TERMS OF USE

TERMS OF USE

Last Updated: August 15, 2017

Your access and use of the Grisdale Consulting, LLC’s (“Company”) blog (“Blog”) is subject to these Terms of Use (“Terms of Use”) and all applicable laws and regulations. By accessing and using the Blog on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms of Use.  We have the right to change the Terms of Use at any time. Changes will be effective 30 days after posting such notice. Your continued use of the Blog shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Blog.

In consideration of your use of the Blog, you agree to provide complete and accurate information about yourself when prompted. We have the right to suspend or terminate your right to post Content (defined below) if we believe that the information you have provided is inaccurate. Any personal data information we collect from you is in accordance with Company’s privacy policy. Any other material you transmit will be treated as non-confidential and non-proprietary.

Your Blog participation is important to us and we encourage you to say what is on your mind.  However, You agree to use the Blog in a manner consistent with all laws, regulations and these Terms of Use. You are expressly and unambiguously prohibited from: posting any information, testimonial, data, text, music, sound, photograph, graphic, video or message (collectively “Content”) that:

  1. could be considered obscene, lewd, lascivious, excessively violent, harassing, patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. provides any telephone number, street address, email address, or photograph of another person, without that person’s consent, or otherwise constitutes an invasion of an individual’s privacy;
  3. violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
  4. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or involves commercial activities or sales.

We do not pre-screen Content posted by users and cannot guarantee the Blog will be free from Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user Content or activities of users on the Blog. Even in the event we choose to monitor any user Content, we assume no responsibility for, or any obligation to monitor or remove, such user Content. You grant us the right to collect, use and share your content in accordance with these Terms of Use and our privacy policy. If you have concerns about any content posted by another user, please notify us.  We reserve the right to remove Content for any reason, at our sole discretion.

With respect to any Content you post on the Blog, you grant to Company a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such Content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such Content is not confidential. By posting or distributing such Content, you understand that it may be freely copied and distributed by others without your permission.  In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.

 

Except where otherwise noted, you may use content on the Blog under a Creative Commons Attribution 3.0 License. This does not give you the right to use any of Grisdale Advisors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without our consent, except as necessary to provide attribution.

You represent and warrant that: (i) you are 13 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Blog; (iii) you are eligible to use the Blog and have the right and power to enter into these Terms of Use; (iv) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Blog, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Blog; and (vi) you and your use of the Blog will be in compliance with these Terms of Use.

You agree to defend, indemnify and hold harmless Grisdale Consulting, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Blog, including, but not limited to, your user Content, any use of the Blog’s Content (other than as expressly authorized in these Terms of Use) or your use of any information obtained from the Blog.

THE BLOG IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE BLOG AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY DOES NOT WARRANT THAT THE BLOG WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. COMPANY ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE BLOG. COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE BLOG.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRISDALE CONSULTING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by Company without restriction.

This Agreement shall be governed by the laws of the State of California  without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in , San Francisco County, California , and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.   Any cause of action or claim you may have with respect to Company or the Blog must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use. If any provision in these Terms of Use is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable. These Terms of Use constitute the entire agreement between you and us and govern your use of the Blog. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.