating Mr. Gregory
for provision of services to the entity the User
represents. Any copy of the materials or any portion
thereof must retain the proprietary notices, and in
particular, the intellectual property notices such as
copyright, trademark, or servicemark without modification.
No right, title, or interest in any downloaded materials is
transferred to you or the entity you represent as a result
of any downloading or copying. Except as stated above, you
are not authorized to publish, distribute, display, modify,
perform publicly, create derivative or second hand works
from, sell, participate in the sale, contribute to the
sale, or upload to the Internet for informational purposes
only, all or part of the Information. Furthermore, you
agree, both in letter and spirit, not to exploit to the
detriment of Mr. Gregory, commercially or otherwise, any of
the Information, the Site, or any related products or
services.
Any exceptions to these terms and conditions must be
secured in writing from Mr. Gregory. His response to such
requests is not required and the absence of a response
shall not be construed as granting a request.
USER INFORMATION,
COMMENTS, AND OTHER SUBMISSIONS
As set forth in his
Privacy Policy, Mr. Gregory will hold private personally
identifiable information you may submit to him through this
site, or by any other means. However, personal information
provided by you may be made accessible to duly authorized
personnel or companies who carry out activities related to
Mr. Gregory’s business. All such persons are subject to
confidentiality agreements. Mr. Gregory does not sell, rent
or otherwise make available any personal data submitted to
him to any other third parties unless it is to his legal
advisors or where required by law or a court decision. You
agree that the personal information made available by you
may be used to provide requested services, to provide
information to you relating to Mr. Gregory's products and
services, and may be used for marketing research purposes.
However, any communication or material Users transmit to
Sandy Gregory via the Site, by electronic mail, or
otherwise, (excluding personally identifiable data about
themselves), including, but not limited to any data,
questions or answers, comments, suggestions, or the like
will be treated as non-confidential and non-proprietary by
Mr. Gregory. By sending communications to Mr. Gregory,
Users automatically grant to Mr. Gregory a royalty-free,
perpetual, irrevocable non-exclusive license to use,
reproduce, modify, publish, edit, translate, distribute,
perform, display, and broadcast such communication(s)
alone, or as a part of other works in any form, media, or
technology whether now known of hereafter developed and to
sublicense such rights to anyone, and each of these for any
purpose. Accordingly, User(s) should not send confidential,
proprietary, or other information to Mr. Gregory unless
User(s) wish to convey these rights to him.
You agree that no information submitted by you to the Site
will violate any right of any third party, including
copyright, trademark, privacy, or other personal or
proprietary right(s). You further agree that no
communication(s) submitted by you to the Site will be or
contain unlawful, abusive, or obscene material. You are
solely responsible for the content of any communication(s)
you send.
Your communications to Mr. Gregory via this Site or
otherwise does not require or insure communications to you
from Mr. Gregory.
LINKS TO OTHER WEB SITES
AND SERVICES
The Site may contain links
to sites, services, and/or resources that Mr. Gregory does
not own or control. These links are for your convenience
only, and Mr. Gregory makes no representations or
warranties whatsoever about any Web sites you may choose to
access through this Site. We do not endorse or take
responsibility for the content, advertising, products,
other materials made available through any other site, or
the privacy policies of those sites.
Under no circumstances will Mr. Gregory be held responsible
or liable, directly or indirectly, for any loss or damage
that is caused or is alleged to have been caused to you in
connection with your use of or reliance on any content,
goods, or services available on any linked pages. You
should direct any concerns to that site's Administrator or
Webmaster.
LINKING TO THIS WEBSITE
If you link to this Site,
you agree not to create frames around the Site or otherwise
alter the Site’s visual presentation, imply that Mr.
Gregory is endorsing you or your products and services,
imply an affiliation between you and Mr. Gregory without
his prior written consent, present false or misleading
impressions about his products and services, or be a site
that contains materials that may be interpreted as
distasteful or offensive. In establishing links, you must
not represent in any way, expressly or by implication, that
you have received the endorsement, sponsorship, or support
of the Site without the written consent of Mr. Gregory. You
agree to remove any links you have to the Site upon Mr.
Gregory’s request.
DISCLAIMERS
The development of
compelling capabilities is a lifelong process that includes
the effective management of many variables, and the User
will be solely responsible for his or her development into
a world-class performer. This web site is intended to
provide general Information and is not an exhaustive
treatment of the subject addressed in the site, and Users
will be responsible for determining the appropriateness and
applicability of the Information to and for themselves.
THIS SITE AND ALL ITS CONTENTS ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU
ACKNOWLEDGE AND AGREE BY YOUR USE OF THE SITE THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL
RESPONSIBILITY FOR ALL COSTS YOU INCUR IN CONNECTION WITH
YOUR USE OF THIS SITE. YOU (AND NOT MR. GREGORY) ASSUME THE
ENTIRE COST AND RISK OF YOUR USE OF THE SITE.
YOU ALSO AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER SHALL
MR. GREGORY BE LIABLE FOR ANY LOSS ARISING OUT OF OR IN
CONNECTION WITH THE USE OF INFORMATION AVAILABLE FROM THIS
SITE OR ANY OTHER HYPERLINKED WEB SITE WHETHER DIRECT OR
INDIRECT INCLUDING, WITHOUT LIMITATION, ANY LIABILITY
RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST
PROFITS, LOST DATA, LOST OPPORTUNTIY, OR INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF MR. GREGORY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALTHOUGH MR. GREGORY ATTEMPTS TO PROVIDE ACCURATE AND
UP-TO-DATE INFORMATION ON THE SITE, HE MAKES NO
REPRESENTATION OR WARRANTY THAT SUCH INFORMATION IS
ACCURATE AND UP-TO-DATE. FROM TIME TO TIME THERE MAY BE
INFORMATION AT THE SITE THAT CONTAINS TYPOGRAPHICAL ERRORS,
INACCURACIES, OR OMISSIONS. HE RESERVES THE RIGHT TO
CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO
CHANGE OR UPDATE THE INFORMATION AT ANY TIME WITHOUT PRIOR
NOTICE. WHILE HE STRIVES TO DELIVER ACCURATE AND VALUABLE
INFORMATION AND SERVICES, MR. GREGORY MAY NOT BE HELD
LIABLE FOR ANY PERSONAL OR BUSINESS DECISIONS YOU MAY MAKE
BASED ON INACCURACIES, ERRORS, OR OMISSIONS.
YOU ALSO AGREE THAT MR. GREGORY WILL NOT BE LIABLE FOR ANY
DELAY, DIFFICULTY IN USE, OR OTHER DEFECT IN THIS SITE OR
ON ANY OTHER HYPERLINKED WEBSITE, OR FOR ANY
INCOMPATIBILITY BETWEEN THIS SITE AND FILES AND THE USER'S
BROWSER OR OTHER WEBSITE ACCESSING PROGRAM. MR. GREGORY
WILL UNDER NO CIRCUMSTANCES BE LIABLE, REGARDLESS OF THE
FORM OF ACTION, FOR ANY LOST PROGRAMS OR OTHER DATA ON YOUR
INFORMATION SYSTEM OR OTHERWISE OR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER,
EVEN IF MR. GREGORY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
FURTHERMORE, MR. GREGORY DOES NOT WARRANT THAT ANY
FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND WHILE MR.
GREGORY HAS CHOSEN A HOSTING COMPANY THAT ENJOYS A
REPUTATION FOR RELIABILITY, SAFETY, AND SECURITY, NEITHER
HE NOR THAT COMPANY WARRANTS THAT THE SITE IS FREE OF
COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL
COMPONENTS. IF USE OF THIS WEB SITE RESULTS IN THE NEED FOR
SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT, OR
DATA, YOU AGREE THAT MR. GREGORY WILL NOT BE RESPONSIBLE
FOR THOSE COSTS.
NO LICENSE OR CONVEYANCE OF RIGHTS, TITLE, OR INTEREST TO
THE USER IS MADE OR IMPLIED IN THESE DISCLAIMERS.
LIMITATION OF LIABILITY
BY USING THE SITE, YOU
AGREE THAT THE TOTAL LIABILITY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE) TO YOU BY MR. GREGORY FOR ANY AND ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION NOT ADDRESSED IN THIS
AGREEMENT SHALL NOT EXCEED $100.00.
INDEMNIFICATION
You agree to defend,
indemnify, and hold harmless Mr. Gregory from and against
any and all liabilities, claims, damages, costs and
expenses, including attorneys' fees, that arise from your
use of the site, or from your violation of applicable law
arising from or related to your use of the Site and your
use of the services and products belonging to or provided
by Mr. Gregory.
INJUNCTIVE RELIEF
In the event you breach or
threaten breach of this Agreement, you acknowledge and
agree that Mr. Gregory will be greatly and irreparably
damaged and the damage will be difficult to quantify.
Therefore, Mr. Gregory may apply to any court of competent
jurisdiction accepting jurisdiction under this specific
provision, who, regardless of the Governing Law provision,
will apply the laws of its own jurisdiction in determining
whether Mr. Gregory will be granted an injunctive or other
equitable relief to stop your breach or your threat of
breach, without impairing, invalidating, negating, or
voiding Mr. Gregory’s rights to relief in either law or
equity.
TERMINATION
Users agree that Mr.
Gregory may terminate a User’s access to and use of the
Site if Mr. Gregory believes that the User has violated or
acted inconsistently with the letter or spirit of this
Agreement, or violated the rights of Mr. Gregory or any
third party, with or without notice to the user. Upon the
termination of this Agreement by Mr. Gregory, you agree to
promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such
materials. Mr. Gregory’s rights, title, and interests to
the Information, the Indemnifications, and the Limitations
of Liability set forth in these Terms and Conditions of Use
shall survive termination of the Agreement.
GOVERNING LAW
This Agreement shall be
construed in accordance with the laws of the State of
Florida, in the United States of America, without regard to
any conflict of law provisions. Any dispute arising under
this Agreement shall be resolved exclusively by the state
and federal courts in the relevant jurisdictions of Mr.
Gregory’s offices. Except as provided in the Injunctive
Relief section, any action related to or arising out of
these terms will be filed only in the Florida courts and
you consent to the jurisdiction of said courts.
MISCELLANEOUS
If any of these terms and
conditions are found unlawful, void, or for any reason
unenforceable, then that provision will be considered
severable from the remaining terms and conditions, and will
not affect the validity and enforceability of the remaining
provisions.