|Disclaimer & Hold Harmless Agreement|
|The membership subscription with TheOldScientist is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY SERVICE I OFFER. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
No warranty is expressed or implied concerning the suitability of the Technology or related information. The Technology is purely experimental; therefore no specific results can be guaranteed for any purpose or application. Use of the Technology, as well as related devices or information, is at the Informational Product Customer’s own risk. The Technology is not intended for use in violation of State or Federal regulations. Compliance with any State or Federal regulations, where applicable, is the responsibility of the Informational Product Customer.
The Informational Subscription Member hereby acknowledges the following:
1. There is no warranty that the Technology is merchantable or that it is fit for a particular purpose or area.
2. In no event shall Vortices Dynamics be liable for consequential damages, nor shall Vortices Dynamics liability on any claim for damages arising out of or connected with the use of provided technologies from sale.
4. The original Informational Subscription Member, agrees to hold Vortices Dynamics harmless from and will indemnify Vortices Dynamics from damages caused by the use of the Technology.
5. Vortices Dynamics assumes no liability for any incidental, consequential or other liability from the use of the Technology. All risks and damages, incidental or otherwise, arising from the use or misuse of the Technology are entirely the responsibility of the Subscription Member. Although careful precaution has been taken in the preparation of information, products and/or supplies.
6. Since the knowledge provided with the Technology, as well as on the TheOldScientist’s web site, are provided AS-IS, there is no warranty for the Technology, to the extent permitted by applicable law. The entire risk as to the quality and performance of the Technology is with the Informational Subscription Member. Should the Technology or any related device prove defective or ineffective in any way, the Informational Subscription Member will assume the cost of all necessary servicing, repair or correction.
7. In no event, unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the Technology, be liable to the Informational Subscription Member for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the technology, including but not limited to loss or personal injury or losses sustained by the user or third parties or a failure of the technology to operate, even if such holder or other party has been advised of the possibility of such damages.
8. The Informational Subscription Member agrees that the conditions above apply equally to all current, past, and future purchases including downloads or deliveries of any kind.
9. This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
10. The Informational Subscription Member is charged with the responsibility of experimenting, installing, properly using and maintaining the workability of the Technology.
11. TECH SUPPORT: The information provided by Vortices Dynamics, aka TheOldScientist is a do-it-yourself technology and should be applied by the Informational Subscription Member, with or without local assistance. It is the responsibility of the Informational Subscription Member to obtain technical assistance locally or via the consultancy or training service form Vortices Dynamics via TheOldScientist website. Vortices Dynamics will attempt to provide effective email support for any Informational Subscription Member who asks for technical advice. TECH SUPPORT (WHEN AVAILABLE) IS GIVEN BY VORTICES DYNAMICS AS A FREE SERVICE, depending on the service level agreement based on the subscription level. Such service is provided AS-IS without warranty of any kind.
Translations, when available, are performed by a robot and are given away by the Vortices Dynamics as a free service of goodwill. The Vortices Dynamics does not control or monitor translations quality. It is the responsibility of the Informational Subscription Member to clarify any question arising from imperfect translation.
13. Vortices Dynamics retains the right and the choice to refuse service and/or support to any Informational Subscription Member and non-subscription member, regardless of their payment or refund.
14. Vortices Dynamics retains the freedom to change and improve the Technology and its delivery method(s) at any given time. This technological field is constantly evolving, therefore CHANGES SHOULD BE EXPECTED for the good of all.
15. The Informational Subscription Member may NOT transfer or allow usage of his/her access information AND/OR informational product(s) to others, either for the purpose of discounted purchases or for retrieval of information. This includes but is not limited to posting links to the informational products on any website, discussion board, blog, chat, email, letter, flyer, public bulletin board, publication, etc.
16. Being an Informational Subscription Member is an honorary status, providing the Informational Subscription Member with rare access to the Technology in order to explore its boundaries and possibilities, and exchange his/her findings with other users of the Technology and the general public. It is permissible and agreeable to generate extra income selling the Technology to others or to voluntarily help others use the Technology. However, NO PART of the Technology, related written materials or information may be promoted or distributed in order to ridicule the Technology or to lower its public image or usability in any way, and such behaviour would result in immediate exclusion from access and participation, as well as possible legal action submitted against the offender. The Informational Subscription Member are charged with the responsibility of honourably representing the Technology, its users, and Vortices Dynamics, aka TheOldScientist.
17. No SPAM or any illegal or otherwise objectionable way to promote TheOldScientist, or its Informational Products, is permitted under any circumstances or geographical/Internet zone.
18. Full satisfaction is guaranteed. If you are not 100% satisfied with your subscription you can cancel at any time. Membership will expire immediately and subscription will be suspended.
19. COMMUNICATION. The Informational Subscription Member must provide Vortices Dynamics with a working email address by which contact can be made, for the purpose of delivery of access passwords, informational products, news and important updates. Vortices Dynamics retains the right to communicate back to any Informational Subscription Member and/or Visitor who has submitted a request for information. The Informational Subscription Member may request at any given time to be removed from further mailings.
20. PRIVACY will be strictly kept and the name, email, address and phone number of the Informational Subscription Member will never be given to a third party other than in the case of mandatory cooperation with law enforcement agencies.
21. VORTICES DYNAMICS EXPRESSLY WISHES TO HAVE ONLY SATISFIED MEMBERS. IF FOR ANY REASON YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OFFERED ABOVE, OR IF YOU HAVE DOUBTS OR RESERVATIONS REGARDING THE VALIDITY OF THE TECHNOLOGY, OR IF YOU ARE NOT WILLING TO TAKE THE RISKS AND RESPONSIBILITIES OF BEING AN EXPERIMENTER, DO NOT USE THIS TECHNOLOGY, WEB SITE OR INFORMATIONAL PRODUCT(S).
22. The headings of the terms and conditions contained herein are inserted for convenience or reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this agreement.
25. Copyright, Licenses and Idea Submissions.
The entire contents of the Site, e-Book and Program are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Vortices Dynamics or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site, e-Book or Program solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Vortices Dynamics a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Vortices Dynamics by all means and in any media now known or hereafter developed. You also grant Vortices Dynamics the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Vortices Dynamics for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Vortices Dynamics, aka TheOldScientist.
Publications, products, content or services referenced herein or on the Site, e-Book or Program are the exclusive trademarks or service marks of Vortices Dynamics. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
26. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Vortices Dynamics, Vortices Dynamics does not operate, control or endorse any information, products or services on the Internet in any way. Except for Vortices Dynamics – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Vortices Dynamics a. You also understand that Vortices Dynamics cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that 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 the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, E-BOOK, PROGRAM AND THE INTERNET. VORTICES DYNAMICS PROVIDES THE SITE, E-BOOK, PROGRAM AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Vortices Dynamics SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Vortices Dynamics DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL Vortices Dynamics BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Vortices Dynamics OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME COUNTIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Vortices Dynamics LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Vortices Dynamics makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Vortices Dynamics web site, please understand that it is independent from Vortices Dynamics, and that Vortices Dynamics has no control over the content on that web site. In addition, a link to a Vortices Dynamics web site does not mean that Vortices Dynamics endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Vortices Dynamics, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
28. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Vortices Dynamics and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Best efforts have been used to prepare the material presented on this Site, E-Book and Program. Vortices Dynamics and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service however do not warrant the results for the effectiveness of this information contained on this Site, E-Book and Program. Results vary due to individual efforts and factors. Vortices Dynamics may not be held liable, in any circumstance, for damages or loss, including but not limited to special or incidental cases.
By reading the information contained on this Site, E-Book and Program you agree that you understand that the content provided is for educational and entertainment purposes only. By reading the information found on this Site, E-Book and Program you agree that you will check, or do already understand, and will abide by all county, federal and local laws, rules, statutes, regulations and community standards in the use of this material. If necessary, you will seek proper legal or professional advice beforehand.
Vortices Dynamics uses PayPal as its payment processor, therefore all transactions are backed up by the official return policy of PayPal as the following. PayPal will, at its discretion, allow for the return or replacement of any defective product within 30 days from the date of purchase. For recurring billing products, returns for more than one payment may be provided if requested within the standard 30 day return period. After 30 days all sales are final.
This Agreement shall all be governed and construed in accordance with the laws of the United Kingdom applicable to agreements made and to be performed in the United Kingdom. You agree that any legal action or proceeding between Vortices Dynamics and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a county or state court of competent jurisdiction sitting in the United Kingdom. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Vortices Dynamics’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Vortices Dynamics may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.