Terms of Service

Terms of Service – Johnson Consulting

Terms Of Use & Service

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH
IS PROVIDED BY OUR COMPANY (JOHNSON CONSULTING). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE
SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF
THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT
AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE
UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR
ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION
OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA)
AND IS NOT MONITORED AS DOING SO.

To access this site or some of the resources it has to offer, you may be asked
to provide certain registration details or other information. It is a condition
of your use of this site that all the information you provide on this site will
be correct, current, and complete. If our Company believes the information you
provide is not correct, current, or complete, we have the right to refuse you
access to this site or any of its resources, and to terminate or suspend your
access at any time, without notice.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may
not use this site for any other purpose, including any commercial purpose, without
our Company’s express prior written consent. For example, you may not (and may
not authorize any other party to) (i) co-brand this site, or (ii) frame this
site, or (iii) hyper-link to this site, without the express prior written permission
of an authorized representative of our Company. For purposes of these Terms
of Use, “co-branding” means to display a name, logo, trademark, or
other means of attribution or identification of any party in such a manner as
is reasonably likely to give a user the impression that such other party has
the right to display, publish, or distribute this site or content accessible
within this site. You agree to cooperate with our Company in causing any unauthorized
co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the “Content”)
accessible from this site, and any other World Wide Web site owned, operated,
licensed, or controlled by our Company is the proprietary information of our
Company or the party that provided the Content to our Company, and our Company
or the party that provided the Content to our Company retains all right, title,
and interest in the Content. Accordingly, the Content may not be copied, distributed,
republished, uploaded, posted, or transmitted in any way without the prior written
consent of our Company, or unless authorized in writing elsewhere on our site,
except that you may print out a copy of the Content solely for your personal
use. In doing so, you may not remove or alter, or cause to be removed or altered,
any copyright, trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Content. Modification or use of the
Content except as expressly provided in these Terms of Use violates our Company’s
intellectual property rights. Neither title nor intellectual property rights
are transferred to you by access to this site.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or
related to, our Company. Hyper-links to such sites are provided as a service
to users and are not sponsored by or affiliated with this site or our Company.
Our Company has not reviewed any or all of such sites and is not responsible
for the content of those sites. Hyper-links are to be accessed at the user’s
own risk, and our Company makes no representations or warranties about the content,
completeness or accuracy of these hyper-links or the sites hyper-linked to this
site. Further, the inclusion of any hyper-link to a third-party site does not
necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display all content,
remarks, suggestions, ideas, graphics, or other information communicated to
our Company through this site (together, hereinafter known as the “Submission”),
and to incorporate any Submission in other works in any form, media, or technology
now known or later developed. Our Company will not be required to treat any
Submission as confidential, and may use any Submission in its business (including
without limitation, for products or advertising) without incurring any liability
for royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future Company
operations.

Our Company will treat any personal information that you submit through this
site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that our Company cannot and does not guarantee or warrant that
files available for downloading from the Internet will be free of viruses, worms,
Trojan horses or other code that may manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to this site for the reconstruction of
any lost data. Our Company does not assume any responsibility or risk for your
use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used
to replace any written reports, statements, or notices provided by Company.
Investors, borrowers, and other persons should use the Content in the same manner
as any other educational medium and should not rely on the Content to the exclusion
of their own professional judgment. Information obtained by using this site
is not exhaustive and does not cover all issues, topics, or facts that may be
relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided ?as is?
and without warranties of any kind, either expressed or implied. Our Company
disclaims all warranties, including any implied warranties of merchantability,
fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does
not warrant that the functions OR CONTENT contained in this site will be uninterrupted
or error-free, that defects will be corrected, or that this site or the server
that makes it available are free of viruses or other harmful components. Our
Company does not warrant or make any representation regarding use, or the result
of use, of the content in terms of accuracy, reliability, or otherwise. The
content may include technical inaccuracies or typographical errors, and Company
may make changes or improvements at any time. You, and not our Company, assume
the entire cost of all necessary servicing, repair or correction IN THE EVENT
OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our
COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking,
speaks only as of the date the information is posted on this site, and Company
does not undertake any obligation to update such information after it is posted
or to remove such information from this site if it is not, or is no longer,
accurate or complete.

Limitation On Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR
ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER
OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT
OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors,
content providers, service providers, employees, agents, officers, directors,
and contractors (hereinafter known as the “Indemnified Parties”) harmless
from any breach of these Terms of Use by you, including any use of Content other
than as expressly authorized in these Terms of Use. You agree that the Indemnified
Parties will have no liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out of your use
of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property
of Company or the party that provided the trademarks, service marks, and logos
to Company. Company and any party that provided trademarks, service marks, and
logos to Company retain all rights with respect to any of their respective trademarks,
service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this
site any material that:

  • you do not have the right to post, including proprietary material of any
    third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is
    obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content,
    asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person,
    including violating anyone?s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person
    or otherwise manipulates headers or identifiers to disguise the origin of
    the content;
  • advertises any commercial endeavor (e.g., offering for sale products or
    services) or otherwise engages in any commercial activity (e.g., conducting
    raffles or contests, displaying sponsorship banners, and/or soliciting goods
    or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any
    other computer code, files or programs designed to interrupt, destroy or limit
    the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than
    other users are able to type, or otherwise act in a way which affects the
    ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding
    use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within
    the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor
use of this site to determine compliance with these Terms of Use, as well the
right to remove or refuse any information for any reason. Notwithstanding these
rights, you remain solely responsible for the content of your submissions. You
acknowledge and agree that neither Company nor any third party that provides
Content to Company will assume or have any liability for any action or inaction
by Company or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible
for the security of your password (if any). Company will be entitled to monitor
your password and, at its discretion, require you to change it. If you use a
password that Company considers insecure, Company will be entitled to require
the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection
with this site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools)
is strictly prohibited. If you become involved in any violation of system security,
Company reserves the right to release your details to system administrators
at other sites in order to assist them in resolving security incidents. Company
reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities
or court order requesting or directing Company to disclose the identity of anyone
posting any e-mail messages, or publishing or otherwise making available any
materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY]
OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of
IL, USA, notwithstanding any principles of conflicts
of law. You specifically consent to personal jurisdiction in IL in connection
with any dispute between you and Company arising out of these Terms of Use or
pertaining to the subject matter hereof. The parties to these Terms of Use each
agree that the exclusive venue for any dispute between the parties arising out
of these Terms of Use or pertaining to the subject matter of these Terms of
Use will be in the state and federal courts in Rockford, IL. If any part
of these Terms of Use is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity and enforceability of any
remaining provisions. These Terms of Use constitute the entire agreement among
the parties relating to this subject matter. Notwithstanding the foregoing,
any additional terms and conditions on this site will govern the items to which
they pertain. Company may revise these Terms of Use at any time by updating
this posting.

Last updated: Feb 15, 2012

© 1999-2012 Johnson Consulting All rights reserved.

Johnson Consulting
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Coach Curt Johnson

 

Coach Curt Johnson

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