Last Revised: January 5, 2016
ACCEPTANCE OF TERMS
The following Terms Of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Douthett Media LLC, and our subsidiaries and/or affiliates, in association with the use of the Philip Douthett website, which includes https://philipdouthett.com and https://blog.philipdouthett.com (the "Site(s)") and its services and/or products, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site, is a website which has the following description:
To inform, empower, and educate our followers with value-driven information to help business-information seekers of various business types, online and/or offline, with various marketing, copywriting, selling, mentoring, personal development, leadership, advertising, and/or consulting trends and/or business models so readers, listeners, and/or followers can learn strategies to implement into their own business(es).
Any and all visitors to our site shall be deemed as "users" or "user" of the herein contained services provided for the purpose of this TOS.
The user acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Douthett Media LLC. At its discretion, Douthett Media LLC may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Douthett Media, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products at any time for any reason deemed fit by Douthett Media LLC.
You, as the end user, acknowledges, accepts, and agrees that Douthett Media LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised and/or modified terms, you must immediately cease your use of the provided services.
Furthermore, you as the the user understands, acknowledges and agrees that the services offered shall be provided "AS IS" and as such Douthett Media LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication and/or personalization settings.
Upon registration, you herein knowledge that by using https://philipdouthett.com (or any other related site(s)) to send Electronic Communications, which would include, but are not limited to, Email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our Computer Network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the Internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- Are not on the list of prohibited individuals which may be identified by any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- Agree not to transfer any software, technology or any other technical data through the use of our Network Services to any export-prohibited country;
- Agree not to use our website Network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the export laws written, enforced and constituted by the United States; and
- Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the United States or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Douthett Media LLC shall not lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Douthett Media LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- For any other content submitted or made available for inclusion on the publicly accessible areas of Douthett Media LLC's site(s), the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.
Those areas which may be deemed "publicly accessible" areas of Douthett Media LLC's site(s) are those such areas of our Network Properties which are meant to be available to the general public, in which would include message boards, comment sections, and/or groups that may or not be openly available to visitors, in which the decision to what and who is permitted to access, in any form or fashion, the message boards and/or groups, is at the sole discretion of Douthett Media LLC and its subsidiaries, affiliates, agents, employees, officers, partners and/or licensors.
CONTRIBUTIONS TO COMPANY WEBSITE
Douthett Media LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
- Your contributions do not contain any type of confidential and/or proprietary information (unless you, the user, can prove beyond a shadow of a doubt that you own said information);
- Douthett Media LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- Douthett Media LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- The contributor's Contributions shall automatically and immediately become the sole property of Douthett Media LLC; and
- Douthett Media LLC is under no obligation to either compensate and/or provide any form of reimbursement in any manner or nature at any time.
COMMERCIAL REUSE OF SERVICES
You, the user, acknowledges, accepts and agrees not to replicate, duplicate, copy, trade, sell, resell and/or exploit for any commercial reason(s) or any other reason deemed fit by the sole discretion of Douthett Media LLC, any part, use of, or access to Douthett Media LLC's site(s).
Douthett Media LLC shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporary or permanently, our service(s) and/or product(s), or any part thereof, with or without prior notice. In addition, we shall not be held liable to you, the user, or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation of any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein acknowledge, accept and agree that Douthett Media LLC shall not be held responsible and/or liable for any loss and/or damage of any nature or manner incurred as a direct result of any such dealings and/or as a result of the presence of such advertisers on our website(s).
Douthett Media LLC and/or any third parties may provide links, in any form or fashion that may or may not be controlled by Douthett Media LLC, to other websites and/or resources. Thus, you acknowledge, accept and agree that we are not responsible for the availability of any such external sites and/or resources, and as such, we do not endorse nor are we responsible and/or liable for any content, products, advertising or any other materials, on or available from such third party sites and/or resources. Furthermore, you acknowledge, accept and agree that Douthett Media LLC shall not be responsible and/or liable, directly or indirectly, for any such damage and/or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such sites and/or resources.
You, the user, do hereby acknowledge, accept and agree that Douthett Media LLC's Services and/or any essential software that may be used in connection with our Services ("Software") shall contain proprietary and/or confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge, accept and agree that any Content which may be contained in any advertisements or information presented by and/or through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and/or laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Douthett Media LLC or such applicable subsidiary, affiliate, agent, employee, officer, partner and/or licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Douthett Media LLC Services (e.g. Content and/or Software), in part and/or in whole.
Douthett Media LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license(s) to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create and/or plagiarize any work from, reverse engineer, reverse assemble and/or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right(s) in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access and/or attempt to access our Services through any means other than through the interface which is provided by Douthett Media LLC for use in accessing our services.
You herein expressly acknowledge, accept and agree that:
- The use of Douthett Media LLC Services and Software are at the sole risk by you. Our Services and Software shall be provided on an "As is" and/or "As available" basis. Douthett Media LLC and our subsidiaries, affiliates, officers, employees, agents, partners, and/or licensors expressly disclaim any and all warranties of any kind, whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for any particular purpose and non-infringement.
- Douthett Media LLC and our subsidiaries, officers, employees, agents, partners and/or licensors make no such warranties that (i) Douthett Media LLC's Services and/or Software will meet your requirements; (ii) Douthett Media LLC's Services and/or Software shall be uninterrupted, timely, secure or error free; (iii) that such results which may be obtained from the use of the Douthett Media LLC Services and/or Software will be accurate and/or reliable; (iv) quality of any products, Services, any information or other material which may be purchased or obtained by you through our Services and/or Software will meet your expectations; and (v) that any such errors contained in the Software shall be corrected.
- Any information or material downloaded or otherwise obtained by way of Douthett Media LLC's Services and/or Software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and/or causes of action with respect to any damage to your computer and/or Internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information and/or material.
- No advice and/or information, despite wether written or oral, that may be obtained by you from Douthett Media LLC or by way of or from our Services or Software shall create any warranty not expressly stated in the Terms Of Service.
- A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our Services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure and/or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, consult a Physician if you experience any of the following symptoms while using our Services and/or Software: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movements, and/or convulsions.
LIMITATION OF LIABILITY
You explicitly acknowledge, understand and agree that Douthett Media LLC and our subsidiaries, affiliates, officers, employees, agents, partners and/or licensors shall not be liable to you for any punitive, direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or any and all other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
- They use or inability to use our Services and/or Software;
- The cost of procuring substitute goods and/or Services;
- Unauthorized access to or the alteration of your transmissions and/or data;
- Statements or conduct of any third party on our Services and/or Software;
- And any other matter which may be related to any and all of our Services and/or Software.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts and/or other information from our Services concerning companies, stock quotes, investments or securities, be sure to review the above sections of Warranty Disclaimers and Limitations Of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Douthett Media LLC's Content is provided primarily for informational purposes, and no content that shall be provided and/or included in our Services and/or Software is intended for trading or investing purposes. Neither Douthett Media LLC nor any of our subsidiaries, officers, employees, agents, partners and/or licensors, directly or indirectly, be responsible and/or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSIONS AND LIMITATIONS
There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this Terms Of Service, that there shall be third party beneficiaries to this agreement.
Douthett Media LLC may furnish you with notices, including those with regards to any changes to the Terms Of Service, including but not limited to Email, postal mail, MMS or SMS, text messaging, postings on our website(s) Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms Of Service by accessing our Services and/or Software in any unauthorized manner. Your acceptance of this Terms Of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Douthett Media LLC trademarks, copyright, trade name, service marks, and other Douthett Media LLC logos and any brand features, and/or products and/or service names are trademarks and as such, are and shall remain permanent property, unless given proper and adequate approval deemed acceptable by Douthett Media LLC, of Douthett Media LLC. You herein acknowledge, accept and agree not to display and/or use in any form, fashion, and/or manner the Douthett Media LLC logo(s) or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE AND PROCEDURES
Douthett Media LLC will always respect the intellectual property of others, and we ask that all of our users do the same. If you believe that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you shall provide to us the following information:
- The electronic or the physical signature of the individual that is authorized 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 believe has been infringed upon;
- A description of the location of the site in which you allege has been infringing upon your work;
- The exact calendar date of the alleged work infringement;
- The physical address, telephone number, email address, and website (where applicable);
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- A detailed statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copywriter or intellectual property owner's behalf.
Be it known, that Douthett Media LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at https://philipdouthett.com.
Entire Agreement: This Terms Of Service constitutes the entire agreement between you and Douthett Media LLC and shall govern the use of our Services and/or Software, superseding any prior version of this Terms Of Service between you and us with respect to Douthett Media LLC's Services. You may also be subject to additional terms and conditions that may apply when you use and/or purchase certain other Douthett Media LLC Services and/or Software, affiliate Services, and/or third party content or third party software.
Choice of Law and Forum: It is at the mutual agreement of both you and Douthett Media LLC with regard to the Terms Of Service that the relationship between the parties shall be governed by the laws of the state of Michigan without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms Of Service, or the relationship between you and Douthett Media LLC, shall be filed within the courts having jurisdiction within the county of Kent, Michigan or the U.S. District Court located in said state. You and Douthett Media LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms: At any time, should Douthett Media LLC fail to exercise or enforce any right or provision of the Terms Of Service, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms Of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms Of Service remain in full force and effect.
Statute of Limitations: You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim and/or action arising out of or related to the use of our Services and/or Software, the Terms Of Service must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.
It is our goal at Douthett Media LLC to provide outstanding products accompanied with exceptional customer service. If you have any questions, comments, or concerns about our practices and/or this TOS, and/or you would like to report any violations of this TOS, feel free to contact us via one of the methods listed below:
Submit a support ticket at https://philipdouthett.com/support
Douthett Media LLC
3672 Tallman Ave. SE
Grand Rapids MI 49508
Telephone number: 616-466-4824
We do not accept requests via facsimile or telephone. All requests dealing with violations must be made in writing. We take no responsibility for requests that are not sent or addressed properly, or have incomplete and/or inadequate information.