Achievement Specialists Limited Terms and Conditions of Use of/from http://www.thebusinesscoachinghandbook.com

 

ACCEPTANCE OF TERMS

The web pages available at www.thebusinesscoachinghandbook.com, and all linked pages ("Site"), are owned and operated by Achievement Specialists Limited. ("Achievement Specialists Limited") and is accessed by you under the Terms and Conditions of Use described below ("Terms of Use").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY OF THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY SERVICES OR CONTENT (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES OR ANY CONTENT IN THE SITE. ACHIEVEMENT SPECIALISTS LIMITED'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ACHIEVEMENT SPECIALISTS LIMITED, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

MODIFICATIONS OF TERMS OF USE

Achievement Specialists Limited reserves the right, at its sole discretion, to modify or replace the Terms and Conditions of Use at any time. If the alterations constitute a material change to the Terms of Use, Achievement Specialists Limited will notify you via email. What constitutes a "material change" will be determined at Achievement Specialists Limited's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of Use as modified.

  1. SERVICE DESCRIPTION

Subject to full compliance with the Terms of Use, Achievement Specialists Limited may offer to provide certain content and services, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Achievement Specialists Limited performs for you, as well as the offering of any materials performed or displayed on the Site (including, but not limited to text, data, messages, news articles, information, photographs, graphics, images, illustrations, audio clips and video clips, user comments, software, also known as the "Content") on the Site. Achievement Specialists Limited may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Achievement Specialists Limited may also impose limits on certain services and features or restrict your access to parts or all of the Services without notice or liability.

  1. OBLIGATIONS OF YOUR REGISTRATION  

As a condition to using Services, you are required to register with Achievement Specialists Limited and select a password and user name ("Achievement Specialists Limited User ID"). You shall provide Achievement Specialists Limited with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Achievement Specialists Limited account. You may not (i) use as a Achievement Specialists Limited User ID a name subject to any rights of a person other than you without appropriate authorization;  (ii) select or use as a Achievement Specialists Limited User ID a name of another person with the intent to impersonate that person; or (iii) use as a Achievement Specialists Limited User ID a name that is otherwise offensive, obscene or vulgar. Achievement Specialists Limited reserves the right to refuse registration of, or cancel a Achievement Specialists Limited User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Achievement Specialists Limited password.

Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

3.   USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms and conditions of Use, or any other purpose not reasonably intended by Achievement Specialists Limited.

By way of example, and not limited to, you agree not to use the Services:

    1. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Achievement Specialists Limited user;
    2. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
    3. to abuse, harass, threaten, impersonate or intimidate other Achievement Specialists Limited users;
    4. to create or submit unwanted email ("Spam") to any other Achievement Specialists Limited users or any URL;
    5. to contribute any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
    6. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all the laws of England and the English Courts shall have non-exclusive jurisdiction regarding online conduct and acceptable content;
    7. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (ii); take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
    8. to violate any laws in your jurisdiction (including but not limited to copyright laws);
    9. with the intention of artificially inflating or altering the 'Achievement Specialists Limited count', blog count, comments, or any other Achievement Specialists Limited service, including by way of creating separate user accounts for the purpose of artificially altering Achievement Specialists Limited's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Achievement Specialists Limited's services.

 

  1. CONTENT AND CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Achievement Specialists Limited may remove any Content and Achievement Specialists Limited accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms and Conditions of Use abuse, please email: abuse@achievementspecialists.co.uk  

By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Copyright, Designs and Patents Act 1988 of England and the English Courts shall have non-exclusive jurisdiction regarding online conduct and acceptable content.

 

  1. COPYRIGHT COMPLAINTS PROCEDURE

Achievement Specialists Limited respects the intellectual property of others. It is Achievement Specialists Limited's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Achievement Specialists Limited will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Copyright, Designs and Patents Act 1988 of England and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Copyright, Designs and Patents Act 1988 of England, Achievement Specialists Limited may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Achievement Specialists Limited will terminate access for subscribers and account holders who are repeat infringers.

Notifying Achievement Specialists Limited of Copyright Infringement: To provide Achievement Specialists Limited notice of an infringement, you must provide a written communication to the attention of "Copy Right Infringement Notification Dept." care of abuse@achievementspecialists.co.uk  that sets forth the information specified by the Copyright, Designs and Patents Act 1988 of England . Please note that you may be liable for damages (including costs and legal representative fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Achievement Specialists Limited with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Achievement Specialists Limited with a counter notification by written communication to the attention of " Copy Right Infringement Notification Dept." at abuse@achievementspecialists.co.uk that sets forth all of the necessary information required by the Copyright, Designs and Patents Act 1988 of England.

Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of a legal professional.

  1. ACHIEVEMENT SPECIALISTS LIMITED PRIVACY POLICY

Achievement Specialists Limited's current privacy policy is available at www.thebusinesscoachinghandbook.com/privacy (the "Privacy Policy"), which is incorporated by this reference.

  1. INDEMNITY

You will indemnify and hold harmless Achievement Specialists Limited, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable legal. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms and Conditions of Use by you, or the infringement by you, or any third party using your account or Achievement Specialists Limited User ID, of any intellectual property or other right of any person or entity.

  1. WARRANTY DISCLAIMERS

You acknowledge that Achievement Specialists Limited has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Achievement Specialists Limited from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Achievement Specialists Limited makes no representations concerning any content contained in or accessed through the Site, and Achievement Specialists Limited will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

  1. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Achievement Specialists Limited has no control over such sites and resources, you acknowledge and agree that Achievement Specialists Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Achievement Specialists Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL ACHIEVEMENT SPECIALISTS LIMITED OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES.

  1. TERMINATION

Achievement Specialists Limited may terminate or suspend any and all Services and your Achievement Specialists Limited account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Achievement Specialists Limited account, you may simply discontinue using the Services. All provisions of the Terms and Conditions of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions of Use and you do not have any authority of any kind to bind Achievement Specialists Limited in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Achievement Specialists Limited shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Achievement Specialists Limited's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms and Conditions of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions of Use shall otherwise remain in full force and effect and enforceable. The Terms and Conditions of Use is not assignable, transferable or sublicensable by you except with Achievement Specialists Limited's prior written consent. Achievement Specialists Limited may transfer, assign or delegate the Terms and Conditions of Use and its rights and obligations without consent. The Terms and Conditions of Use shall be governed by and construed in accordance with all the laws of England and the English Courts, as if made within England between two residents thereof, and the parties submit to the exclusive jurisdiction of the Supreme Court of England.  

Notwithstanding the foregoing sentence, (but without limiting Achievement Specialists Limited's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with The Chartered Institute of Arbitrators UK. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with The Chartered Institute of Arbitrators UK., which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in England using the English language and pursuant to the rules of The Chartered Institute of Arbitrators UK.. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs any legal fees. Both parties agree that the Terms and Conditions of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.