Terms of Use – Nancy E. Joyner

Welcome to www.nancyjoyner.com, (the “Website”).  The Website is owned and operated by Nancy Joyner Consulting (“NJC”).  By accessing and using the Website, you agree to each of the terms and conditions set forth herein (“Terms of Use”).

NJC reserves the right, in its sole discretion, to modify the Terms of Use at any time without giving you prior notice.  Your use of the Website following any such modification constitutes your agreement to be bound by the Terms of Use as modified.

Use

You may use the Website and its content solely for non-commercial, personal use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, make any derivative use of, data mine or use other forms of data extraction, transfer, or sell any information, software, products, services or other content obtained from the Website.  No right, title or interest in any Website content is transferred to you as a result of using or downloading such content or otherwise.  NJC reserves complete title and full intellectual property rights in all such content.

Copyrights

The Website and all content and information on the Website including, but not limited to, name, designs, logos, graphics, photographs, video and audio are protected by United States and/or foreign copyrights laws and belong to NJC, or its partners, affiliates, contributors or third parties.  You may use Website content for non-commercial, non-public, personal use only.

Trademarks

You are prohibited from using any of the marks or logos appearing on the Website without the permission of the trademark owner whether by means of meta-tags, “hidden text,” “framing,” or otherwise.

Downloading

You may not download (other than page caching) any portion of the Website.  NJC does not warrant that files downloaded from the Website will be free of infection by software viruses or other harmful computer coped, files or programs.

Privacy Policy

The NJC Privacy Policy is available for your access at the bottom of our home page.  By using this Website you agree with the terms of our Privacy Policy and when you submit information by way of the Website, you are consenting to the collection, use and disclosure of such information in accordance with the NJC Privacy Policy.

Disclaimer of Warranties

All of the information, services and materials on the Website are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  NJC does not warrant that the functions performed by the Website, or the services provided, will be uninterrupted, timely, secure or error-free or that defects in the Website or services will be corrected.  NJC does not warrant that the accuracy or completeness of the Website’s content, or that any error in such content will be corrected.  No information, advice, or guidance, whether oral or written, received by you from NJC or the Website shall create any warranty.

Limitation of Liability

In no event shall NJC be liable to any person or entity, including, without limitation, persons or entities who may submit information, use or rely on the Website or to whom any information on the Website may be furnished, for any loss or damage of any kind or character whatsoever, whether direct, indirect, consequential, special, punitive or otherwise, arising out of, based upon or resulting from any use of or reliance on the Website or any information or opinions contained herein, including, without limitation information provided by third parties, whether based on contract, tort, negligence, strict liability or otherwise even if NJC has been advised of the possibility of such damages.  If you are dissatisfied with the Website, the services provided, the content of the Website or the Terms of Use, your sole and exclusive remedy is to discontinue use of the Website.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the foregoing limitation may not apply to you.  In such states, NJC’s liability is limited and warranties are excluded to the fullest extent permitted by law, but shall, in no event exceed $100.00.

Without limiting the foregoing, under no circumstances shall NJC or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Advice

Advice received via this Website is for personal and medical advice, not legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Links to Third Party Sites

The Website may contain links to third party web sites (“Linked Sites”).  If you use these Linked Sites, you will leave this Website and be subject to the Terms of Use of the Linked Site you have chosen.  The Linked Sites are not under the control of NJC and NJC is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  NJC is not responsible for webcasting or any other form of transmission received from any Linked Site.  NJC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NJC of the site or any association with its operators.

Unsolicited Ideas

NJC does not accept or consider unsolicited ideas or suggestions.  Please do not send such ideas or suggestions to us.  If you do send unsolicited ideas or suggestions, then regardless of what your email, posting, or other transmission may say, (1) your idea will automatically become the property of NJC without compensation to you, (2) NJC will have no obligation to return your idea to you or respond to your submission in any way, (3) NJC will have no obligation to keep your idea confidential, and (4) NJC may use your idea for any purpose, including giving your idea to others.

Indemnity

You agree to defend, indemnify and hold harmless NJC, subsidiaries, affiliated companies, partners, licensors, officers, directors, agents, and third party information providers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use, misuse or inability to the Website or your violation of any term of these Terms of Use.  This indemnification obligation will survive these Terms of Use and your use of the Website.

General

These Terms of Use constitute an agreement between you and NJC with respect to the use of the Website (this “Agreement”) are governed by the laws of the State of Florida.  You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Florida in all disputes arising out of or relating to this Agreement or use of the Website.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.  You agree that no joint venture, partnership, employment or agency relationship exists between you and NJC as a result of this Agreement or use of the Website.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. This Agreement constitutes the entire agreement between the user and NJC with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties with respect to the subject matter hereof.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.