Terms of Use

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Acceptance of Terms of Use

Welcome to maryderbyshire.com, the website of Mary Derbyshire.  These Terms of Use govern your access to and use of my website, including any content, functionality and services offered on or through my website, and the treatment of any personal data that you choose to submit.

Each time you use this website, you accept and agree to be bound and abide by these Terms of Use and my Privacy Policy located here: www.mderbyshire.com.  If you do not agree to these Terms of Use and the Privacy Policy, please do not access or use the website.

I may revise and update the Terms of Use and/or the Privacy Policy from time to time in my discretion. It is your responsibility to check the website from time to time so you are aware of any changes, as they are binding on you if you choose to continue to access or use the website.

Accessing the Website and Account Security

I reserve the right to close or amend this website, and withdraw any service or material I provide on the website, in my sole discretion without notice. I will not be liable if for any reason if all or any part of the website is unavailable at any time or for any period. From time to time, I may restrict access to some parts of the website, or the entire website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the website.
  • Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them.

To access the website or some of the resources it offers, including publications, videos and course registrations, you may be asked to provide certain information, including personal information. It is a condition of your use of the website that all the information you provide on the website is correct, current and complete.

If you choose, or are provided with, a user name, password or other identifier, or any other piece of information (“User Data”) as part of website security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your User Data.  You agree to notify me immediately of any unauthorized access to or use of your User Data or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your User Data or other personal information.

I have the right to disable any User Data , whether chosen by you or provided by us, at any time in my sole discretion if, in my opinion, you have violated any provision of these Terms of Use or I become aware of a potential breach of security through the use of your User Data.

Intellectual Property Rights

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or licensed by me and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material onthewebsite, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • In connection with any desktop, mobile or other applications available for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the website or any services or materials available through the website.

If you wish to make any use of material on the website other than that set out in this section, please contact me maryderby1@gmail.com.

If you modify, download or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will cease immediately and you must upon request return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the site is transferred to you, and all rights not expressly granted are reserved by me.

User Contributions

The website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the website.

Any User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the website, you give me the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above
  • All of your User Contributions do and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • You understand and acknowledge that I am not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website.

I have the right to remove or refuse to post any User Contributions in my sole discretion, or take any action with respect to any User Contributions that I deem necessary or appropriate in my sole discretion, including if I believe that such User Contributions violate the Terms of Use, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the website or the public or could create liability for me.

However, I do not undertake the responsibility to review any material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, I assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party or for performance or nonperformance of the activities described in this section.

No Reliance on Information Posted

Information presented on or through the website is made available solely for general information purposes. I do not warrant the accuracy, completeness or usefulness of any information on the website. Any reliance you place on such information is strictly at your own risk. I disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

This website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 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 me, are solely the opinions and the responsibility of the person or entity providing those materials. I am not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. I have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties and Liability

You acknowledge and understand that I cannot and do not guarantee that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to my website for any reconstruction of any lost data.

Your use of the website is at your own risk, and its content and any services or items obtained through the website are provided on an “as is” and “as available” basis.

I hereby disclaim any warranty, whether express or implied, statutory or otherwise, including but not limited to any warranty of merchantability, non-infringement and fitness for particular purpose, completeness, security, reliability, quality, accuracy or uninterrupted or error-free availability of the website, its content or any services or items obtained through the website.

Limitation on Liability

In no event will I or my employees, contractors, agents, licensors or suppliers be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, 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 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.

Indemnification

You agree to defend, indemnify and hold harmless both me and my employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, investigations, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to, your User Contributions, any use of the website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of United States and the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of United States or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in United States, although I retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country if appropriate. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by me of any term or condition set forth in these Terms of Use 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 by me to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and this Privacy Policy constitute the sole and entire agreement between you and me with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website

 

Privacy Policy

I respect the privacy rights of visitors to my website and am committed to protecting those rights. To support this commitment, I have adopted this Privacy Policy that governs how I collect, use, disclose, update and protect the information you provide online to me.  Please read this Privacy Policy carefully before you use the website.

Visitors to the website from outside of United States should understand that this Privacy Policy is intended to meet the laws and requirements of United States, which may not necessarily be the same as the laws and regulations of your home country. Any information that you provide to me online will be handled in accordance with the laws and regulations of United States.

This Privacy Policy covers:

  • What types of information (if any) may be collected from you and by what means.
  • How such information may be used and shared.
  • The consequences (if any) if you choose not to provide personal information.
  • The measures taken to maintain data security, quality and integrity.
  • How you can confirm and, if necessary, change the personal information maintained.
  • Where and how to ask questions or file complaints.
  • Collection of Personal Information and Its Use and Purpose

Data Storage and Transfer

Your personal data will be securely stored by and accessible to us, including affiliated organizations and technology outsourcing partners, on servers which may be located in countries with different data protection regulations than apply in your home country, for the purpose of providing information technology services on my behalf for the administration of the programs and offerings described on ther website. The data on the servers may also be accessed by us or my technology development outsourcing partners from outside your home country for system development and support purposes.

Electronic Marketing

By accepting this privacy policy, you agree that your personal data may also be made available to my carefully selected partner organizations located within and outside your country of residence for the purpose of offering you information regarding products and services related to programs and offerings, and that I may also directly inform you of such products and services when they become available in your country or anywhere else in the world.

If you decide you do not wish to be informed of related products or services in the future, you will be given the opportunity to be removed from the database, and may request to unsubscribe at any time by contacting me at maryderby1@gmail.com.

Demographic and Aggregate Information

In order to provide you with the best possible experience on my website, I may also collect demographic and aggregate information from online visitors who access the website. “Demographic information” is anonymous information such as age, gender and geographic location. “Aggregate information” is data about a group or category of services or users from which individual identities have been removed. Demographic and aggregate information is not considered personal information, as it does not permit the identification of an individual.

User Comments and Email

My website may invite users to provide me with their comments on my services or on certain programs. Users who wish to provide me with their comments will sometimes have the option of also providing me with their name and email address.  I do not require users to provide us with such information, however. Comments provided by users may be posted on my websites. Alongside such comments, I may also post the user’s first name and last initial as well as the city and province that this user has indicated he or she is from. However, I will take measures to prevent such postings from containing any additional personal information.

If an online form or an email submitted by a user contains personal information, I will only use such personal information to the extent necessary to respond to any comment or question from such user. I will limit access to such personal information and will keep such personal information in a secure system.

Disclosure of Your Personal Information

I may disclose demographic and aggregate information about users and information that does not identify any individual.

I may also disclose personal information that I collect or that you provide as described in this Privacy Policy:

  • To fulfill the purpose for which you provide it.
  • To contractors, service providers and other third parties I use and who are also bound by contractual obligations to keep personal information confidential and use it only in accordance with applicable data protection laws for the purposes for which it is authorized under this Privacy Policy.
  • For any other purpose disclosed by us when you provide the information.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply the Terms of Use and other agreements, including for billing and collection purposes.
  • If I believe disclosure is necessary or appropriate to protect the rights, property or safety of me, my customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Accessing and Correcting Your Personal Information

You may send me an email at maryderby1@gmail.com to correct or delete any personal information that you have provided to us. I cannot delete your personal information except by also deleting your user account.

Safeguards to Protect Your Personal Information

I maintain reasonable safeguards in an effort to ensure the security, integrity and privacy of the personal information I collect.  Unfortunately, the transmission of information via the internet is not completely secure and I cannot guarantee the security of your personal information transmitted to my website. Any transmission of personal information is at your own risk. Also, I am not responsible for circumvention of any privacy settings or security measures contained on the website.

Cookies, Web Beacons and Log Files

The website may use cookies. Cookies are small text files placed on your hard drive when you visit a website. These files identify your computer and record your preferences and other data about your visit so that when you return to the site, the site knows who you are and can personalize your visit.  As technology advances and cookies provide more functionality, I expect to utilize them in different ways. If so, I will update this Privacy Policy to identify such new uses of cookies.

Most browsers are automatically set to accept cookies. You can disable cookies or set your browser to alert you when cookies are being sent. However, some areas of my website may not function properly if you do so. There are many sources for additional information about Internet cookies, and I encourage anyone concerned about the use of cookies to do more research on the topic so you can make an informed decision about accepting them from any site.

Changes to this Privacy Policy

I reserve the right to make changes to this Privacy Policy. If I make such changes, I will post the changes. Please check back from time to time to ensure that you are aware of any changes to this Privacy Policy.

Where and how to ask questions or file complaints

By providing personal information on this website you consent to the collection, use and disclosure of such information by me in such manner as set out in this Privacy Policy, including but not limited to the sharing of such information with third parties in accordance with the terms described above.

If you have any questions, complaints, or comments regarding this Privacy Policy, please send an email to the following address: maryderby1@gmail.com.