1.1 This agreement describes the terms and conditions that govern your use of the Stickybeak Marketing website.
1.3 We may, at our sole discretion, vary or modify the Website Terms from time to time. The amended Website Terms will be posted on this website. Any subsequent access to, or use by you, of this website will constitute an acceptance of these Website Terms as they appear at that time.
1.4 Except as specifically permitted under the terms of this agreement, these Website Terms cannot be amended except in writing signed by you and us.
General terms and conditions
The following general terms and conditions apply to all users of the Stickybeak Marketing website.
2. Your obligations
2.1 You must not:
(a) use this website for any activities which breach any laws or regulations or infringe any third party rights;
(b) use this website to send any spam or unsolicited electronic mail messages to anyone;
(c) use this website for fraud or any misleading or deceptive conduct;
(d) use the personal information of another person in order to access or use this website;
(e) tamper with, hinder the operation of or make unauthorised modifications to this website; or
(f) transmit any bug, virus or other disabling feature to or through this website.
3. Information and content
3.1 The content and format of the Stickybeak Marketing website may be changed by us at any time, without notice, in our absolute discretion.
3.2 This website includes information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.
3.3 This website includes information and content developed by us (Our Information). You acknowledge and agree that:
(a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;
(b) while we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and
(c) Our Information may include certain errors, omissions or outdated information from time to time.
3.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.
4. Security, viruses and linking
4.1 We do not guarantee the security of the Stickybeak Marketing website. We do not warrant that access to this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
4.2 Should you leave this site via a third party link, you acknowledge that:
(a) you do so at your own risk;
(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(c) the link does not represent any endorsement by us of the products or services offered on the linked site.
5. Intellectual property
5.1 All intellectual property rights in the Stickybeak Marketing website, including any information, software and tools accessed via this website, will remain vested in us.
5.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public this website, or any information, software and tools accessed via this website.
6. Confidentiality and privacy
6.1 Any communication or material sent by you to this website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in any applicable privacy laws.
7. Our liability
7.1 Subject to any applicable law:
(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and
(b) all implied conditions, warranties and rights are excluded.
7.2 Without limiting paragraph 7.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by this website.
7.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.
7.4 Subject to paragraphs 7.1 and 7.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.
7.5 Subject to this paragraph 7, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Website Terms will not exceed the total amount paid by you for use of this website.
7.6 You acknowledge that we have engaged a third party to manage this website on our behalf (Third Party Website Manager) and to the fullest extent permitted by law, you must no make any claim or commence any proceeding against that Third Party Website Manager in connection with your use of this website.
8.1 The Stickybeak Marketing Website Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Website Terms.
8.2 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
8.3 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.
8.4 If you have any questions or feedback about this website or the Stickybeak Marketing Website Terms, please contact firstname.lastname@example.org.
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