Last Updated August 8th, 2020
- Access and Use of This Website
- Conduct and Behavior
- Intellectual Property
- Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
- Disclaimer of Warranties
- Your Own Security
- Limitation of Liability
- Our Compliance with COPPA
- Governing Law and Venue
- Severability and Waiver
- Contact Us
- Entire Agreement
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Companies via our Sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted, or offered in connection with your use of our Sites (collectively, “User Submissions”) you grant the Companies a royalty-free, irrevocable, transferable right and license to use the User Submissions however the Companies desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, or technology throughout the world.
The Companies will be entitled to use, reproduce, disclose, modify, adapt, create derivate works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you. The Companies are and shall be under no obligation (1) to maintain any User submissions in confidence; (2) to pay to user any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to the Companies will not violate the terms of any rights of any third party, including without limitation, copyright, trademark, privacy, or other personal proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to the Companies will be libelous or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
1. Access and Use of This Website
Access to certain portions of our Sites is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
a. Registration and Security.
You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, Your password has been lost or stolen, someone has attempted to use the services or Sites through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the services or access any of the Sites on any public computer. We also recommend that you do not store your password through your web browser or other software.
b. Limitations on Use.
These Sites may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Sites and a Sites’ content. With the exception of guest posts written by others (see Guest Posts below), we own the content on all of our Sites. It is copyrighted in AAndrews Consulting LLC.’s name. We want to strike the appropriate balance between getting our content widely distributed while at the same time protecting AAndrews Consulting, LLC.’s intellectual property rights.
Without our permission, you are free to do the following while using or accessing our Sites:
- Link to our Sites or any specific post on our Sites.
- Extract and re-post fewer than 200 words on any other website, provided you link back to our original post.
- Print off our posts and photocopy up to 50 copies for internal distribution within your own company or organization.
- Print our posts in any non-commercial publication (e.g., company newsletter, church newsletter, class syllabus, etc.), provided you include this copyright notice: ‘© 2020 Andy Andrews. All rights reserved. Originally published at https://AndyAndrews.com.’
You must have our express written consent to do any of the following:
- Use this content for commercial purposes, including selling or licensing printed or digital versions of our content.
- Alter, transform, or build upon this work.
- Re-posting and Translation Rights (We do not permit the re-posting of our posts in their entirety. In addition, we don’t allow the translation and publication of AAndrews Consulting LLC’s work in other languages, as we don’t have the resources to validate the quality of work.)
c. Guest Posts
Guest bloggers retain the copyright to the posts they write. The above permission guidelines do not apply to their work. If you are interested in re-posting or publishing their content, you must contact them directly. We do not serve as their broker, agent, or contact point. If you have some use of our content not covered here, please email us at [email protected]
d. Subscriptions and Payment
When you create an Account on this Site, the term of your initial subscription shall be monthly, to commence on the date that You sign up electronically by creating an Account (“Subscription”). Each User must pay for a Subscription in U.S. Dollars. Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date. Users are entirely responsible for the payment of all taxes. Monthly fees and renewal fees will be billed at the rate agreed to when payment is made.
e. Cancellation and Account Deletion
You may cancel your Subscription at any time by emailing us at [email protected] At cancellation, your Account will be inactivated and you will no longer be able to log into Your Account.
f. Links to Third-Party Websites
This Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
g. Affiliate Links
From time to time, our Sites may include featured product giveaways. Should we receive compensation as a result of giving away any such product, that fact will be disclosed.
In connection with the operation of our Sites, we feature on our Sites affiliate links, including links to Amazon.com and other websites (Affiliate Links). We earn a commission from the Affiliate Links, which commission is based on the number of sales made as a result of users of our Sites clicking over the Affiliate Link and purchasing from the Affiliate Link a product and/or service.
While we may suggest information for the reader’s convenience and consideration, we do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, nor do we make any other representation about any affiliate link or its content or any products, services, or other offerings made in any affiliate link. We make no representation or warranty as to any products or services offered on any affiliate link, and we assume no responsibility or liability for the actions, products, services, and/or content of any affiliate link.
h. Reliance on Information Posted
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. 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, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other User of our Sites, or by anyone who may be informed of any of our Sites’ contents.
i. Exiting Our Sites
You agree to sign out of your Account, each time you prepare to leave our Sites.
2. Conduct and Behavior
You are solely responsible for all of your activity while using the Site.
- As a condition of use of the Site, you represent and warrant that you shall not use our Sites for any purpose that is unlawful, illegal, or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
- You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.
- You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.
- You will not use, choose, or otherwise select the username that is subject to the rights of another party, without that party’s express authorization.
- You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
You agree to maintain a positive sense of decorum in all of your interactions with other Users on our Sites. You agree to maintain a courteous and professional rapport with other Users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of this Site.
3. Intellectual Property
Our Sites, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (with the exception of Guests Posts as described above) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, AAndrews Consulting, LLC., owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of our Sites. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of our Sites content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission, except for the limited permitted use as outlined above.
Users may not violate the intellectual property rights of others, including but not limited to, using our Sites to infringe upon the copyright, trademark, trade secret, or patent rights of any other party, including Guest Posts. If any party alleges intellectual property right infringement against a user of our Sites, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of this Site is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO AAndrews Consulting, LLC., IMMEDIATELY, in accordance with our DMCA Policy, outlined here.
4. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
- Your Responsibility. When You post or otherwise submit information to our Sites, You represent and warrant that You have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that You will not post any information to our Sites, in any format, including but not limited to text, image, video, or audio, that You do not own.
- YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, OR OTHERWISE PUT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DOCUMENT, IMAGE, VIDEO, OR CONTENT ONTO OUR SITES (“User-Submitted Content”) THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless AAndrews Consulting LLC., from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Submitted Content and a third party’s proprietary or intellectual property rights.
- User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into this Site.
5. Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
AAndrews Consulting LLC., TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SITES OR INFORMATION FOUND ON OUR SITES. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN OR ON OUR SITES. WE DO NOT WARRANT THAT OUR SITES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
6. Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AAndrews Consulting LLC., TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF OUR SITES.
You acknowledge that you are responsible for any actions you take while on our Sites. You recognize that your use of our Sites and any subsequent actions arising from your use of our Sites are taken solely at your own risk.
IN NO EVENT WILL AAndrews consulting llc. OUR COMPANIES, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless AAndrews Consulting, LLC., our companies, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
- your access to or use of our Sites, including but not limited to its services and its content;
- any activity related to your account by you or any other person accessing our Sites through your account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Our Compliance with COPPA
Moreover, If you are under 18 years of age, you should not provide any personally identifiable information on our Sites without the knowledge and permission of your parent or guardian.
10. Governing Law and Venue
11. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
13. Contact Us
E-mail Address: [email protected]
Mailing Address:Attention: Website Inquiry
The Andy Andrews Group
4571 Main Street
Orange Beach, AL 36561
14. Entire Agreement