Terms and Conditions
Last Updated: October 7, 2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website (the “Service”) operated by Aleph and Tav (“Company”, “us”, “we”, or “our”), accessed at https://garyrobertpinnell.com/.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these Terms and Conditions, you warrant and represent that you are at least 18 years of age.
This website uses cookies. By using this website and agreeing to these Terms and Conditions, you content to our use of cookies in accordance with our Privacy Policy.
Your access to and use of the Service requires your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you accept these Terms and Conditions in full. If you disagree with any part of the Terms and Conditions, then you must not use or access the Service.
License to Use Website
The Company and/or its licensors own the intellectual property rights of the website and the content, unless otherwise stated. All the copyright and other intellectual property rights in our website and the material on our website are reserved.
You may:
- view pages from our website in a web browser;
- print pages from our website;
- download pages from our website for caching in a web browser;
- stream audio and/or video files from our website (if applicable);
- submit information using forms on our website and/or engage with other interactive elements of our website according to their intended purpose,
subject to the restrictions and provisions stated in these Terms and Conditions.
Except where it is expressly permitted in these Terms and Conditions, you must not download any material from our website or save any such material on your computer. You may only use our website for your own personal and business purposes, and you must not use it for any other purpose.
Unless you own or control the relevant rights to the material, you must not:
- reproduce, duplicate, copy, or otherwise use material on this website for a commercial purpose;
- republish material from this website (including republication on another website);
- edit or otherwise modify any material on the website;
- redistribute material from the website that is not specifically and expressly made available for redistribution;
- sell, rent, or sub-license any material from the website; or
- show any material from the website in public.
Restricted Access
We reserve the right to restrict access to areas of our website, or our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
If you are permitted to have an account to access some or all of the restricted areas of this website or other content or services, you must ensure that you keep your user ID and password confidential. You may not share your account with any other person unless we have authorized such use.
Acceptable Use
You must not:
- use this website in any way or take any action that causes, or may cause, damage or impairment to the website or its performance, availability, or accessibility;
- use this website in any way that is illegal, unlawful, fraudulent, or harmful,
- use this website in connection with any purpose or activity that is illegal, unlawful, fraudulent, or harmful;
- use this website to copy, host, store, send, use transmit, publish, or distribute any material or content that consists of (or is linked to) any spyware, Trojan horse, computer virus, rootkit, keystroke logger, or other malicious computer software.
- conduct any automated or systemic data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without our express written consent;
- access or interact with our website using any automated means such as a robot or spider (except for the purpose of search engine indexing);
- use this website to transmit or send unsolicited commercial communications; or
- use this website or data collected from it for any marketing activity (including without limitation telemarketing, email marketing, SMS marketing, and direct mailing) without our express written consent.
User Content
In these Terms and Conditions, “your user content” refers to material (including without limitation images, text, audio, video, documents, files, and other media) that you submit to us or our website for storage or publication on, processing by, or transmission via our website.
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, publish, adapt, translate, and distribute your user content in any existing and future media.
You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
You must not submit or upload any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
User content must not be illegal or unlawful, must not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, us, or any third-party (in each case under any applicable law).
We reserve the right to edit or remove any material submitted or uploaded to this website, stored on our servers, or hosted or published on this website. We may delete, unpublish, or edit any or all of your content, without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect you have.
You warrant and represent that your content will comply with these Terms and Conditions.
Your content, and the use of your content by us in accordance with these Terms and Conditions, must not:
- infringe on any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
- infringe on any right of confidence, right of privacy, or right under data protection legislation;
- be libelous or maliciously false;
- constitute negligent advice or contain any negligent statement;
- be in contempt of any court, or in breach of any court order;
- constitute an incitement to commit a crime, instructions for committing a crime, and/or promoting criminal activity;
- be in breach of racial or religious hatred or discrimination legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic, or gratuitous manner;
- be pornographic, lewd, suggestive, or sexually explicit;
- be untrue, false, inaccurate, or misleading;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, harassing, abusive, menacing, anti-social, hateful, discriminatory, or inflammatory; or
- cause annoyance, inconvenience, or needless anxiety to any person.
Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. We 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 previous statement, we do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- the website will constantly be available, or available at all; or
- the material on the website is up to date.
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 with an appropriate professional.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing on the website, at any time in our sole discretion without notice or explanation. You will not be entitled to compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing on the website.
Limitations of Liability
We will not be liable to you in relation to the contents of or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special, or consequential loss; or
- 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 we have been expressly advised of the potential loss.
Exceptions
Nothing in these Terms and Conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability in these Terms and Conditions govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
You acknowledge that we are a limited liability entity, and you agree that you will not bring any claim personally against our officers or employees, in respect of any losses you suffer in connection with this website or these Terms and Conditions.
Without prejudice to the foregoing statement, you agree that the limitations of warranties and liability set out in these Terms and Conditions will protect our officers, employees, agents, subsidiaries, successors, assign and subcontractors, and the company owner.
By using this website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable Provisions
If any provision of these Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms and Conditions.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, expenses, and liabilities (including without limitation legal expenses and any amounts paid by us to a third-party in settlement of a claim or dispute on the advice of our legal advisors) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, arising out of any claim that you have breached any provision of these Terms and Conditions.
Breaches to These Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to the website;
- permanently prohibit you from accessing our website;
- block computers or devices using your IP address from accessing the website;
- suspend or delete your account and/or your content on our website;
- contact any or all of your internet service providers and request they block your access to the website; and/or
- commence legal action against you, whether for breach of contract or otherwise.
We reserve the right to take such action that we deem appropriate to deal with the breach. In the event we suspend, block, or prohibit your access to our website in whole or in part, you must not take any action to circumvent the suspension, blocking, or prohibition (including without limitation creating and/or using a different account).
Variation
We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this website from the date of publication of the revised Terms and Conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
If you do not agree to the revised Terms and Conditions, you must stop using our website.
Assignment
You agree that we may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not without our prior written consent, assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
Severability
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.
If any unlawful and/or unenforceable provision 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.
Third Party Rights
A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third-party. The exercise of the parties’ rights under a contract under these Terms and Conditions is not subject to the consent of any third-party.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
These Terms and Conditions, together with our Privacy Policy, shall be governed and construed in accordance with the Texas law, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the State of Texas.
Our Details
This website is owned and operated by Gary Robert Pinnell.
You can contact us:
- using our website contact form; or
- by email at gary@garyrobertpinnell.com.