Terms & Conditions
Last Modified: March 25, 2024
David Sherwin maintains this website, any online resources offered, and other linked and related sites (the “Site”) for the use of his clients, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms & Conditions or Terms or Use.” If you do not agree to these terms, do not use this Site.
General Conditions of Use - Use of Site
David Sherwin provides various products that are used to help businesses grow.
Electronic Communications
Visiting the Site, sending emails to the Site, or texting to the site constitutes electronic communications. You consent to receive electronic communications and you agree to receive any agreements, notices, disclosures, and other communications that David provides to you electronically, via email or text on the Site.
Geographic location
You, as a User, are authorized to view or download our materials from this Site while inside or outside of the US.
Third Party Resources
David Sherwin may provide you with access to, and you may choose to use, third party resources as part of the Site. David Sherwin neither monitors nor has any control or input on third party resources. You acknowledge and agree that David Sherwin provides access to such resources ‘as is’ without any warranties, representations, or conditions of any kind and without any endorsement. David Sherwin shall have no liability whatsoever arising from or relating to your use of optional third-party resources. Any use by you of third-party services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which resources are provided by the relevant third-party provider(s).
User Warranty
As a User you warrant that you understand that our Site is used for the purpose of general business support.
No Warranty
The Site is provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. David Sherwin further does not warrant the accuracy and completeness of the information on this Site. David Sherwin may make changes to the information on this Site, or to the services and prices described in them, at any time without notice. The Site may be out of date, and David Sherwin makes no commitment to update the Site. Additional conditions apply to your use of the Site:
You are responsible for the conduct on your Account You must ensure that you do NOT:
1. use the Site for any illegal or unauthorized purpose nor may you, in your use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws)
2. reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site without our express written permission;
3. misuse the Site by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions we provide;
4. purchase search engine or other pay per click keywords, or domain names that use David Sherwin or David Sherwin’s trademarks and/or variations and misspellings thereof;
5. circumvent or attempt to circumvent any limitations imposed on your account;
6. probe, scan, or test the vulnerability of any David Sherwin system or network, unless we have given you prior written authorization;
7. decipher, decompile, disassemble, translate, create derivative works, reverse engineer, or otherwise attempt to reconstruct, identify, or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;
10. transmit any viruses, malware, or other types of malicious software, or links to such software, through the Site;
11. use the Site to commit any unlawful activity;
12. attempt to circumvent any license, timing or use restrictions that are built into the Site; or
13. lend, resell, lease or sublicense or otherwise use the Site for the benefit of a third party, unless we have given you prior written authorization
Account Terms For David Sherwin, you agree to the following terms relating to your account: ·
-At minimum, you must provide your first name, last name, and a valid email address. Other information may be needed for certain areas of the Site that includes mailing address, cell phone number, and other personal questions. '
-You are responsible for ensuring that your registration information is true, accurate and complete. ·
-You acknowledge that David Sherwin will use the email address you provide as the primary method for communication.
-You are responsible for keeping your password secure. David Sherwin cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
-You are responsible for all activity generated from your account.
-A breach or violation of any term in the Terms of Use as determined in the sole discretion of David Sherwin may result in an immediate termination of your Services.
Account Activation
The person signing up for the Site will be the “Account Owner” for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Site. If you are signing up for the Site on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Use.
David Sherwin’s Payments Platform.
David Sherwin offers access to a Payment Platform (the “Platform”) through which you may process payments/donations to us. We use a third-party payment processor and platform provider called Stripe and Captivation Hub (the “Provider”) to facilitate David Sherwin’s Payments. We reserve the right to change the Provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate David Sherwin Payments service to another Provider.
Settlement of Transactions.
1. We will deposit the amounts received by us submitted through the Platform into our designated bank account or by any other means that we may make available.
2. You are responsible for monitoring your transactions and ensuring that our payments/donations are correct. You must notify us of any errors in payments/donations made by you to us.
David Sherwin’s Rights -The following are David Sherwin’s rights in regard to the Site and these Terms of Use: ·
-He reserve's the right to modify or terminate the Site for any reason, without notice at any time.
-He reserve the right to refuse our Site to anyone for any reason at any time.
-He may, but have no obligation to, remove content or suspend an Account Owner’s access to the Site if they violate these Terms of Use.
-Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any David Sherwin client, employee, member, or volunteer may result in immediate account termination.
-He reserve the right to provide our Site to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that David Sherwin employees and contractors may also be David Sherwin’s clients/experts and that they may compete with you, although they may not use your confidential information in doing so.
-In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership.
-David Sherwin retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If he is unable to reasonably determine the rightful Account Owner, David Sherwin reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
Modifications to the Services
-David Sherwin reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice.
-David Sherwin shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Changes to Terms
-David Sherwin reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. David Sherwin encourages you to periodically review the Terms to stay informed of our updates.
Waiver and Complete Agreement
The failure of David Sherwin to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and David Sherwin and govern your use of the Site, superseding any prior agreements between you and David Sherwin (including, but not limited to, any prior versions of the Terms of Use).
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAVID SHERWIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL DAVID SHERWIN BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THIS AGREEMENT (HOWEVER ARISING INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) DAVID SHERWIN HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. ·
Your use of the Site is at your sole risk. The Site is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. ·David Sherwin does not warrant that the Site will be uninterrupted, timely, secure, or error-free. ·David Sherwin does not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. · David Sherwin does not warrant that the quality of the Site will meet your expectations, or that any errors in the Services will be corrected.
Customer Content
We do not claim any intellectual property rights over the material you provide to us through the Site. All material you send to us remains yours. By sending us Content, you agree: (a) to provide David Sherwin the right to store your Content: (b) to allow other authorized users to view your Content; and (c) that David Sherwin can, at any time, review all the Content submitted by you to the Site. ·You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain Content submitted to or through the Site to determine whether it is illegal or whether it violates these Terms of Use.
Cancellation and Termination
You may cancel your account at any time by emailing us at [email protected]. We reserve the right to modify or terminate the Site or your Account for any reason, without notice at any time. Fraud: Without limiting any other remedies, David Sherwin may prevent you from creating an account or suspend or terminate any account that you create if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Languages
The parties have agreed that this arrangement will be established and all related documents be written in English.
Applicable Law
The Terms of Use are governed by the laws of the United States of America. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. David Sherwin may assign its rights and duties under the Terms of Use without notice to any party at any time.
Effective Date and Updates
The Terms are effective as of March 25, 2024, and are subject to change without notice by David Sherwin at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
Contact Us
David Sherwin welcomes your questions or comments regarding the Terms: Email: [email protected]