www.willkeiper.com
Terms and Conditions of Use
Please read these terms and conditions carefully. By accessing this www.willkeiper.com Website you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an “agreement” herein). Your agreement shown by accessing and using this Web site is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, please do not access this Web site. Will Keiper and his affiliates (referred to as “us” or “we”) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this Web site constitutes your continuing agreement to all of these terms and conditions.
General Information
Will Keiper is an individual who provides advisory and other management services and is an author and speaker. This Web site comprises various Web sites and pages operated by him and his affiliates, including FirstGlobal® Partners LLC, and the information contained therein (together, the “Web site”). We may terminate your access to the Web site or any part of it at any time with or without notice, in our sole discretion. You may not attempt to gain unauthorized access to the Web site, or computer systems or networks connected to the Web site, through hacking, password or data mining, or any other means to circumvent security procedures. You may not use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Web site and then only as authorized by the license we provide to you below under “Proprietary Rights”. Unauthorized use of our Web site and systems, including but not limited to unauthorized entry into the Will Keiper and FirstGlobal® Partners LLC computer networks and systems, or misuse of a password, is strictly prohibited. “Unauthorized use” includes using the publicly available information for purposes which are not authorized by this agreement, or not consistent with the license set out below in the section titled “Proprietary Rights.” You may not use the Web site in any manner that could damage, disable, overburden, or impair the Web site or any service we provide, or interfere with any other party’s use and enjoyment of the Web site or any service we provide. You are to ensure that any information you provide to us through the Web site is correct and complete. The information and materials on the Web site may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Web site and to suspend or deny access to the Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.
Privacy Policy
Your privacy is important to us. We believe that keeping your information confidential is a fundamental part of doing business together. We will not share information about individual users with any third party, except to comply with applicable law or to protect the personal safety of our users or the public. The information we may collect from you is dependent upon the types of information and services you are requesting. Although all data collected is for our internal use only we do not want to receive and request that you not send any confidential or proprietary information through our Website. Please note that any and all information or material sent to us through the Website will be deemed not to be confidential.
We take all reasonable measures to ensure that your privacy is fully protected under the law. We maintain physical, electronic, and procedural safeguards that comply with applicable law and regulations and that are designed to address the privacy of your nonpublic information. Only authorized individuals have access to your information in order to provide services to you and for other reasons which may be required by law. If we decide to change our privacy policy, we will post any such changes on this page. Your agreement to these terms and conditions includes an agreement to our Privacy Policy.
Proprietary Rights
All right, title and interest in the Web site and the information contained within it, is our exclusive property, except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or otherwise use in whole or in any part of the Web site, except for the purposes expressly provided herein, without our express prior written approval. If you download any information or software from the Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You have a limited, personal, non-transferable, non-exclusive license to view and copy the publicly accessible information on this Website for your personal noncommercial use. You are not permitted to resell or transfer any information obtained from this Web site to anyone else. This license can be terminated by us at any time, at which time you must destroy all copies of the licensed materials. This license is conditioned on your continued adherence to all the terms of this agreement.
The names of other companies and third-party products or services mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purposes, including but not limited to use as meta tags on other sites on the World Wide Web without our express prior written permission or that of the third-party which owns the marks. We respect the intellectual property of others and ask that our users do the same. It is our intent to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
Use of Links
This Web site may contain links to and be linked from third-party Web sites. These links are provided only as a convenience and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any third-party Web site. We are not responsible for the information contained on that site or your use of or inability to use a third-party Web site. If you choose to connect to a third-party Web site, we make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of our Website.
Notices
Our notices to you may include notice of important changes to this agreement. We may send any notice to any address you provide, including email addresses, so it is important that all such information you provide to us is accurate.
Indemnification
You hereby indemnify and hold harmless Will Keiper, FirstGlobal® Partners LLC and his directors, officers, employees, affiliates, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney’s and expert’s fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the Web site; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the Web site by you in violation of any rights of William Keiper or any third-party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the Web site by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the Web site to any computer system.
Disclaimers of Warranty
THE INFORMATION AND SERVICES ON THE WEB SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK. WE AND OUR AFFILIATES, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS WEB SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (i) THE USE OF OR THE RESULTS OF ACCESS TO THE WEB SITE OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEB SITE, OR (ii) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEB SITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE WEB SITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEB SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.
Limitations of Liability
WILL KEIPER AND HIS AFFILIATES, AGENTS AND LICENSORS (INCLUDING FIRSTGLOBAL® PARTNERS LLC) SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (i) YOUR ACCESS TO OR USE OF THE WEB SITE OR ANY RELIANCE BY YOU ON THE WEB SITE, OR INABILITY TO ACCESS THE WEB SITE, (ii) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (iii) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEB SITE, (iv) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (v) ANY OTHER REASON. IN ANY EVENT, OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN $500.00 U.S. DOLLARS.
Choice of Law and Personal Jurisdiction; Jury Trial Waiver
This Web site is created and controlled by us in the U.S.A. The laws of the United States will govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN AN APPROPRIATE COUNTY AND STATE OF THE UNITED STATES AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Effective Date: August 1, 2023
Other Terms
No waiver, modification or amendment of any of these terms and conditions shall be effective against Will Keiper and his affiliates (including FirstGlobal® Partners LLC) unless it is in writing and signed by Will Keiper. We do not waive any power or right under this agreement even if we do not insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement. All rights and remedies given to Will Keiper in these terms and conditions are cumulative and not exclusive of any other rights or remedies which he or his affiliates otherwise has at law or equity.ve
These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns. These terms and conditions and your rights and obligations hereunder may not be assigned by you without the express prior written permission of Will Keiper and shall inure to his benefit and that of his successors and assigns whether by merger, consolidation or otherwise. Will Keiper may assign this agreement or any of its rights or obligations under these terms and conditions.
Any cause of action you may have with respect to your use of the Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings.
Full and Complete Agreement Regarding Web Site
If any of the foregoing is not fully enforceable for any reason, the remaining terms and conditions shall nonetheless continue to apply. These terms and conditions represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the Web site, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and Will Keiper governing the conduct of your relationship with Will Keiper and his affiliates (including FirstGlobal® Partners LLC).
