Legal Notices/Disclaimers
OUR WEBSITES REQUIRE CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS:
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF OUR WEBSITES ARE REQUIRED CONSIDERATIONS FOR THE WEBSITES GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH THEM.
ALL PERSONS ARE DENIED ACCESS TO OUR SITES UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH OUR WEBSITES OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON THEM, YOU ARE AGREEING TO ALL THE PROVISIONS OF THE TERMS OF USE POLICY AND THE PRIVACY POLICY OF THE WEBSITES.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO OUR WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THE WEBSITES OR THEIR CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
OUR WEBSITES RESERVE THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITES ARE ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW KIERSONCONSULTING LLC WEBSITES, TO KEEP THEMSELVES INFORMED OF CHANGES AND SHALL BE RESPONSIBLE FOR REVIEWING THE THEN CURRENT VERSION EACH TIME YOU VISIT THE WEBSITES. THE WEBSITE OWNER MAY AT ANY TIME MODIFY ANY RELEVANT TERMS AND CONDITIONS, POLICIES OR NOTICES. YOU ACKNOWLEDGE THAT BY VISITNG THE WEBSITES FROM TIME TO TIME, YOU SHALL BECOME BOUND TO THE CURRENT VERSION OF THE RELEVENT TERMS AND CONDITIONS (THE”CURRENT VERSION”) AND, UNLESS STATED IN THE CURRENT VERSION, ALL PREVIOUS VERSIONS SHALL BE SUPERCEDED BY THE CURRENT VERSION.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. Herein, “YOU” and “YOUR” refer to you, your company, your employees, your representatives and your assigns. The website and its owners (KiersonConsulting LLC and Miles Kierson) and/or operators are parties to this agreement, herein referred to as “Website Owner.” And “I”, “MY” or “ME” refer to Miles Kierson, KiersonConsulting LLC, KiersonConsulting.com, ExecuTAPtraining.com, MilesKierson.com as well as subsidiaries, companies, publications, representatives and assigns of Miles Kierson, KiersonConsulting LLC, KiersonConsulting.com and its subsidiaries.
By browsing my sites, buying products and services from me, subscribing to any service or publication developed by me, or reading and implementing information published by me, you acknowledge and agree to the following terms and disclaimers. This agreement is in effect immediately and indefinitely, and supersedes all other agreements made, be it explicit or implied, written or verbal.
USE OF INFORMATION FROM OUR WEBSITES
Whilst every effort is made to update the information contained on the websites, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the websites (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the websites. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of the websites. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on the websites at your own risk. If you find an error or omission at the sites, please let us know.
Unless you have entered into an express written contract with our websites to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of the websites. By viewing the contents of the websites you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
TRADEMARKS, SERVICEMARKS AND COPYRIGHTS
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on the websites are registered and unregistered trade marks of Miles Kierson and KiersonConsulting LLC. Nothing contained on our websites should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
The websites and their contents, including the source code are owned or licensed by the websites. Material contained on the websites must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the sites contents. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by KiersonConsulting LLC, no one may hyperlink our sites, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the sites. You specifically agree to cooperate with KiersonConsulting LLC to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.
EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
PUBLIC FORUMS AND USER SUBMISSIONS
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
- defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
- publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
- violate any copyright, trade mark, other applicable State of Illinois and USA or international laws or intellectual property rights of the Website Owner or any other third party;
- submit contents containing marketing or promotional material which is intended to solicit business.
SPECIFIC USE
You further agree not to use our websites to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the websites to send or post any such message or material.
WARRANTIES
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the websites, the information contained on the websites, your or your company’s personal information or material and information transmitted over our system.
DISCLAIMER OF LIABILITY
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the websites, any information contained on the websites, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
The Website Owner makes no claims as to potential earnings for participants and their organizations as a result of participating. Any and all claims or representations, as to income earnings on our web sites, are not to be considered as average earnings. There can be no assurance that any discussion of prior successes, or past results, can be used as an indication of your future success or results.
All products and services by our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer, medical or professional advisor, before acting on this or any information obtained through our programs.
You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THE WEBSITES OR THEIR CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The websites assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with these sites, or banners or pop-ups or advertising displayed thereon, at his/her own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from our sites at their own risk. KiersonConsulting LLC makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
USE OF THE WEBSITES
The Website Owner does not make any warranty or representation that information on the websites is appropriate for use in any jurisdiction other than the USA. By accessing the websites, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the websites.
CONFLICT
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
WAIVER
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
CESSION
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
SEVERABILITY
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with any KiersonConsulting LLC sites, including banners, advertising, or pop-ups, downloads, and as a condition of the websites to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website Owner is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website Owner for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website Owner and websites is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the websites
APPLICABLE LAWS, JURISDICTION AND VENUE
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of State of Illinois, USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of State of Illinois, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. ARLINGTON HEIGHTS, COOK COUNTY, ILL. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
DISPUTES
As part of the consideration that the Websites require for viewing, using or interacting with our websites, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to service, purchase of any products including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses
COMMENTS OR QUESTIONS
If you have any questions, comments or concerns arising from our websites, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
