Terms and Conditions
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,

Terms and conditions:

• By entering this website, you agree to be bound by the Terms on this page in every way and to the fullest extent of the law. You agree that these Terms are fair, reasonable and in accordance with a good conscience in every way whatsoever. Should you not agree to any of these Terms in any way, you do not have permission to enter and your only recourse is to close this website and leave now, because by continuing to enter this website, you are indicating that you agree to, and accept in full and in every way, these Terms.
  
• We give no representations or warranties, express or implied, that the products, policies, and services, related to the Group are complete, accurate or free from errors or omissions.
  
• The Group, which includes but is not limited to GMorrell-Stinson.com, is a family friendly facility. We DO NOT accept or allow the following types of sites into our program: Gambling, Adult content (porn, soft porn, sites with adult ad's), Pharmacy (Cheap drugs, sexual stimulants, male/female enhancement, etc.), Prejudicial, Hate, Link Farms or Spam Sites, anti-establishment or subversive. If you attempt to sell, promote, or link to any of these products and we find out, we will cancel your membership without hesitation, explanation, or liability in any way whatsoever. We do not need to explain our decision or reasons for rejecting or cancel any membership.
  
• You do not acquire any rights or privileges by entering this website. In fact, your entry into this website and further participation in it places you under its Terms in every way whatsoever.
  
• All material on this website should be treated as copyrighted and protected by the fullest extent of the law in every way. As such, material, in every and any form, may not be copied, reproduced, transmitted, stored, emailed, etc., etc. by any means whatsoever. What is on this website, remains on this website. The only exceptions to this will be a person has signed up for a product or service, on this Portal or Related Facilities, such as a training course, that specifically allows, or requires you, to download a specified product or content.
  
• If breaches of copyright, or trademarks, royalties, etc. are noted, you agree to notify the Owner as per the above disclaimer. You agree and accept that the discovery of such a breach does not make the Owner, or this Portal or Related Facilities, liable for damages or costs and it will not expose the Owner to claims or suits in any way whatsoever. This is because of the Owner's stated intention to honor trademarks and copyrights to the fullest extent possible, and because such breaches by the Owner will never be by deliberate intent or with harmful malice, as has been made clear by the disclaimer above.
  

• Upon registration, contacting us, or submitting your details by forms on the Group's Portal or Related Facilities you may be opted in to receive regular email updates from the Group. You may unsubscribe at anytime by selecting the "Unsubscribe" or "Modify your subscription" link at the bottom of sent emails.
  

• When repeat services requiring payment from you to the owner, or Portal, or Related Facilities are required, you will be responsible for all payments, and that they are made in full, and on time. A grace period will be offered of 7 days beyond due date for no more than twice a year or 3 times in total, after which the owner, or Portal, or Related Facilities, reserves the full right to terminate the commission or subscription and request payment for the full amount, which includes all payments past due and to the end of the full term of the agreement. 10% may be added to the outstanding amounts to cover additional time spent. When a product or service is commissioned on a monthly basis, you will still be liable for the full value of the product or service commissioned. For example, you may commission a website for, (hypothetically), $300 and choose to pay for it monthly at $30 a month. If you terminate the commission after 2 months, you will still have to pay the balance of $240 plus a 10% surcharge on the $240 within 7 days of termination. The owner, or Portal, or Related Facilities, reserves the right to hand over your account to collection agencies or any other means to collect the outstanding amount after 30 days past due. You will be responsible for any outstanding amounts plus the costs associated with debt collection and you may be charged an hourly rate of $25.00 per hour for the hours lost in production and consumed by the process of getting the outstanding payment from you. Apology is offered for the firm policy, but it will not impact decent people with the integrity, and the respect to pay on time.
  

Copyright

• The entire content included in this Portal and the Groups Related Facilities, is copyrighted as a collective work under the United States and other copyright laws, and is the property of GMorrell-Stinson.com. This includes but not limited to images, concepts, create words and names, text, graphics or code. This also includes works that are licensed to GMorrell-Stinson.com, its Portal and Related Facilities. Copyright and copyright date is stated at the bottom of this document.
• Permission is granted to electronically copy and print hard copy portions of this site, only where and if stated in the Portal or one of its Related Facilities. Otherwise permission is granted to print out a hard copy for the sole purpose of placing an order or a service with GMorrell-Stinson.com. Any other use, including but not limited to the reproduction, transmission, display, by media or RSS feeds or other means, of the content of this site is strictly prohibited, unless authorized by GMorrell-Stinson.com in writing.
• You further agree not to maintain propriety links, notices, and content on any materials downloaded from the site.
  

Process : The process for commissioning the owner is as follows:

• Orders for Commissions should be initiated by means of a phone call to the owner and the completion of this website's online form. By implication, you will have accepted these terms and conditions.
• The Owner will review your request for a commission and contact you to clarify any issues, and answer any questions. Upon agreement, the Owner will proceed with the commission. If you do not want to proceed send the Owner an email stating that you do not wish to continue. Please make sure that you receive a confirmation email within a day or two. If not, contact the Owner again to avoid being billed for work done.
• Make sure that you get all the required material to the Owner as soon as possible. Gather this before you commission the Owner as gathering it afterwards results in delays that only serve to frustrate the process. The preferred method is to send the Owner your information, images and documents by email. Alternatively, use overnight FEDEX. Material will not be returned unless you state that you want it returned in your return postage paid package.
• Place your money in escrow with the introducing agent, if applicable.
• [A] Phase 1: Concept: The Owner may, according to your briefing, produce a concept design, which you need to approve.
• [B] Phase 2: Production: Your project is produced. You will be invited to comment as the project develops.
• [C] Phase 3: Final proof: You will be asked to approve the final project.
• [D] Phase 4: Delivery: The final will be delivered to you by email, or website download, or by publishing to the Internet, or by FEDEX. Internet delivery is preferred.
• Payment, which may include the release of the funds from escrow if applicable, will be expected at the end of phase 3 and before phase 4.
• Commissions may be charged at a flat rate or on an hourly basis. When a flat rate is charged you will be entitled to one concept proof and one set of corrections at the end of production. Any further corrections or adjustments will be charged at a minimum hourly rate, in which case a further deposit into escrow may be required.
  
• Communications:
  • You agree that the Group, may communicate with you by whatever means the they deem to be appropriate. This includes, but is not limited to telephonic and email communications. The Group adheres to a respect of 'Privacy' policy and will not sell or divulge your personal and contact details. The Group may be required to use your personal and contact details to secure a domain or purchase / activate a product, script or service in order to fulfil your commission. Similarly, Group may be obligated by law to share your information with an appropriate authority. The Group does not endorse the idea of sharing your information with 'other parties who may offer you products and service of value to you,' and will refrain from doing so where possible.
  • Your use of online communications and technology such as mass email, online conferencing, etc. is entirely at your own risk. The Group will not be held liable for losses arising from use of such technologies and mediums by you or those who for, with, or are associate with you in any way whatsoever.
  • Email is the preferred method of communicating 'In writing,' because emails are automatically time and date stamped as they pass through their email exchanges. As such, communications by email will be deemed to be legal documents that are binding to the same extent as a written document that is signed in person. Similarly, the online forms used by this site produce a record of the user's input that is sent to the Group by email. As such, legitimate online forms generated by this site, will be deemed to be legally binding, as for emails stated above, and they will be deemed to be contractual forms that provide proof of commission where applicable. Forms that are generated by misrepresentation, imposters, hackers, false or fraudulent means will not be legitimate or legally binding. You will be asked to confirm that you are in fact entering an agreement to commission the Owner, by selecting an appropriate checkbox or control on the form. You may be asked for further confirmation by means of a follow up email or by some other means.
    
  • Commissions:
    • The Owner may be available for commissions either directly through this website, or via third party agents or online facilities. If contact is made via a third party agent or online facility, it is your responsibility to meet said third party's requirements, terms and conditions. Any claims, disputes, etc. that may arise between you and said third parties is for you and said third party to resolve. The Group will have no liability, or obligation to get involved in matters between you and said third parties in any way whatsoever.
    • Third party escrow facilities. The Group suggests that you consider using a third party agent that makes use of an escrow service to hold payment for projects commissioned on behalf of both the you and the Group. Typically, you will commission a project. A quote per hour or per project will be given. If agreed upon, you will deposit the money for the project with an escrow service that will notify the Owner. The project is then completed. The escrow service pays the Owner when you are satisfied with the final project. Such systems are designed to protect both you and the Owner.
    • Do not contact the Owner through a third party agent and then try to circumvent the third party agent by doing a 'deal' with the Owner to exclude the third party agent. The Owner will not entertain unethical proposals.
    • A commission does not grant you any rights beyond the commissioning of the product or service itself.
    • Scriptlance is suggested agent with escrow facilities. However, this suggestion is with endorsement or liability in any way whatsoever.

    Trademarks

    • All trademarks, service marks and trade names of GMorrell-Stinson.com used in the Portal or Related Facilities are trademarks or registered trademarks of GMorrell-Stinson.com.

    Liabilities:

    • The Group shall not be liable for any consequential or special damages that may result from the use of, or the inability to use, the services and products offered on this Portal and Related Facilities. This includes but is not limited to the provision, accuracy, or performance of all services and products.
    • The Group do not accept liability in any form, other than the implied responsibility to deliver a product, or perform a service as per mutual agreed upon, written contractual agreement. Any claims related to non delivery of said contractual agreement will be limited to a maximum of the stated price of the product or service as per the agreement. The non-acceptance of liabilities applies to liabilities direct or indirect, that may arise from any commissions entered into between you and the Owner and for any losses whatsoever.
    • The Group is not responsible for or liable for any profit increases, or losses, that may be made by you or rise up against you or your business, etc. in any way whatsoever as a result, direct or indirect, of your participation in the Portal and Related Facilities,
    • The Group is not responsible for or liable for any hosting problems, breakdown in hosting or third party products and services. Nor is the Group responsible for or liable for any losses that may occur as a result of third party breakdowns.
    • The Group is not responsible for any losses arising from the use or misuse of his products or services, commissioned or otherwise. Nor is the Group responsible for losses arising from data corruption, hacking , identity theft, viruses, invasions of any kind , trademark infringements incurred in your commission, etc. The Group's sole responsibility is to fulfill the commission, which will be limited to providing a product or a service only. Once said product or service has been rendered, you accept full liability and responsibility for all losses associated with said commission in every way possible. This does not include running operational costs associated with the Group's operation of its facilities upon which your product or service may be based.
    • The Group is not liable for losses incurred by mathematical or formula errors that may yield incorrect, false or misleading results. The onus is you to check the finished product or service that you commissioned or make use of to ensure that it meets your needs. If you should discover errors you should report them to the Group so that they may be corrected, if possible.
    • The Group does not accept liability for any losses that may occur by making use of third party coding. Such coding may be derived from open source providers in good faith. Although the Group has the ability to go a long way with basic cutting and pasting of code, or the compilation of coded elements into a project, the Group does not claim to be expert in the use of coding or the writing of code as the Owner's specialty revolves around graphic design, website design with basic HTML and PHP, and the enhancement of images. The Group may contract with programmers to develop software components to enhance its products or services from time to time.
    • The Group is not liable for the outcome and resultant losses of legal 'wars' that appear to be brewing between open source providers and closed source providers. As such, you should be aware that all code could come under threat some time in the future.
    • The Group will not be held liable losses arising from operator errors by you or your employees or your clients or any other party in any way whatsoever. The Group will not be held liable for losses arising from data corruption or any form of product corruption in anyway whatsoever.
    • Coaching and Consulting: These services may be offered by the Group on a 'per-case' basis. The Group is not liable for losses arising from the understanding, misunderstanding, application or misapplication of information derived from coaching or consulting services in any way whatsoever. The onus is on you, the client and the participants, to make wise application of any information shared by the Group and imparted to you / the participants , with regard to your particular business and circumstances. The Group will not be held liable for losses arising or incurred as a result of your application of any information shared by the Group with you / participants during any coaching or consulting session.
    • The Group reserves the right to terminate a project or commission at any time for any cause without obligation or liability in any way whatsoever or for any losses that may occur, direct or indirect in any way whatsoever. This clause may sound harsh and therefore be of concern to you. However, as an example, past experience has taught the Owner that this is necessary to protect you and the Group since some 'clients' will commission the Group and then never provide the materials, or information required, to the Group to complete a commission. The result is that the project 'hangs' indefinitely, which is to no one's advantage.
    • Deadlines: The Owner has an exceptionally good track record of meeting deadlines. However, deadlines that have been missed are invariably the result of clients not providing the information or material required to complete a commission on time. Similarly, clients shifting goal posts and objectives may result in missed deadlines. In addition, technical failures by technology or third party systems may also result in missed deadlines. As such, the Group will not be held liable for losses that may arise from missed deadlines whether directly or indirectly in any way whatsoever. However, the Group will commit to doing his utmost to meet every deadline in every way possible and, as stated above, the Owner has a very good track record in this regard.
    • The Group does not accept liability for any losses that may occur as a result of your conducting an online business using the Group's products or services in part or in whole, in any way whatsoever. This clause includes, but is not limited to identity theft, the use of ecommerce facilities, services or code, the use of gateways, payments gateways or providers in any form whatsoever. This includes the provision of the same services by third-party providers. Similarly the use of technologies, and the risks and liabilities associated with said use in your commissions is at your own risk.
    • The Group's function is not to replace appropriately qualified and specialized advice. You should seek out the advice of appropriately qualified experts where necessary. It is wise to cover your own risks wherever possible. The Group will not be held liable for losses resulting from your failure to seek appropriately qualified advice, in whatever field, in this regard.
    • Domain names: You are solely responsible for determining if a domain name has been copyrighted or trade marked, or claimed by a third party in any way. The Group may make suggestions based upon what domain names may be available for purchase from domain name vendors. However, the availability of a domain name does not guarantee that a potential domain, or domain name, is free from trademark or ownership claim in any way whatsoever. The Group will accept no liability or losses that may arise, from the use or purchase of a domain name, in any way whatsoever. You should seek legal advice on this matter. Please refer to the United States Patent and Trademark office for more information at: http://www.uspto.gov/trademarks/
      

    Terms:

    • Terms may be edited, altered, or terminated by the Group without notice at any time, for any reason. Remaining Terms will survive such alterations.

    Termination:

    • The intent to terminate a commission or agreement needs to be made in writing to the Owner or Related Facility. Similarly, the Group's intent to you will be made in writing. Termination of an agreement will not create a liability other than a to a potential maximum of any monies paid by one party to the other, which will be within the stated price that has been agreed upon in writing. However, if the Group has legitimately charged for hours spent on commission, such monies will still be due to the Group, and if already paid will not be refunded. If the Group is in default of the agreement, the Group will refund the money paid by the client to date, and no more, as soon as possible. The Group will aim at refunding said monies within 30 days of termination, but may opt at its own discretion, to repay over a longer term depending on prevailing circumstances and conditions.

    Disputes:

    • There should be no need for disputes, because of the Owner's commitment to operating in a spirit of goodwill, integrity and excellence. If you share the same values, we will be able to work out any situation in a spirit of goodwill, easily and amicably, with a view to finding the best outcome for all. If you are not committed to the same values, we should not do business in the first place. However, in the event of a dispute, the Group reserves the full and sole right to determine the best method to resolve the dispute in accordance with the laws of the USA and not in accordance with the 1980 U.N. Convention on contracts for the international sale of goods, or other U.N. laws or conventions. The method of resolving a dispute may include, but not be limited to calling in a third party referee or arbitrator. The referee or arbitrator will determine the best procedure to settle the dispute. The referee's or arbitrator's ruling will be deemed to be fair, final, and binding in every way, to the fullest extent of the law. Alternatively, the Group will have the sole right to determine the place and legal jurisdiction to settle the dispute, which at this stage is likely to be Sutter County in California.
    • Failure to enforce strict compliance of any of these Terms shall not be construed as a waiver of any provision, right, or part of said Terms. Trade practices or individual performance shall not modify any of these Terms. The Group may assign its rights and duties under this Agreement, as it deems fit, to any party at any time without informing you.

    Guarantees

    • The Group may offer guarantees related to purchases made with the Group. If your purchase is with a Third-party, the Third-party's policies and terms will apply, even if that Third-party is displayed on the Group's Portal or Related Facilities in any way. As a guide, if you purchase a course and for some reason want a refund, you have 30 days to request a refund. If you have purchased any tangible products these must be returned in their original condition, within the 30 days from date of purchase. If you purchased a digital product, the digital product must be destroyed within 3 days of receiving confirmation that your refund request has been approved. If you request a refund within 30 days from the date of purchase, and the above conditions have been met to the satisfaction of the Group, the Group will refund your full purchase price, less shipping and handling and less any costs to replace damaged or spoiled goods that cannot be sold as the equivalent of a new product, due to their condition. If you do not request a refund within the 30 day refund period, you will forfeit your refund option and will not be eligible for a refund. We do not offer refunds on any additional services that you may purchase once you are a member.
    • In the case of subscription services, or products or courses that are delivered sequentially, you will only be refunded for the last subscription paid by you prior to your refund request. The assumption is made that if you have received your subscription and then not cancelled, so that you receive the next subscription or more, you have indicated your satisfaction with the subscriptions received thus far. For example, you cannot expect to receive 10 subscriptions, and then claim to want a refund on all 10. You have had had at least 10 opportunities to evaluate your subscription. Not canceling each new subscription indicates that you are satisfied with the previous one and that you have chosen to accept the next subscription. Therefore, in this scenario, you would only have received a refund for subscription number 10, and nothing more.

    Use of the Portal or Related Facilities

    • You may not harass, interfere with, or obstruct any system, or users in any way whatsoever. This includes by email. Obscene language, misrepresentation, uploading of commercial products from other sites or your own, are all prohibited. You may not involve yourself in any illegal, damaging, slanderous, or inflammatory activity on the Group's Portal or Related Facilities. This list is not exhaustive. Occult, demonic, pornographic, addictive, degrading material and the like are not allowed. The sole right to determine what is acceptable or not, and to take appropriate corrective action which may involve, but is not limited to the banning and removal of the offending material and / or party, is reserved in full.
    • You acknowledge that the Group acts, in the provision of its facilities, as a passive participant when it comes to content that users upload or contribute. The Group is not responsible for the content of these communications and materials in any manner.
    • You agree to indemnify, defend, and hold harmless the Group from all costs, damages, liabilities, attorneys fees, costs of legal action, etc. that may arise from your or other parties accessing this site and / or your account, which includes but is not limited to negligent or wrongful conduct by you or others.

    In closing:

    These terms and conditions may seem to be firm, but are designed to protect fair and good business relations between you and the Group in every way.

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