TERMS & CONDITIONS
Last updated: February 7, 2019.
These Terms & Conditions (the “Terms”) govern your access to and use of William T. Brooks and Associates, Inc. (“The Brooks Group”, “we”, “us” or “our”) website (located at https://brooksgroup.com) or any other services we offer from time to time including linked pages (collectively, the “Site”).
Your access to and use of the Site reflects your agreement to be bound by these Terms. The Brooks Group offers a wide range of products and services, and sometimes other or additional terms may apply depending on your specific agreement, if any. We reserve the right, in our sole discretion, to change these Terms from time to time, and at any time, without prior notice. By using the Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.
- Use of Site Content. The Site may be used only for your personal or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Use of any of our Site made available through a third-party platform is also subject to the platform’s applicable terms and conditions.
The Site may contain additional terms and conditions, all of which are incorporated by reference herein. Please review our other policies posted on the Site.
- Feedback. The Site may contain features such as blog posts and chat applications that allow users to post, submit, publish, display content or materials on or through the Site. All such posts must comply with the standards set out in these Terms. Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or other forms of (“Feedback”) is non-confidential. You understand that by providing Feedback to us, you grant to us and our designees a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sublicenseable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such Feedback (in whole or in part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes. We have no obligation to review or use any Feedback or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Feedback for any purpose, without any compensation to you. We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you submit to us. You agree to provide accurate and truthful information. You agree to promptly notify us if information you provided becomes or is discovered to be inaccurate, untruthful or misleading.
In addition to other prohibitions as set forth in the Terms, you shall not knowingly post, transmit, redistribute, upload, or promote any Feedback, content or any other materials to or from the Site that:
- contain corrupted files, viruses, or any other similar software files;
- are unlawful, threatening, harassing, abusive, offensive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party;
- are likely to upset, embarrass, alarm, inconvenience or annoy any other person;
- contain chain letters or pyramid schemes;
- contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities;
- contain false, deceptive, or misleading information or advertising, or impersonate any individual or entity, including our company and our employees and agents or are likely to deceive any person;
- encourage conduct that would constitute a criminal offense
- involve commercial activities, sales, contests, sweepstakes and other sales promotions, barter or advertising;
- give the impression that they emanate from or are endorsed by us or any other individual or entity if this is not the case;
- give rise to civil or criminal liability;
- collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape the Site, or interfere with or circumvent the security features of the Site, other websites, or the Internet;
- otherwise violate any law; or
- amount to any conduct that, in the judgment of The Brooks Group, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Site, or may harm The Brooks Group or users of the Site or expose them to liability.
In addition to any remedies that we may have at law or in equity, if The Brooks Group determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Intellectual Property. The websites, products and services of The Brooks Group and the information therein contain copyrighted materials, trademarks, and proprietary data, research and other information belonging to The Brooks Group or used with permission of licensors of The Brooks Group. We and any licensors own all right, title and interest in and to the Site, and all content and materials on the Site, including, without limitation, all text, photos, videos, graphics, art, user input, interfaces, features, functions, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, trademarks and logos, audio, sound recordings, and video recording. . IMPACT SELLING® and IMPACT-U® are registered trademarks of The Brooks Group. Your use of the Site does not grant to you ownership in or rights to of any of the foregoing. We and any licensors reserve and shall retain their entire right, title and interest in and to the Site, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. No copying, redistribution, retransmission, publication or commercial exploitation of any material of the Site is permitted without the express permission of The Brooks Group and/or the copyright owner, or except as may be expressly authorized by applicable copyright laws. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time.
- Linking to the Website and Social Media Features. The Site may contain links to other websites, which may be of interest to you. For example, the Site may include certain social media features that allow you to: link from your own or certain third-party websites to certain content on the Site or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party website. We may disable all or any social media features and any links at any time without notice in our discretion. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
We are not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.
- Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Brooks Group, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Brooks Group. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Disclaimer. THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE BROOKS GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE BROOKS GROUP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BROOKS GROUP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.
- Limitation of Liability.IN NO EVENT SHALL THE BROOKS GROUP, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATES DOLLARS).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indenify. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you.
- Jurisdictional Issues. The Site is operated out of the United States. The Site may not be available to users outside of the United States. The Brooks Group makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
- Copyright.>If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us by email at [email protected].
- Contact Us. We welcome your questions and comments about our Terms. Please contact us by email at [email protected].