USER TERMS AND CONDITIONS OF SERVICE AND BUSINESS
The services offered by Jervis including, but not limited to services advertised on www.jervisici.com are provided conditional upon and subject to your acceptance of the terms and conditions of use set forth herein and below. By browsing, accessing, linking, using and/or downloading information from this Site and or purchasing the courses advertised thereon and or engaging the services of Jervis, you agree that you have read, understood, accept and abide by these Terms and Conditions for each use and each visit of this Site and or for each course purchased. If you do not agree to these Terms and Conditions, you should not access this Site and or you should not purchase the courses advertised thereon and or you should not retain the services of Jervis.
These Terms and Conditions are entered into between Jervis and you. If you are using the web site and or purchasing courses and or retaining the services of Jervis on behalf of another person or corporation, you represent that you are authorized to accept these Terms and Conditions on that person’s or corporation’s behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current services, including the release of new courses or products or services.
Reference in these terms to “you” or “your” refer to you as the user, visitor, purchaser, customer, client or surfer and or any other party to whom services are provided by Jervis either directly or indirectly, either on your or on behalf of others. Reference in these terms to “Jervis” constitutes reference to Jervis ICI Ltd, as provider or facilitator of the site, course(s) and or professional services rendered or to be rendered, its employees, directors, officers, agents, contractors, associated and or subsidiary companies, their respective heirs, assigns and successors.
2. Changes to Terms and Conditions
Jervis reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions, and you agree to be bound by such changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of changes. Your use of this Site following any changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.
3. Permitted and Prohibited Uses
This Site is intended for the lawful use of members of the general public who are over the age of 16 years. Subject to these Terms and Conditions, Jervis grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the content for any public or commercial purpose, including without limitation use of the content on any other website or in any environment of networked computers;
transfer the Content to any other person without the prior written explicit consent of Jervis
use this Site in any manner that could damage, disable, overburden or impair or compromise this Site;
upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
infringe on any patent, trade-mark, trade secret, copyright, right of publicity, moral right or other proprietary right of any person, or impersonate any person or entity;
disrupt or interfere with any other person’s use or enjoyment of this Site or of the courses associated or linked sites;
use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
use or attempt to use another’s account, password, service, system or other information or create or use a false identity on this Site;
transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the content.
4. Copyright and Trademarks
Unless otherwise noted, all content and all books, booklets, brochures, written materials, CDs, disks are subject to intellectual property rights, equitable and or legal, including copyrights and trade marks held or licensed by Jervis. Except as expressly provided herein, no license to use or reproduce the content of this website or of any written or hard copy materials of Jervis are given to you. All intellectual property rights therein are expressly reserved. Systematic retrieval of data or other content from this Site and or from the written materials of Jervis to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Jervis is strictly prohibited.
Jervis may from time to time provide links to other sites. It is understood and agreed that Jervis does not in any way endorse, sponsor or recommend the material of other sites and that you enter linked sites at your own risk and it is your responsibility to take such measures are necessary to protect you from viruses and other harmful or destructive elements. This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Jervis shall not have any liability whatsoever to you for any such third party material, data or information.
6. Submission of Information
Although Jervis may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Jervis through this Site, Jervis does not guarantee the security of any information transmitted to or from this Site, including to or from any third party websites linked to this Site. Submission of any financial (e.g. credit card) or other information to PayPal for payments of courses or other materials linked to this site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Jervis through this Site.
8. Courses, Course and Written Materials
It is understood and acknowledged that all courses, course and written materials including but not limited to the Site courses, workshop materials, books, booklets, brochures, articles and pamphlets or part thereof are the property of AJRI and are protected by copyright and or trademark. Use of or access to and or pirating of any course or part thereof, without payment and or registration as advertised on the Site, is strictly forbidden and is subject to penalty of law. It is forbidden to transmit, reproduce, copy, photocopy, photograph, re design, print, re-print, alter, amend, edit, pirate, transfer electronically or in hard copy form, display, re create in whole or in part any and all of these courses or part thereof to or share with a third party and or to display or transmit publicly and or to broadcast any of these courses.
9. Disclaimer and Waiver of Liability
Courses and or course related services provided on or in connection with this Site and or information offered by way of educational or instructional written materials are provided “as is” and are provided for your use. The content is provided without warranties or conditions of any kind, express or implied, it being understood that there are no guarantees, warranties of merchantability, fitness and or suitability for a particular purposes. Jervis, its directors or officers, its employees and or agents make no warranty or guarantee whatsoever that the information contained in this Site is accurate, reliable or correct. Your use of this Site is entirely at your own risk and expense. It is further agreed that Jervis, its officers, directors and employees or agents make no warranty or guarantee whatsoever that the course material is accurate, complete, reliable, current or correct. It is further agreed that the course content is for educational purposes only and is not to be substituted for legal, financial and or professional advice. It is acknowledged and agreed that Jervis, its officers, directors, employees and agents assume no liability whatsoever for loss, damage, expense or costs or injury, whether caused directly or indirectly, by negligence or otherwise, as a result of or arising from use of this Site and or from use of and or arising from its courses published herein.
It is further acknowledged, understood and agreed that all and any services provided by Jervis, including but not limited to mediation, expert witness, litigation support, consulting, audit, adjusting, claims handling, investigation and educational services are provided subject to and in accordance with an understanding and agreement that in providing these services, Jervis, its heirs, successors and assigns does not incur any liability whatsoever, whether arising from negligence or not, either directly or indirectly. It is further understood that you undertake and agree to hold harmless and indemnify Jervis, its directors, officers, employees, associated companies, their respective heirs, successors and assigns from any and all liability, howsoever arising, whether arising from negligence or not, either directly or indirectly and from all or any claims, suits, actions, demands for damage, loss, injury, costs, expenses and from consequential losses, howsoever arising.
If any clause, paragraph, term, condition or phrase of above and below mentioned terms and conditions is held by a tribunal or court or by any other judicial authority to be illegal and or unenforceable and or contrary to law, then such clause, paragraph, term, condition or phrase shall be severable from the balance of such terms and conditions and that said balance of terms conditions shall continue to be valid, binding and enforceable. Notwithstanding that any clause, paragraph, term, condition or phrase is held to be invalid and unenforceable, the balance of the terms and conditions shall not be in any way affected by such unenforceability or invalidity and will remain binding and valid.
11. Maximum Liability
In any event, the maximum liability of Jervis in respect to any claim(s) for loss, damage, expense, cost and or injury, howsoever arising, whether through negligence or otherwise, shall not exceed twice the amount of the services charged by Jervis, in the case in question, to the client or user or party engaging such services. It is hereby acknowledged, understood and agreed that payment of said amount shall constitute a full and final release and discharge of all and any liabilities whether occurring at the time of payment and or occurring at some future date and that no further claim shall lie against Jervis.
12. Jurisdiction and Forum Selection
These terms and conditions are subject to the laws and jurisdiction of the courts and tribunals of England.
In the event of any dispute arising from these terms and conditions and or from the services provided and referred to hereunder and for any other reason, the parties shall first submit to Mediation within a period of 30 days.