Tuesday, February 10, 2015

Legal Disclaimer / Terms and Conditions

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Updated: February 10, 2015

The Terms and Conditions include the following sections:

  • Forward
  • Purpose
  • Introduction
  • Definitions
  • License to use website
  • Acceptable use
  • Restricted access
  • User Content
  • No Warranties
  • Limitations of liability

  • Exceptions
  • Reasonableness
  • Other parties
  • Unenforceable provisions
  • Indemnity
  • Breaches of these terms and conditions
  • Variation
  • Assignment
  • Severability
  • Entire agreement
  • Credits
Users under the age of 18 years of age may not use this website or its services without express permission and/or direct guidance of a parent or legal guidance. By using our website, you automatically have agreed that you are subject to any additional posted guidelines, rules, terms and conditions applicable to our website / services, which are hereby incorporated by reference into this Agreement. Your use of our website constitutes your acceptance of this Agreement and any updates.

It is not the purpose of the sections titled “Legal Policy” and “Privacy Policy”, to attempt to confuse the user of this website and its contents, but to provide a legal buffer to facilitate and protect both interests. It is our purpose to remain ‘user friendly’, and to that extent to answer any of your questions or needs as promptly as possible – see Contact Us. Do not be afraid to explore any of the accessible web pages. Do not hesitate to contact us if you have any questions. The following text is a common formality within most websites:

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

  • "Ilene Proctor" – The name Ilene Proctor, Ilene Proctor International Public Relations, Ilene Proctor Public Relations, Ilene Proctor & Associates, www.IleneProctor.com, www.IleneProctor.net, or "the owner", "the operator", if referred to within the text of this agreement, are all synonymous with any of each other or the same.
  • "Ilene Proctor International Public Relations" – Ilene Proctor or otherwise known as Ilene Proctor International Public Relations company is the owner of the website and current holder of the domain as both http://www.ileneproctor.com/ and http://www.ileneproctor.net/, and holds the copy rights as described by United States and international copyright laws. 
  • "The owner" - Ilene Proctor may be referred herein this text as the owner.
  • "you", "your", "the user", and likewise are considered a person (or persons) who are using this website, and if that person is under the age of 18, or whereby considered a 'minor', refers also to the parent or legal guardian of that person.
License to use website
Unless otherwise stated, Ilene Proctor International Public Relations 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 the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
  • 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 [except for content specifically and expressly made available for redistribution].

You may, or are allowed to do any of the following:
  • You may republish material from this website, excluding information published herein from other websites or sources, under the condition that this website is sited (or referenced) within the context of the republication. No advance notice is required, but such notification is appreciated;
  • You may show material from this website in public;
  • You may link to this website in any publication, article, or within your website. If you notify us, we may, at our sole discretion, link back to your publication, article, or website on our website. 

Acceptable use
You must not 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.
  • You must not 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.
  • You must not 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 the owner’s express written consent.
  • You must not use this website to transmit or send unsolicited commercial communications.
  • You must not use this website for any purposes related to marketing without Ilene Proctor International Public Relations express written consent.

Restricted access
Access to certain areas of this website is restricted. Ilene Proctor International Public Relations, the owner, reserves the right to restrict access to specific areas of this website, or indeed this entire website, at the owner’s discretion.
      If the owner 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.
     The owner may disable your user ID and password in the owner’s 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 to Ilene Proctor International Public Relations, the owner, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content, excluding personal information other than your name, in any existing or future media, without your express consent or direction.  You also grant to the owner 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 the owner 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.
     The owner (of this website) reserves the right to edit or remove any material submitted to this website, or stored on the owner's servers, or hosted or leased servers, or hosted or published upon this website.
     Notwithstanding Ilene Proctor International Public Relation's rights under these terms and conditions in relation to user content, the owner does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. Ilene Proctor International Public Relations, the owner, makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, the owner 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.
     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.]

Limitations of liability
Ilene Proctor International Public Relations, the owner, 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 the owner has been expressly advised of the potential loss.

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 the owner’s liability in respect of any:
  • death or personal injury caused by the owner’s negligence;
  • fraud or fraudulent misrepresentation on the part of the owner; or
  • matter which it would be illegal or unlawful for the owner to exclude or limit, or to attempt or purport to exclude or limit, its liability. 
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Ilene Proctor International Public Relations, the owner, has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against the owner’s officers or employees in respect of any losses you suffer in connection with the website.
     Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the owner’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ilene Proctor International Public Relations.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

You hereby indemnify Ilene Proctor International Public Relations, the owner, and undertake to keep the owner indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the owner to a third party in settlement of a claim or dispute on the advice of the owner’s legal advisers) incurred or suffered by the owner 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.

Breaches of these terms and conditions
Without prejudice to Ilene Proctor International Public Relations, the owner, other rights under these terms and conditions, if you breach these terms and conditions in any way, the owner may take such action as the owner deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Ilene Proctor International Public Relations, the owner, may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Ilene Proctor International Public Relations, the owner, may transfer, sub-contract or otherwise deal with the owner’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.  

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.

Entire agreement
These terms and conditions constitute the entire agreement between you and Ilene Proctor International Public Relations, in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with state and federal laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of that/those jurisdictions.

The text of this document was provide in part or in whole by www.freenetlaw.com. This website was designed  by Alan Brett Covey, the sole proprietor of Matrix Star <www.matrixstar.net> (brett@matrixstar.net). This website was built with the software, Adobe Muse and exclusively for the owner, Ilene Proctor International Public Relations and of the domain www.ileneproctor.net or www.ileneproctor.com as applicable. The website hosting and domain is through goDaddy.com.

Media Contact, Ilene Proctor
310-858-6643, Cell: 310-721-2336

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