Welcome to the www.melissabruce.com Website. The following terms and conditions govern all use of the website and all content, services and products available at or through the website. The Website is owned and operated by MB Performance Consulting. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MB Performance Consulting Privacy Policy) and procedures that may be published from time to time on this Site by MB Performance Consulting.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MB Performance Consulting, acceptance is expressly limited to these terms.
The content displayed on the website is for general information only. We reserve the right to change content without notice.
You use the information and materials on the website entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any information, service or products available on or through the website meet your specific requirements.
We may amend these terms and conditions by posting the amended terms on the Site. Unless otherwise stated, all amendments shall be effective immediately upon posting on the Site. You are responsible for regularly viewing the terms and conditions. Continued use of the web site after any such changes constitutes your consent to such changes. If at any time you choose not to accept these terms and conditions, you may not use this site.
By signing up for any Services, you agree to pay MB Performance Consulting the applicable fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. MB Performance Consulting reserves the right to change the payment terms and fees upon prior written notice to you.
By selecting a service, you agree to pay MB Performance Consulting the one-time and/or ongoing fees agreed to in relation to services rendered (additional payment terms may be included in other communications).
Responsibility of Website Visitors (Should this option become available…)
MB Performance Consulting has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MB Performance Consulting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MB Performance Consulting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.melissabruce.com links, and that link to www.melissabruce.com MB Performance Consulting does not have any control over those non MB Performance Consulting websites and webpages, and is not responsible for their contents or their use. By linking to a non MB Performance Consulting website or webpage, MB Performance Consulting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MB Performance Consulting disclaims any responsibility for any harm resulting from your use of non-MB Performance Consulting websites and webpages.
As MB Performance Consulting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MB Performance Consulting violates your copyright, you are encouraged to notify us. MB Performance Consulting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MB Performance Consulting will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MB Performance Consulting or others.
This Agreement does not transfer from MB Performance Consulting to you any MB Performance Consulting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MB Performance Consulting. MB Performance Consulting, www.melissabruce.com, the www.melissabruce.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.melissabruce.com, or MB Performance Consulting or the Website are trademarks or registered trademarks of MB Performance Consulting or MB Performance Consulting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MB Performance Consulting or third-party trademarks.
MB Performance Consulting reserves the right to display attribution links such as ‘Blog at www.melissabruce.com,’ theme author, and font attribution in your blog footer or toolbar.
MB Performance Consulting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MB Performance Consulting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MB Performance Consulting may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If we wish to terminate this Agreement or our www.melissabruce.com account, we may simply discontinue. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided by “MB Performance Consulting” and we hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. MB Performance Consulting makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Neither us nor any third parties provide any warranty or guarantee as to the accuracy, performance, suitability or currency of the information and materials displayed or offered on the website. Your browsing and use of the website acknowledges that such information and materials could contain errors and inaccuracies and we expressly exclude liability for any such inaccuracies or errors to the full extent of the law.
In no event will MB Performance Consulting be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MB Performance Consulting under this agreement during the period prior to the cause of action. MB Performance Consulting shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
We represent and warrant that (i) your use of the Website will be in strict accordance with the MB Performance Consulting Privacy Policy with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in our country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. We agree to indemnify and hold harmless MB Performance Consulting from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between MB Performance Consulting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MB Performance Consulting or by the posting by MB Performance Consulting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of NSW, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in NSW. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in NSW in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MB Performance Consulting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Client files will be kept for a minimum of seven years after which they may be destroyed. In the case of the death of the client or the Director of MB Performance Consulting unless advised otherwise, the files will be destroyed.
All suggestions, exercises, advice proposed by MB Performance Consulting are offered in the professional capacity and the client is fully responsible for deciding whether to act upon any of these suggestions and for the consequences of any action taken.
The copyright in any report, document, information, idea, performance routine prepared by MB Performance Consulting, shall remain the property of the consultant unless expressly agreed otherwise.
The parties hereby agree that this Agreement and the provisions hereof shall be construed in accordance with the Laws of New South Wales.