TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve accomplished that
— and would ask that you let us know if you’d like to see improvements
or changes that would make it even easier for you to find the information
you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our site
you automatically agree to them. Naturally, if you don’t agree, please do
not use the site. We reserve the right to make any modifications that we
deem necessary at any time. Please continue to check these terms to see what
those changes may be! Your continued use of the the Personal Strategic Plan Web
site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the the Personal Strategic Plan site, including,
without limitation, text, software, names, logos, trademarks, service marks,
trade names, imagesSP, photos, illustrations, audio clips, video clips, and
music are copyrighted intellectual property. All usage rights are owned and
controlled by The Goals Guy. You, the visitor, may download Online
Materials for non-commercial, personal use only provided you 1) retain all
copyright, trademark and propriety notices, 2) you make no modifications to
the materials, 3) you do not use the materials in a manner that suggests an
association with any of our products, services, events or brands, and 4) you
do not download quantities of materials to a database, server, or personal
computer for reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute Online Materials
in any way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content on
the the Personal Strategic Plan site. Any attempts to modify any Online Material,
or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all imagesSP
incorporated in or generated by the software, and all data accompanying it,
is considered licensed to you by The Goals Guy or third-party
licensors for your personal, non-commercial home use only. We do not
transfer title of the software to you. That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or sell
the material or to reverse-engineer, disassemble or otherwise convert it to
any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to The Goals Guy through our site (other than
information we promise to protect under our privacy policy becomes and
remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we use them,
or anything like them, we don’t have to pay you or anyone else for them.
We will have the exclusive ownership of all present and future rights to
submissions of any kind. We can use them for any purpose we deem appropriate
to our the Personal Strategic Plan mission, without compensating you or anyone
else for them.
You acknowledge that you are responsible for any submission you make.
This means that you (and not we) have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
Limitation of Liability
THE GOALS GUY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY
SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN
THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN
OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE
NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO
COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED
TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL
DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR
OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY)
WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites
from our site. Such a link should not be seen as an endorsement, approval or
agreement with any information or resources offered at sites you can access
through our site. If in doubt, always check the Uniform Resource Locator
(URL) address provided in your WWW browser to see if you are still in a
the Personal Strategic Plan-operated site or have moved to another site. The
Goals Guy is not responsible for the content or practices of third
party sites that may be linked to our site. When the Personal Strategic Plan
provides links or references to other Web sites, no inference or assumption
should be made and no representation should be inferred that The
Goals Guy is connected with, operates or controls these Web sites. Any
approved link must not represent in any way, either explicitly or by
implication, that you have received the endorsement, sponsorship or support
of the Personal Strategic Plan site or endorsement, sponsorship or support of
The Goals Guy, including its respective employees, agents or
directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials obtained
from the Personal Strategic Plan Web site, along with all related
documentation and all copies and installations. The Goals Guy may
terminate this agreement at any time and without notice to you, if, in its
sole judgment, you breach any term or condition of this agreement. Upon
termination, you must destroy all materials. In addition, by providing
material on our Web site, we do not in any way promise that the materials
will remain available to you. And The Goals Guy is entitled to
terminate all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the State of Florida, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
The Goals Guy and/or its affiliates' intellectual property rights,
The Goals Guy and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of Florida,
and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the following
location: Palm Harbor, Florida. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at
the following location: Palm Harbor, Florida, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
The Goals Guy may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and without notice
to you. This is the ENTIRE agreement regarding all the matters that have
been discussed.
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