Terms and Conditions
We are glad you are visiting our site. The following statement governs our relationship with users and others who interact with dspencerphd.com.
Legal Notice - This website is provided by Douglas Spencer, LLC (OWNER) and may be used for informational use only.
By using this web site (SITE) or downloading materials from this Site, you agree that you have read, understood and will abide by the terms and conditions (TERMS) set forth in this notice governing use of the Site.
If you do not agree to abide by these Terms you have no right to use the Site or download materials from the Site.
The terms “YOU” and “YOURS” refers to a company, person or other legal entity using the Site. Privacy Your privacy is very important to us. We designed our Privacy Policy to tell you about how we use and share personal information in order to respect and protect your privacy. We encourage you to read the Privacy Policy.
Limited License
You are authorized you to use, view and download and save materials on the Site for noncommercial reference or personal use only. This authorization is not a transfer of title of content. The content on the Site is protected by copyright and other United States and international law. The Site is © 2009 Douglas Spencer, LLC and original copyright holders. All rights not expressly granted to you are reserved.
You shall not modify or make derivative works based upon the Site or copy or imitate any features, ideas, graphics, or functions of the Site.
You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Intellectual Property
The Owner alone shall own all right, title and interest and all related Intellectual Property Rights. This Agreement is not a sale. It does not convey to you: (1) any rights of ownership in the Site or related to the Site; (2) Intellectual Property Rights; (3) rights to the Technology used on the Site.
The Douglas Spencer™ name, and the DouglasSpencerPhD™ logo are trademarks and no right or license is granted to use them.
Use of the Site does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. You agree to comply with all copyright and intellectual property laws worldwide in your use of the Site.
Any suggestions, ideas, enhancement requests, feedback, or recommendations related to the Site that you provide to the Owner are property of the Owner.
Third-Party Sites
As a convenience to you, the Owner may provide through the Site links to Websites operated by other entities. Owner makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or Sites described thereon. In no event shall Owner or its licensors be responsible for any content, products, or other materials on or available from linked web sites.
If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
All links to the Site must be approved in writing by Owner, except that Owner consents to links in which: (i) the link is a text-only link containing only the Site name; (ii) the link "points" only to the Site’s home page and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Owner nor be such as to damage or dilute the goodwill associated with the name and trademarks of Owner. Owner reserves the right to revoke this consent to link at any time in its sole discretion.
Limitation of Damage
IN NO EVENT SHALL OWNER AND/OR ANY OF ITS SUBSIDIARIES AND/OR LICENSORS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE, PROFITS, ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER DATA) THAT ARE RELATED TO OR ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU FOR USE OF THE SITE IN THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT OWNER PROVIDES THE SITE AND ALL CONTENT "AS-IS" AND WITHOUT ANY WARRANTIES. OWNER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE, COMPLETE, OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OWNER AND ITS LICENSORS.
Owner will utilize reasonable commercial efforts to provide the Site on a 24/7 basis. The Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Owner is not responsible for any disruption, regardless of length, any delays, delivery failures, or other damage resulting from such problems. Furthermore, Owner shall not be liable for losses or damages you may incur due to any errors or omissions in any Content or any inaccurate interpretations of data due to your inability to access data due to disruption of the Site.
You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet Site provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
Force Majeure - If the performance of this Agreement or any obligations hereunder is prevented or interfered with by reason of fire or other casualty or accident, strikes or labor disputes, war or other violence, any law, proclamation, regulation, or requirement of any government agency, or any other act or condition beyond the reasonable control of a party hereto, that party upon giving prompt notice to the other party shall be excused from such performance during such occurrence.
Changes
Owner reserves the rights, at its sole discretion, to change, modify, add or remove any portion of this Agreement or its policies in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Owner may also make improvements and/or changes to the Site at any time without notice.
In no event will changes to these Terms result in additional charges for access to the Site under your current License(s) without your prior agreement to pay such charges.
General
This Site is controlled, operated and administered by Owner from its offices within the United States of America (U.S.). With respect to U.S. Customers, this Agreement shall be governed by Florida law and controlling United States federal law. The State of Florida shall be the forum for any lawsuits arising from or incident to this Agreement.
Both parties agree that any dispute that may arise regarding the meaning or performance of this Agreement, prior to litigation, be submitted to mediation upon the written request of either party. All mediations initiated, as a result of this Agreement shall be administered by the American Arbitration Association. The results of mediation will be binding only upon written agreement of both parties. The cost of any mediation proceeding shall be borne by both parties.
No joint venture, partnership, employment, or agency relationship exists between you and Owner as a result of this agreement or use of the Site.
The failure of Owner to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
This Agreement constitutes the entire agreement between you and Owner with respect to your use of the Site.
If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Definitions
As used in this Agreement and any accompanying Scope of Site now or hereafter associated herewith:
"Agreement" means these online terms of use.
"Content" means the audio and visual information, documents, products, Sites, and software and contained or made available to you in the course of using the Site.
“Owner” means collectively Douglas Spencer, the operator of the Site.
“Technology” means proprietary technology (including algorithms, designs, know-how, processes, products, software, techniques, user interfaces, and other tangible or intangible technical material or information) made available to you by Owner in providing the Site.
"Intellectual Property Rights" means patent applications, patents, unpatented inventions, design rights, copyrights, Site marks, trademarks, domain name rights, trade names, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
"Site" means the specific edition of the web site rendered to you by Owner to which you are being granted access under this Agreement.
“User” means a company or other legal entity with license to use the Site.
“Terms” means the terms and conditions set forth in this notice governing use of the Site.
“User(s)" means your employees or agents who are authorized to use the Site and have been supplied user identifications and passwords by Owner.