Terms and Conditions of Use
These are the terms and conditions (“Terms”) that govern the relationship between you, the user of this website (the “Site”), and Bob Tewksbury Mental Skills Consulting LLC (the “Company”) regarding your use of the Site. By visiting the Site, you accept and agree to abide by these Terms.
The Company reserves the right to update these Terms at any time. You should visit this page periodically to see any updates to the Terms.
Links to Other Sites
As a courtesy to you, this Site may offer links to other websites (“Linked Sites”). The Company has no ability to control and is not responsible for the content or activities of any Linked Sites or any other sites linked to this Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Use of Social Media Tools
The Site may contain links to social computing tools designed to enable you to communicate with the public at large or within a group, including social media platforms such as Facebook and Twitter (collectively, “Social Media Tools”). Any information or other content you post or divulge, such as pictures, information, opinions or any other type of personal identifiable information that you make available to other participants on these social platforms may be subject to this Site’s Terms and/or the terms and conditions of those social platforms, and/or any additional guidelines and privacy information provided in relation to their use. Please refer to applicable terms and conditions. You should be aware that content you post on any such social computing platforms may be made broadly available to others inside and outside the Company.
The Company has no obligation to monitor the Social Media Tools, and is not responsible for the content or activities on the Social Media Tools. However, the Company reserves the right in its sole discretion to review materials posted to Social Media Tools and to remove any materials at any time, for any reason, without notice to you. The Company reserves the right to terminate your ability to access to any or all of the Social Media Tools through the Site at any time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information about yourself or your family in any Social Media Tools. The Company does not control or endorse the content, messages or information found in any Social Media Tools and, therefore, the Company specifically disclaims any liability with regard to the Social Media Tools and any actions resulting from your participation in any Social Media Tools.
Copyright. All content (including without limitation any pictures, logos, images and text) appearing on the Site is the property of the Company or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of the Company or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, the Company.
By accessing this Site, you understand that the content provided herein and any results obtained from the efforts and recommendations of this Site, the Company, or Bob Tewksbury, Ed.M, are not guaranteed to improve performance, income, health, fitness or specific earnings. Neither the Company nor Bob Tewksbury, Ed.M, make any guaranty that any portion of the Site or any books, videos, audio content, newsletters, resources or any other information contained in, linked to, or referenced on the Site will increase performance, income, or specific earnings.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, CORRECTNESS, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT APPEARING ON THE SITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE SITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SITE OR CAUSED BY THE CONDUCT OF VISITORS TO THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE COMPANY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF THE COMPANY OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF THE SITE IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
Governing Law; Venue
You acknowledge and agree that these Terms shall be governed by and construed in accordance with the internal laws of the State of New Hampshire, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New Hampshire. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
We control and operate this site from Concord, New Hampshire. We do not represent that materials on the site are appropriate or available for use outside of Concord, new Hampshire. Persons who choose to access this 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.
Please note that your use of the Site may be subject to other local, state, national, and international laws.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of these Terms will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any term or provision of these Terms is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of these Terms, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
If you have any questions or concerns regarding the Site, please contact us.