TERMS AND CONDITIONS
By accessing or using this site, or by agreeing to receive consulting, coaching, teaching or training services from Dunlop Media, Inc., you ("Client") acknowledge and agree to the disclaimers, terms, and conditions of service set forth below. Please read the following carefully:
WEB SITE COPYRIGHT: All materials incorporated in or accessible through this site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site), are protected by U.S. and international copyright laws, and are owned or controlled by Dunlop Media, Inc. or by the original creators of such materials or their respective assignees. Such materials may be used as a resource for purchasing the services offered through this site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of Dunlop Media, Inc. or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, Client will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to Client as a result of any permitted use of such materials.
PROPRIETARY INFORMATION. It is expressly acknowledged and agreed that Dunlop Media,Inc.'s materials and the results and proceeds of Dunlop Media,Inc.'s services, including without limitation all information, methodologies including but not limited to the PATH™ and SPAR® training methodologies, techniques, tools, guidelines, documents, charts, texts, and all other intellectual property that Dunlop Media,Inc. has developed and presents and/or furnishes in the course of rendition of services pursuant to this Agreement, including consultation, coaching, teaching and training, shall remain strictly confidential and are and shall remain proprietary to and the sole and exclusive property of Dunlop Media,Inc., for its unfettered use and disposition; and may not be relayed, published, recorded, filmed, taped, or otherwise copied, electronically stored, transmitted or adapted in any form for any purpose whatsoever without Dunlop Media,Inc.'s express prior written consent in each instance. Dunlop Media,Inc., at its sole discretion, may require each person receiving any of its materials and/or who participates in Dunlop Media,Inc.'s presentations to sign the Nondisclosure Agreement provided in the Registration section of this web site.
DISLCAIMERS: This site is provided by Dunlop Media, Inc. on an "as is" basis. Dunlop Media, Inc. has incorporated or may from time to time incorporate in this site third-party materials, and links and pointers to Internet sites maintained by third parties. Neither Dunlop Media, Inc. nor any of its affiliates operates or controls in any respect any information, products, or services on any third-party site accessed through this site. Dunlop Media, Inc. makes no representations or warranties of any kind, express or implied, as to the operation of this site or any third-party site accessed through this site, any of the products or services offered through this site or any such third-party site, or any of the materials incorporated herein or therein. To the fullest extent permitted by applicable law.
CHARGES AND PAYMENT: The charges for the Services and the terms and conditions of payment will be specified in invoices delivered to Client. Invoices will specify when payment is due. Payments made to Dunlop Media, Inc. shall when overdue be subject to a late payment charge of 1.5% per month; provided, however, that if the late payment charge exceeds the maximum amount permitted by law, such late payment charge shall be reduced to such maximum amount. Client shall pay all taxes (excluding taxes based on Dunlop Media, Inc.'s net income) levied on the performance of Services, unless Client furnishes a tax exemption certificate to Dunlop Media, Inc. Any such taxes for which Client is responsible shall be listed as a separate item on invoices to Client.
FORCE MAJEURE: Dunlop Media, Inc. shall not be held responsible for any delay or failure in performance of any Service or Services to the extent such delay or failure is caused by fire, flood, explosions, war, strike, embargo, government requirement, civil or military authority, act of God, inability to secure material or transportation facilities, act of omission of carriers or other causes beyond Dunlop Media, Inc.'s control. Dunlop Media, Inc. does not warrant that the functions contained in this site or any third-party site accessed through this site will be uninterrupted or error-free, that any defects will be corrected, or that such sites or the servers that make them available are free of viruses or other harmful components. Dunlop Media, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials incorporated in this site or any third-party site accessed through this site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Dunlop Media, Inc. ) assume the entire cost of all necessary maintenance, repair, or correction resulting from your access to or use of this site or any third-party site accessed through this site.
LIMITATION OF LIABILITY: Dunlop Media, Inc. shall in no event be liable to Client for special, indirect, reliance, incidental or consequential damages or loss arising out of the provision of services or in any way arising out of breach of contract, delay, negligence, strict tort liability, or any other theory. Dunlop Media, Inc.'s entire liability for any claim or loss, damage or expense from any cause whatsoever, except a breach of confidentiality or proprietary protection, gross negligence tantamount to fraud or bad faith, or acts of actual fraud or bad faith, shall in no event exceed the monies actually paid to Dunlop Media, Inc. by Client for the specific services that give rise to the claim. No action or proceeding against Dunlop Media, Inc. may be commenced more than two years after the services are rendered. This clause shall survive failure of an exclusive remedy.
PRIVACY: Data about the activity of visitors to this site is automatically provided to Dunlop Media, Inc. Dunlop Media, Inc. may use or disclose information about your demographics and use of the site in any manner that does not reveal your identity. Email addresses, postal addresses, or telephone numbers and other personally identifying data about you is known to Dunlop Media, Inc. only when voluntarily submitted or posted to this site. Dunlop Media, Inc. may use such personally identifying information provided by you to send communications to you regarding orders placed. Dunlop Media may also use this information to communicate advance notice of events and new products and services.
REFUSAL OF SERVICES: Dunlop Media, Inc. reserves the right to refuse to provide Services to Client for any reason. Services may be delayed or canceled if Dunlop Media, Inc. is not given completely accurate information and/or is unable to contact Client, or, in the case of a credit card order, the primary cardholder.
GOVERNING LAW, JURISDICTION AND OTHER MISCELLANEOUS MATTERS: This site is controlled by Dunlop Media, Inc. in the State of New York. These disclaimers, terms, and conditions will be governed by, and construed and enforced in accordance with, the laws of the State of New York. In any action relating to your access to or use of this site or any third-party site accessed through this site, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees. These disclaimers, terms, and conditions constitute the entire agreement between Dunlop Media, Inc. and you with respect to your access to and use of this site and any third-party site accessed through this site. If any term or other provision hereof is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in part by reason of any applicable law or public policy, and such determination becomes final and non-appealable, such term or other provision will remain in full force and effect to the fullest extent permitted by law, and all other terms and provisions hereof will remain in full force and effect in their entirety. We reserve the right to make changes to this site and these disclaimers, terms, and conditions at any time without prior notice.
If for any reason you wish to contact us, we can be reached at:
Dunlop Media, Inc.
405 Lexington Avenue, 26th fl.
New York, NY 10174