Disclosure

This Acceptable Use Policy applies to the use of any product, service or webpage provided by chrismarcell.com, whether I provide it directly or use another party to provide it to you. This policy is designed to ensure compliance with the laws and regulations that apply to chrismarcell.com. It also protects the interests of all of my clients as well as my goodwill and reputation. By using the Services provided by chrismarcell.com, you are agreeing to these terms.

I periodically update these terms and I will let you know when I do through the AWeber Email Marketing Service in my portal used to access your subscription (if you have one) to chrismarcell.com. You agree to review the Acceptable Use Policy on a regular basis and always remain in compliance.

Full Disclosure

  1. Reporting Suspected Violations

I encourage recipients of email messages sent using chrismarcell.com to report suspected violations of this AUP to me by forwarding a copy of the received email with FULL headers to chrismarcell@chrismarcell.com. I have a policy to investigate all of these reports and to respond in the way I consider appropriate.

If you know of or suspect a violation of this Policy, you will promptly notify me in writing of the known or suspected violation of this Policy.

  1. No SPAM Permitted

You may not use the Services provided herein in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of any given law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, or (d) commercial electronic messages in violation of Anti-Spam Legislation.

  1. Prohibited Email Content and Formatting; Email Best Practices

Email sent, or caused to be sent to or through chrismarcell.com may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use my trademark(s), tagline(s), or logo(s) without my prior written consent and only then pursuant to my trademark usage guidelines.

  1. Content

4.1 You are responsible for all content you post via chrismarcell.com.

4.2 Contacting or interacting with other users on chrismarcell.com is entirely your choice. If you wish to opt out of any interactions, update your Privacy Settings and make the appropriate selections. If the available options do not meet your needs, your only recourse to further limit your interactions is to terminate your use of chrismarcell.com.

4.3 You may not use chrismarcell.com or the Services offered herein to abuse, harass, threaten, impersonate or intimidate anyone. If you become aware that a user is engaging in prohibited activity, please report such activity immediately.

4.4 You will not post the personally identifiable information of any individual, including but not limited to his or her email addresses, full name or other sensitive information without his or her consent. Posting personally identifiable information of any individual or the page’s Registered User would be a breach of these terms and conditions.

  1. Modification

5.1 Chrismarcell.com reserves the right, at its sole discretion, to modify, discontinue or terminate chrismarcell.com or Services at any time without prior notice.

5.2 I reserve the right, at my sole discretion, to modify these Terms and conditions, at any time and without prior notice. If I modify the Terms of Use, I will post the modification on chrismarcell.com or otherwise provide you with notice of the modification. I will also update the “Last Updated Date” in the Disclosure. By continuing to access or use chrismarcell.com or Services after we have posted a modification to the Disclosure or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the Terms of Use, whether modified or not, are not acceptable to you, you must cease accessing and using chrismarcell.com and Services.

  1. Your content: rules

6.1 You warrant and represent that your content will comply with these terms and conditions.

6.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

6.3 Your content, and the use of your content by me in accordance with these terms and conditions, must not:

(a) Be libelous or maliciously false;

(b) Be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off,  or other intellectual property right;

(d) Infringe any right of confidence, right of privacy or right under data protection legislation;

(e) Be in breach of any contractual obligation owed to any person;

(f) Be untrue, false, inaccurate or misleading;

(g) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

  1. Limited warranties

7.1 I do not warrant or represent:

(a) The completeness or accuracy of the information published on chrismarcell.com;

(b) That the material on chrismarcell.com is up to date; or

(c) That chrismarcell.com or any service on chrismarcell.com will remain available.

7.2 I reserve the right to discontinue or alter any or all of my site’s services, and to stop publishing my posts, at any time in my sole discretion without prior notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services on chrismarcell.com.

7.3 To the maximum extent permitted by applicable law and subject to Section 8.1, I exclude all representations and warranties relating to the subject matter of these terms and conditions, chrismarcell.com and the use of chrismarcell.com.

  1. Limitations and exclusions of liability

8.1 To the extent that chrismarcell.com and the information and services on chrismarcell.com are provided free of charge or paid, I will not be liable for any loss or damage of any nature.

8.2 I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.

8.3 I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.4 I will not be liable to you in respect of any loss or corruption of any data, database or software.

8.5 I will not be liable to you in respect of any special, indirect or consequential loss or damage.

  1. Severability

9.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Disclaimers

10.1 I may gather personal information of users on chrismarcell.com and Services such as name, location, search history, email, age and stored cookies. By using chrismarcell.com, you fully understand and agree to this practice.

10.2 If you click a link on chrismarcell.com or Services, you may be directed away from my site. I’m not responsible for the privacy practices of other sites and you should read their privacy information.

10.3 I do promote affiliate products on chrismarcell.com in exchange for commissions. By using chrismarcell.com and Services provided, you fully understand and agree to this practice.

10.4 Chrismarcell.com (including all content provided within it) is not a definitive source of legal information. If you are in any doubt you should contact the business involved directly before acting on any guidance provided herein.

10.5 The information provided on or via chrismarcell.com is intended to be informative only and is provided on an “as is” and “as available” basis. In using chrismarcell.com, you acknowledge that any reliance upon any information obtained or received via chrismarcell.com shall be at your sole risk. If you are in any doubt, please seek independent advice.

10.6 I do not warrant that the functions of chrismarcell.com will be uninterrupted or error free, defects will be corrected, or that chrismarcell.com or the servers that make it available are free of viruses. I do not warrant that the data transmitted through chrismarcell.com will be uninterrupted, error free or free of viruses. In no event will I be liable for negligence (except for personal liability or death), any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages arising from use or loss of use of, data or profits arising out of or in connection with the use of chrismarcell.com.