Effective: August 11, 2012
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Site, including through a registration process or other means. In the event of a conflict between the Terms and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application will control.
General Terms and Restrictions on Use of Materials
All materials contained on the Site and within the Services are protected by United States and international trademark and copyright laws, and except where otherwise noted, are owned or controlled by Steve Bailey Consulting and must only be used for certain limited purposes. You may only view or download material from this Site for your own personal use and you must keep all copyright and other proprietary notices attached to the viewed or downloaded material.
Steve Bailey Consulting hereby grants each User a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access the Steve Bailey Consulting content and information available on the Site and within the Services according to the provisions contained herein, and subject to the payment of the applicable registration or subscription fees and adherence to these Terms. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site or through the Services is STRICTLY PROHIBITED without the prior written consent of Steve Bailey Consulting or unless expressly permitted or intended by this Site or other written agreement with Steve Bailey Consulting. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site or within the Services by Steve Bailey Consulting ("Steve Bailey Consulting Content") or any User ("User Content", and collectively with the Steve Bailey Consulting Content, "Content"). The use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site, or to otherwise make Steve Bailey Consulting Content available to any third party, can be made by contacting Steve Bailey Consulting in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
If you do not comply with the Terms at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site, the Services or Content. We may discontinue or alter any aspect of the Site or Steve Bailey Consulting Content, including, but not limited to, (i) restricting the time the Site or the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any User's right to use the Site, the Services or the Steve Bailey Consulting Content, at our sole discretion and without prior notice or liability.
You acknowledge and agree that Steve Bailey Consulting may preserve and disclose User Content if required to do so by law or if Steve Bailey Consulting believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of Steve Bailey Consulting, any Users of the Site, and the public.
Steve Bailey Consulting may allow users to place Orders for products and/or services via the Site or through an affiliated website or through a third-party affiliate. "Order" will mean any order placed by a user for products and/or services via the Site or affiliated website or third party affiliate that is accepted by Steve Bailey Consulting. In the event that you are a User placing an Order to purchase products and/or services, you are subject to the additional terms of this section as well as any other terms and conditions regarding the purchase of such products and/or services provided by Steve Bailey Consulting throughout the Site or otherwise. Upon placing an Order, you agree to pay to Steve Bailey Consulting the purchase price for the products or services set forth in the Order. Prices and availability of products are subject to change without notice.
User Comments, Feedback And Other Submissions
We welcome your comments regarding the Site or the Services. Please note, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") will be and remain the exclusive property of Steve Bailey Consulting. Your submission of any such Comments constitutes an assignment to Steve Bailey Consulting of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Steve Bailey Consulting will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way.
As a service to our Users, we provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content is not an endorsement, sponsorship or recommendation by Steve Bailey Consulting. Furthermore, Steve Bailey Consulting expressly disclaims any liability associated with material posted by third parties. Please be aware that when you exit our Site, you are subject to the policies of the new website. You further acknowledge and agree that Steve Bailey Consulting is not 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 third-party content, goods or services available on or through any third-party site or resource. Any opinions, advice, statements, services, offers or other information or content made available by third parties are those of the respective author(s), and Steve Bailey Consulting is not responsible for any material posted by third parties.
You must not (nor cause any third party to) use the Site or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:
- capture, download, save, upload, print or otherwise retain information and content available on the Site or within the Services other than what is expressly allowed by these Terms;
- permit or provide others access to the Site or the Services using Your user name and password or otherwise, or the name and password of another authorized User;
- remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site or through the Services;
- transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; or "deep link" to the Site content;
- violate or attempt to violate Steve Bailey Consulting' security mechanisms, access any data or server or otherwise reverse engineer any Steve Bailey Consulting hardware or software. Users are not authorized to access or otherwise breach the security of the Site, any Steve Bailey Consulting equipment or hardware, or corrupt the Site in any way. disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- utilize the Site, the Services or any Steve Bailey Consulting content in or for advertising or commercial content;
- interfering with or disrupting the Site or the Services;
- disrupting the activities or enjoyment of the Site or the Services for other Users; or
- collecting, or storing personal data about other Users.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.
Steve Bailey Consulting is not responsible for unintended people use your account ID, password or and reference IDs and view your references. Steve Bailey Consulting is not responsible for the unauthorized access to or use of your references. If you are or become aware of any unauthorized use of your account, it is your responsibility to determine the perpetrators and take legal action against them. Though the destination of confidential references is checked manually, Steve Bailey Consulting is not responsible if confidential references are sent to incorrect or unintended e-mail addresses. Comments or opinions expressed in references are those of the individual evaluators only, and do not represent the views of Steve Bailey Consulting or its employees. Users of the Site are not allowed to copy and redistribute references to people other than those intended.
The Online Services may allow Users to upload data, or User Content, into the Site and through the Services. Because User Data is selected and uploaded solely by Users, Steve Bailey Consulting does not control such User Data. In connection with the User Data, User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize Steve Bailey Consulting to use all User Data and to enable inclusion and use of the User Data in the manner contemplated hereunder. User retains all ownership rights in the User Data. By uploading User Data to the Site and into the Services, User hereby grants Steve Bailey Consulting a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, prepare derivative and collective works utilizing, display and perform the User Data for purposes of providing the Services under this Agreement. User acknowledges that any User Data made available to or shared by Steve Bailey Consulting to its affiliates or trusted representatives based on user-defined preferences, including but not limited to Season2buy or other inventory control services, may continue be shared with, made available to, used, or reproduced, distributed, modified, edited, adapted, published, translated, incorporated or otherwise displayed by such third parties whether or not such User Data is made available by a User to Steve Bailey Consulting or User's Steve Bailey Consulting account is active. Additionally, User grants to Steve Bailey Consulting a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to use, reproduce, adapt, perform, compile, display, incorporate, modify and create derivative and collective works utilizing User Data in a de-identified format for the improvement of the Site and Services and Steve Bailey Consulting' other products and services (as may exist now or in the future) and for such other lawful purposes as Steve Bailey Consulting sees fit. For the avoidance of doubt, Steve Bailey Consulting will compile and present such User Data in such a manner that data cannot reasonably uniquely identify, either explicitly or implicitly User or any individual in the event it uses User Data in such a manner.
All User Data originates from Users, and as such, is beyond the control of Steve Bailey Consulting. Steve Bailey Consulting neither initiates the uploading of such User Data nor monitors the specific content or accuracy of the User Data being uploaded. Without limiting the generality of any other provision of this Agreement, Steve Bailey Consulting shall have no responsibility for or liability related to the accuracy, content, currency, completeness or delivery of the User Data provided by any User. User is responsible for the accuracy, content, currency, completeness and delivery of the User Data uploaded by such User, and User warrants that the User Data posted by User is accurate, current and complete.
Release / Indemnification
You agree to release Steve Bailey Consulting, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site or the Services, including fraudulent references or other abuses of the Site or the Services.
You agree to defend, indemnify and hold Steve Bailey Consulting, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or the Services, or any services or products offered by Steve Bailey Consulting.
Exclusion of Warranties / Disclaimer
ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION CONTAINED ON THIS SITE AND WITHIN THE SERVICES IS AS ACCURATE AS POSSIBLE, WE GIVE NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICES AND/OR ANY MATERIALS PROVIDED THEREIN. FURTHER, STEVE BAILEY CONSULTING DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RELIABILITY OF ANY OF THE CONTENT FOUND ON THE SITE OR WITHIN THE SERVICES, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SITE OR WITHIN THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS. STEVE BAILEY CONSULTING EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE OR THE SERVICES, STEVE BAILEY CONSULTING CONTENT OR ANY SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IF STEVE BAILEY CONSULTING IS INFORMED OF ANY INACCURACIES ON THE SITE OR WITHIN THE SERVICES, WE WILL ATTEMPT TO CORRECT THE INACCURACIES AS SOON AS WE REASONABLY CAN. IF YOU OBTAIN A PRODUCT OR SERVICE FROM STEVE BAILEY CONSULTING FROM THE SITE THAT IS PROVIDED WITHOUT AN AGREEMENT, THAT PRODUCT OR SERVICE IS PROVIDED ON AN "AS IS" BASIS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEVE BAILEY CONSULTING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STEVE BAILEY CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTERS RELATING TO THE SITE OR THE SERVICES. IN NO EVENT SHALL STEVE BAILEY CONSULTING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Legal or Financial Advice
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ANY CONTENT OR OTHER INFORMATION CONTAINED THEREIN ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND MAY NOT BE RELIED UPON AS LEGAL OR FINANCIAL ADVICE. STEVE BAILEY CONSULTING HAS NO LIABILITY TO YOU OR ANY OTHER PERSON RELATING TO OR RESULTING FROM THE USE OF THE WEBSITE AND ANY CONTENT OR OTHER INFORMATION CONTAINED THEREIN, OR ANY ERRORS IN OR OMISSIONS THEREFROM. STEVE BAILEY CONSULTING WILL NOT BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEBSITE OR ANY CONTENT OR OTHER INFORMATION THEREIN.
Governing Law and Other Miscellaneous Terms
The validity and effect of the Terms shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each User consents to the exclusive jurisdiction of any federal or state court situated in or serving Cole County, Missouri, as Steve Bailey Consulting selects in its sole discretion. The prevailing party will be entitled to recover its attorneys' fees and court costs, together with any other relief awarded by a court of competent jurisdiction. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE OR THE SERVICES, USE OF THE SAME, THESE TERMS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF STEVE BAILEY CONSULTING, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Changes to Our Policies
Our Terms are intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Terms at any time without prior notice. If you have any questions, or would like further clarification, please email us at steve (at) stevebaileyconsulting (dot) biz. Any changes in Steve Bailey Consulting' policies will be communicated on this page.
This Site is operated by Steve Bailey Consulting, L.L.C. All inquiries may be directed to:
Steve Bailey Consulting, L.L.C.
59 Lake Indian Hills Circle
Carbondale, IL 62902
steve (at) stevebaileyconsulting (dot) biz