Terms of Service
Acceptance of terms
This is a Website of The Reluctant Entrepreneur Podcast (“Reluctant Entrepreneur”). Use by you of this Website and any other websites operated by Reluctant Entrepreneur together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other Reluctant Entrepreneur Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Reluctant Entrepreneur Site.
Content
The copyright in the material contained on, in, or available through this Website or any other Reluctant Entrepreneur Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Reluctant Entrepreneur or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated. The trademarks, service marks, and logos (“Trademarks”) contained on or in this Website or any other Reluctant Entrepreneur Site or Server are registered and owned by or licensed to Reluctant Entrepreneur, its group companies, or its guests. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of Reluctant Entrepreneur or the relevant group company. You are permitted to share, print or download The Reluctant Entrepreneur Podcast episodes provided that each copy or share contains a notice that the Material is owned by or licensed to Reluctant Entrepreneur or its group companies.
Third party products, services and downloads
You acknowledge and agree in relation to any downloads which are accessed on or via a Reluctant Entrepreneur (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, resell or otherwise use a Download in any way which is contrary to applicable laws or regulations.
Disclaimer/Liability
This Website, and any other Reluctant Entrepreneur Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘As-Is’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) Reluctant Entrepreneur disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Reluctant Entrepreneur Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Reluctant Entrepreneur Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, noninfringement and title are, as between Reluctant Entrepreneur and you, hereby excluded. Reluctant Entrepreneur makes no representation or warranty that this Website, any other Reluctant Entrepreneur Site or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or error-free. Reluctant Entrepreneur will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other Reluctant Entrepreneur Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Reluctant Entrepreneur Site or Server or Third Party Website, whether by Reluctant Entrepreneur or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss. If Reluctant Entrepreneur is liable to you directly or indirectly in relation to this Website, any other Reluctant Entrepreneur Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Reluctant Entrepreneur Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Reluctant Entrepreneur granting you membership to this Website or any other Reluctant Entrepreneur site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Reluctant Entrepreneur or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by US American law. This Website is controlled and operated by Reluctant Entrepreneur. Reluctant Entrepreneur makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any Reluctant Entrepreneur Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section may not apply to you in whole or part.
Downloads
Without limiting the foregoing, you expressly agree that Reluctant Entrepreneur, its officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any download through, or via a link from, the Reluctant Entrepreneur Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and Reluctant Entrepreneur and its group companies hereby disclaim all warranties and conditions with respect to the Download, either express, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and noninfringement of third party rights. Reluctant Entrepreneur does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus free, or error free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair or correction.
Access restriction
Reluctant Entrepreneur reserves the right in its sole discretion to deny you access to this Website or any other Reluctant Entrepreneur Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause or any other provision of these Terms and Conditions. In particular, Reluctant Entrepreneur may deny you access to this Website.
General
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Reluctant Entrepreneur concerning your use of this Website or any other Reluctant Entrepreneur Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Reluctant Entrepreneur in relation to such matters. Reluctant Entrepreneur reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorized representative on behalf of Reluctant Entrepreneur. These Terms and Conditions shall be governed by and construed in accordance with United States law and you agree, for the benefit of Reluctant Entrepreneur, to submit to the exclusive jurisdiction of United States Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Reluctant Entrepreneur’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Reluctant Entrepreneur in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favor of any person other than you, Reluctant Entrepreneur and its group of companies.