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Terms of Use
Effective January, 2021
These are the Terms of Use (“Terms“) for the Guide Little Minds (“GLM“) which govern your access to and use of the websites, apps, and digital platforms provided by GLM (collectively the “Websites“). Please note your access to and use of the Websites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Websites you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE WEBSITES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
Your Acceptance Of The Terms
Please be aware that these Terms constitute a binding legal agreement between you and the GLM outlining your legal rights, obligations, and remedies arising from your use of the Websites. You agree you are responsible for your use of the Websites and any consequences resulting from your use of the Websites. You may use the Websites only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Websites.
You may use the Websites only if you can form a binding contract with the GLM and are not a person barred from receiving services under the laws of South Africa or other applicable jurisdictions. If you are accepting these Terms and using the Websites on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Websites because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Websites.
By accessing or using the Websites, you (the “User“) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of the GLM’s Privacy Notice. In addition, your use of the Websites is governed by the terms of their respective Institutional License Agreements which are incorporated into your agreement with the GLM by this reference and which must be entered into with the GLM prior to using those Websites and their associated services.
These Terms apply to anyone who accesses or uses the Websites, whether or not you have registered for an account with the GLM or are a member of the GLM. By using the Websites you agree you accept the terms and conditions of the Terms and Privacy Notice. The Websites are always evolving and the form and nature of the Websites may change from time to time without prior notice to you. In addition, the GLM may permanently or temporarily stop providing the Websites, or features of the Websites, and may not provide you with prior notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITES. BY ACCESSING OR USING THE WEBSITES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITES.
Privacy
The GLM knows you care about your privacy. Any information you or other users provide to the GLM or which we collect about you or others is subject to our Privacy Notice. To learn more about how the GLM collects, uses, shares, and secures your information, please review the GLM’s Privacy notice, which is incorporated into your agreement with the GLM by this reference.
Eligibility To Use The Websites
The Websites are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Websites in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Websites and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Websites; and (3) that your use of the Websites is in compliance with any and all applicable laws and regulations.
Your Representations & Warranties to GLM
By using the Websites, you represent, warrant, and agree:
- You will only use the Websites for lawful purposes, and you will not use the Websites for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use the Websites to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the Websites or any network which is used to support or access the Websites;
- You will not try to harm the Websites in any way whatsoever;
- You will not copy, or distribute the Websites or other content without written permission from the GLM;
- You will only use the Websites for your own use and will not resell any aspect of the Websites to a third party;
- You will keep secure and confidential your account password or any identification we may provide you which allows access to the Websites; and
- You will provide us with whatever proof of identity we may reasonably request.
Accounts & Registration
Registering for a Websites Account: In order to use or access certain Websites or features of the Websites, you may be asked to register for a user account (a “Websites Account“) and become a registered user of the Websites (a “Registered User“). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Websites Account you register, and for any actions that arise from or take place using your Websites Account, whether or not you have authorized such actions or use; and (5) immediately notify the GLM of any unauthorized use of your Websites Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Websites Account.
Your Websites Account Information: You may not select or use a Websites Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and the GLM; or (4) that, in the GLM’s sole discretion, is offensive, vulgar, or obscene. The GLM reserves the right to refuse registration of a Websites Account, or cancel any account name, in its sole discretion.
The GLM’s Termination of Access to the Websites: The GLM maintains the right to suspend or disable your access to the Websites and any Websites Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if the GLM otherwise determines such action is warranted. The GLM reserves the right to revoke your access to and use of the Websites at any time, with or without cause, whether or not you have established a Websites Account or are a Registered User.
The Cancellation of Your Websites Account or Use of the Websites: You may cancel your Websites Account or your access to the Websites at any time by contacting the GLM using the information below. Upon cancellation of your Websites Account, the GLM may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Websites.
User Conduct
As a condition of your use of the Websites, you agree not to use the Websites: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by the DR FLETT as typical or expected use of the Websites consistent with the purposes for which the Websites were created. You specifically agree you will not do any of the following:
- Use the Websites for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
- Abuse, harass, threaten, impersonate, or intimidate others;
- Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that the DR FLETT or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by the DR FLETT in its sole discretion;
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any User;
- Create or submit unwanted email (“Spam”) to any other person or any URL;
- Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
- With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Websites for any purpose without our express written permission;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Websites or any activities conducted on or through the Websites;
- Bypass any measures we may use to prevent or restrict access to the Websites or any part of the Websites;
- Interfere with the operation of the Websites or any User’s enjoyment of the Websites, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Websites; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Websites, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- Share, sell, or otherwise transfer the access granted to you to the Websites, including information regarding your Websites Account login information, or password, or otherwise permit any other person to access the Websites using your information, login, or password.
- Use the Websites, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Websites;
- Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
- Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Websites, Content, code or program, available to others, in whole or part;
- Interfere with security features of the Websites, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Websites or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
- Perform any fraudulent activity using or in connection with the Websites, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
- Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
Content & Licenses
Content Definitions
There are various types of content involved in providing and operating the Websites. The term “Content” means all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Websites. “GLM Content” means Content that the GLM makes available to you through the Websites, including Content owned by the GLM or licensed to the GLM from a third party (excluding User Content). “User Content” means any Content posted or otherwise made available through the Websites by a User. “Collective Content” collectively refers to all of the Content available through the Websites, including GLM Content and User Content.
Content Ownership
All GLM Content is owned by the GLM or its third-party licensing partners. Your use of the Websites does not grant you any rights to the use or control of any of the GLM Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the GLM Content, including by caching, framing or any similar means, without the prior written consent of the GLM is strictly prohibited.
The Websites and GLM Content are protected by copyright, trademark, and other laws of the South Africa and foreign countries. Except as expressly provided in these Terms, the GLM and its licensors exclusively own all right, title and interest in and to the Websites and GLM Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Websites or GLM Content. The GLM or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the GLM Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Websites, and copyrighted works associated with the Websites is common law and/or registered copyrights, trademarks, and/or trade dress of the GLM.
You should assume that everything you read or see on the Websites is copyrighted or otherwise protected and owned by the GLM, or a third party who licensed the right to use such content to the GLM. Unless otherwise expressly noted, nothing that you read or see on the Websites or other Collective Content, or any of the source code or HTML code that the GLM uses to generate the Websites may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of the GLM or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the GLM’s prior written permission, with the exception of your own User Content that you legally post on the Websites. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
The GLM is not the publisher or speaker of User Content, or any other information on the Websites provided by third party content providers, and the GLM is not liable for any claims related to such information.
The GLM’s License to You
Subject to your compliance with these Terms, the GLM grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Websites and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Websites or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Websites or the Collective Content other than as specifically authorized herein, without the prior written permission of the GLM, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by the GLM at any time without notice and with or without cause.
Your License to the GLM
Certain features of the Websites may permit our Users to post User Content to be made available through the Websites. By making available User Content through the Websites, you grant to the GLM and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other parties the GLM may designate an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to make all uses of the User Content and derivative works from the User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including on or within the Websites, or for advertising or marketing of the Websites, as well as a license to use your name and likeness in marketing materials and in the Websites to promote your use of the Websites. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of the GLM once you have submitted User content within the Websites.
Your grant of this license to the GLM to utilize your User Content and any derivative does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. The GLM does not claim ownership rights in your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Websites. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Websites, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant the GLM the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or the GLM’s use of the User Content (or any portion thereof) on, through, or by means of the Websites will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Websites. We reserve the right (but assume no obligation) to remove or modify any User Content from the Websites at any time, for any reason.
Copyright Policy
The GLM respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we 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. We may terminate access for Users of the Websites who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the GLM will also terminate a User’s account if the User is determined to be a repeat infringer.
Notifying the GLM of Copyright Infringement
To provide the DR FLETT with notice of an infringement, you must provide a written communication to the attention of “GLM:” at admin@drflett.com that sets forth the information specified by the laws of South Africa. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
- A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
- A detailed description of where the material that you claim is infringing is located or found on the Websites;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner’s behalf.
Providing the GLM with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter-notification by written communication to the attention of “GLM: admin@guidelittleminds.com that sets forth all of the necessary information. Please note that you may be liable for damages (including costs and attorneys’ 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 an attorney.
Third Party Advertising & Marketing
The GLM may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Websites, and via other mechanisms to provide such materials to you outside of the Websites such as on third party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from the GLM and our partners. The GLM may compile and release information regarding you and your use of the Websites on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Websites.
Intellectual Property
The GLM and its licensors and partners own all rights, titles, and interests in and to the Websites, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Websites, excluding User Content (collectively, the “GLM IP“). The GLM IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the GLM IP, including use of any GLM IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Websites, or any Intellectual Property rights owned by the GLM. The GLM name, the GLM logos and designs, and the product and service names associated with the Websites are trademarks of the GLM or its affiliated third parties, and no right or license is granted to you by this Agreement to use the GLM IP for purposes not directly related to your use of the Websites.
Linking & Framing
The GLM grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Websites, so long as the links do not portray GLM or its products or services in a false or misleading manner. You may not use any of the GLM’s logos or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Websites or any of their content is prohibited without the prior written consent of the GLM.
The Websites may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, and Facebook. You acknowledge and agree that the GLM is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the GLM of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that the GLM 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 Websites available on or through any such site or resource.
Email Notifications
As part of your use of the Websites, you may be asked to elect to receive certain email notifications from the GLM and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from the GLM related to the Websites. You may opt-out of receiving certain notifications in association with the Websites by completing the opt-out process provided to you with each email message. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Websites announcements or notifications even if you have opted out from other messages.
Termination
The GLM may change, suspend or discontinue the Websites for any reason, at any time, including the availability of any Websites, features, or Content, without notice to you. The GLM may also impose limits on certain Websites, features, or Content, or restrict your access to parts or all of the Websites with or without notice to you.
The GLM may also terminate or suspend your use of or access to the Websites at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Websites, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Websites.
GLM may also remove or disable access to any Collective Content and suspend or ban your access to the Websites or any GLM account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact the GLM using the information below. You are solely responsible for your interactions with other Users of the Websites. The GLM reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Websites. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to the GLM. Continued use of the Websites, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Websites, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Websites, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
International Use
The Websites are controlled and operated by the GLM from within the United States. The GLM makes no representations that materials contained within the Websites are appropriate or available for use in other locations, and access to the Websites from locations where such activity is illegal is prohibited. Those who choose to use the Websites from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
Indemnity
You agree you shall indemnify and hold harmless the GLM, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Websites, use of the Websites, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
Warranty Disclaimers
You acknowledge that the GLM has no control over, and no duty to take any action regarding: (1) which Users gain access to the Websites; (2) what effects the Content or the Websites may have on you; (3) how you may interpret or use the Content or the Websites; or (4) what actions you may take as a result of having been exposed to the Content or the Websites.
You release the GLM from all liability for you having acquired or not acquired Content through the Websites. The Websites may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The GLM makes no representations concerning any content contained in or accessed through the Websites, and the GLM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Websites. The GLM makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. The GLM cannot guarantee that you will obtain the results you seek or warrant that Websites will be error-free. The GLM makes no representation or warranty of any kind with respect to use of Websites or the use or accuracy of the information on the Websites.
USER ACCESSES THESE WEBSITES AT HIS OR HER OWN RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY WEBSITES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY DR FLETT ARE HEREBY DISCLAIMED. NEITHER THE DR FLETT NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF DR FLETT, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL DR FLETT OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE WEBSITES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER THE DR FLETT NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE WEBSITES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE WEBSITES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of the GLM as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
General Terms
Entire Agreement
The Terms, including the incorporated GLM Privacy Notice, constitutes the entire agreement between Users of the Websites and the GLM regarding Users’ use of and access to the Websites. Your use of the Websites is intended for your enjoyment and benefit and the provision of the Websites to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Websites.
Waiver & Severability
The failure of the GLM to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of South Africa without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Websites will be brought solely in the federal or state courts located in South Africa, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Websites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Transfer & Assignment
This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of the GLM. The GLM may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Websites. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
No Independent Contractor or Joint Venture
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Force Majeure
Except for your obligations hereunder to pay the GLM, neither party shall be responsible for delays or failures in performance resulting from acts or circumstances beyond the control of such party, including, without limitation, acts of God, strikes or other labor disputes, riots, acts of war, malfunction of portions of the Internet or another third party network, governmental regulations promulgated after the effective date of this Agreement, communication line failures, power failures, equipment failures, fires or other disasters, and acts of third parties including hackers and crackers.
Political Activities
The GLM is a Section 501(c)(3), not-for-profit corporation, and as such, does not participate in any political activities. You are prohibited from participating in political activities while using the Websites.
The following 2 clauses apply only to Dr John Flett
Certain portions of the Websites may contain information or content provided by Dr John Flett & associates for use in connection with the Websites as a sponsor of the Websites (“guidelittleminds.com, drflett.com, schoolingassessment.com”). With the sole exception of Dr John Flett & associates is not the author of, nor responsible for, the content of the Websites. You agree that Dr John Flett & associates liability and obligations are limited as a Provider in accordance with the terms of this Agreement.
Certain portions of the Websites may contain medical reference information or database content provided by Dr John Flett and associates., Inc. for use in connection with the Websites (“Dr John Flett and associates. Content”). You agree that Dr John Flett and associates., Inc.’s liability and obligations are limited as a Provider in accordance with the terms of this Agreement. The Dr John Flett and associates. Content is intended to serve the user as a rapidly accessible, concise initial reference resource and not as a complete reference resource. It does not include information concerning every therapeutic agent, laboratory or diagnostic test or procedure available. The Dr John Flett and associates. Content is clinically oriented and is intended to be used only by Users who are: (1) researchers who will not use the information for medical diagnosis or treatment, and (2) physicians and other competent healthcare professionals who will rely on their own discretion and judgment in medical diagnosis and treatment. Neither the GLM nor its Providers directly or indirectly practice medicine or dispense medical services and, as such, assume no liability for data contained in the Dr John Flett and associates. Content. You assume full responsibility for the appropriate use of medical information contained in the Dr John Flett and associates. Content, and you agree to hold the GLM and its Providers harmless from any and all claims or actions arising from your use of the Dr John Flett and associates. Content.
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