Disclaimer
Last modified on 12/28/2010

Definitions:

• 'Owner' will refer to Guy Morrell-Stinson unless show otherwise by the context of the sentence that these words are used in. This use of definitions is for identification purposes only and does not supercede or negate the legal rights and protection of assets and personal effects provided by legal entities into which this website and its contents may be placed for liability protection and asset protection purposes.
• 'You', 'Your' and 'Yours' refers to you the reader, or you the user, or you the participant in this Portal and its Related Facilities.
• 'Commission' or 'Commissions' refers to your acquisition of the Owner's services to produce a website, PowerPoint, flash, animation, graphic design, coaching, consultation, speaking engagement, training, marketing services, or similar, -- in writing, or as per the Portal's online agreement .
• 'Losses' refers to, but is not limited to 'Losses, Costs, Claims, Liabilities, Risks, Lawsuits and Damages, etc.,' that may arise as a direct or indirect consequence of your entry into, or participation in this Portal or its Related Facilities.
• 'Code' or 'Coding' refers to computer code in the form of scripts, programming, etc. This may include, but is not limited to database scripts, php, html, cookies, javascript, mysql, etc.
• The term 'In writing,' includes, but is not limited to the use of email, typed and / or signed handwritten documents, all of which must be with an appropriately authorized person.
• ‘Terms’ or ‘The Terms’ refers to the collective documents and policies that govern terms and conditions, privacy policies, terms of use, disclaimers, download, copyright, trademark, legal requirements, restrictions, seller’s agreement, etc.
• ‘Portal’ refers to the parent website of Guy Morrell-Stinson.com from which other sites developed by Guy Morrell-Stinson may be linked. Such linked sites, or secondary websites created and owned by Guy Morrell-Stinson will be referred to as ‘Related Sites,’ ‘Related Websites,’ or ‘Related facilities.’
• ‘Third-party,’ ‘Third-party providers,’ or ‘Third-parties’ refers to service or product providers that the Portal or Related Facilities relies on to function and provide an Internet presence and related services.
• The 'Group' refers to all facilities covered by the Owner, or Portal, or Related Facilities,

Disclaimer: 

Portal and Related Facilities disclaimer

No warranties  

This website is provided “as is” without any representations or warranties, express or implied. Owner, Portal, and Related Facilities make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Owner, Portal, and Related Facilities does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. (If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.)

Limitations of liability

Owner, Portal, and Related Facilities will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that some of the website content is provided free-of-charge, for any direct or indirect loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Owner, Portal, and Related Facilities has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Owner, Portal, and Related Facilities liability in respect of any:

• death or personal physical injury caused directly by Owner, Portal, and Related Facilities’ negligence;
• fraud or fraudulent misrepresentation on the part of Owner, Portal, and Related Facilities; or
• matter which it would be illegal or unlawful for Owner, Portal, and Related Facilities to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you do not have permission to continue and must not use this Portal, and Related Facilities.

Other parties

You accept that the Portal, and Related Facilities has an interest in limiting its liability and personal liability of its owner, officers and employees. You agree that you will not bring any claim personally against Owner, Portal, and Related Facilities’ officers or employees in respect of any losses, damages, or consequences; you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Owner, Portal, and Related Facilities’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Guy Morrell-Stinson and all relatives.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

The above portion of the website disclaimer is based on a Freenetlaw template supplied by Website Contracts.

Portal and Related Facilities disclaimer continued

All material on this website is offered on a goodwill, good-faith, 'As is' and 'As Available' basis only. Images and content have been derived over many years and from many sources. Some have been originated by the site owner, some have been provided by clients and may be used as portfolio examples, some have been derived from clip art and photo art disks and others have been provided by online sources that claim to be royalty-free. The point is that this Portal and Related Facilities try to live by the principle of protecting and respecting creative copyrights, intellectual copyrights, trademarks, etc. -- for all. However, since the arena of copyright, of who is the original creator of an image, and so on, has become extremely complicated and convoluted, the owner of this website accepts no liability or responsibility, in any way whatsoever, for any breaches or infringements in the above said areas.

This Portal or Related Facilities may have used images or content that was derived from a source that was believed to be royalty free; which source may have done the same to obtain the image from another source which it believed to royalty free and so on. In other words, it is possible that the Owner has made use of images believed to be royalty free, that may not have been intended to be royalty free by its original creator. Such use is inadvertent, unintentional and without knowledge that there may be an infringement, or a breach of copyright, or conditions of royalty. Should such a breach of royalty, trademark etc. be discovered on this website or in any of the materials or images used by the Owner, the Owner will not accept liability, claims of damages or compensation, or responsibility in any form whatsoever, as has already been stated. Similarly, the Owner will not accept liability for claims of loss of income, or of reimbursement to the original creator in any way whatsoever. However, the discrepancy should be noted by recording the website page address, (the URL), the URL of the image, and the date. This should be forwarded to the Portal with a clear explanation of why it is believed that there is a breach or an infringement. The explanation should also include clear details of the image's, or the copyright item's, owner / Owner's contact details and website details as well as the context of its original use. We will respond by investigating the validity of the alleged discrepancy. If we discern that a discrepancy has taken place in the form of a copyright breach, misuse of trademark, etc. the we will gladly agree do one or more of the following, but nothing more; [1] Remove the item in question from the website. [2] Give the original creator of the item in question credit for the creation of the item by [3] Including a referenced link to the original creator's website on condition that such a website is used within a family-friendly context. Such links and references back to the original creator will be considered to be a form of advertising in favor of the original creator, which will be offered without charge in order to 're-compensate' the original creator for whatever reason. The links and references back to the original creator will be maintained only for as long as the original creator's material remains on this website. This Owner will retain the right and sole discretion to continue to maintain said links and references to the original creator after the original creator's work has been removed from this website. These steps will be done in a spirit of goodwill in order to credit the original creator of an image or trademarked item. However, if there is not a sense of goodwill reciprocated in return, the Owner will at his own and sole discretion, and without obligation, explanation or liability, be free to not take any of the above steps. The Owner is more than happy and willing to work in a spirit of goodwill and cooperation, and to give credit where credit is due, in order to build others up. The return of such goodwill and spirit of cooperation encourages the Owner to cooperate and assist where possible. Other approaches may not encourage cooperation and will be less likely to resolve the issue quickly and amicably. For more information concerning procedures to follow to report a credit infringement, see the Credits page.

Your continuation into this website or your commissioning of a product or service will bind you to these clauses, and all Terms, in full and in every way.