Terms of Use
Introduction
Welcome to Garbrook.com, the website of Garbrook Knowledge Resources, Inc. (“Garbrook”). Garbrook provides content on this website subject to the terms and conditions included in these Terms of Use and our Privacy Policy. Please read these Terms of Use carefully. By visiting or using this website, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws.
Privacy
Please review our Privacy Policy, which also applies to your visit to, and use of, this website and describes Garbrook’s practices and policies related to the collection, use, and storage of information about users of this website.
Ownership and Copyright
This Garbrook.com website is owned and operated by Garbrook. All content and functionality on this website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Garbrook or its licensors and is protected by United States and international copyright laws.
Trademarks
The trademarks, service marks, trade dress, designs, and logos (collectively, "Trademarks") displayed on this website are the registered and unregistered Trademarks of Garbrook and its licensors. You agree that without the prior written permission of Garbrook, you will not (i) refer to or attribute any information to Garbrook or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party, or (ii) use or reproduce any Trademark of, or imply any endorsement by or relationship with, Garbrook or its licensors. Nothing on this website or in these Terms of Use should be construed as any license or right to use any Trademarks displayed on this website without the express written permission of Garbrook or the owner of such Trademark.
Use of Content
Garbrook hereby grants you a non-exclusive, non-transferable and revocable license to access and download, display, electronically copy and print any of the content and functionality displayed on this website (the “Content”) on any single computer solely for your personal or internal business use, provided that you do not modify the Content in any way and that you retain all copyright and other proprietary notices displayed on the Content. You agree that you will not (i) reproduce, publish, transmit, distribute, or commercially exploit in any way any of the Content, (ii) modify or create derivative works from the Content, (iii) use any of the Content in any public display, performance, sale or rental, (iv) decompile, reverse engineer, or disassemble the Content, or (v) remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use any this website in any manner that may be harmful to the operation of this website or the Content.
Notice of Infringement
Garbrook prohibits the posting of any content on this website that infringes or violates the copyright or other intellectual property right (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this website, please write to us at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the content on this website that you request be removed, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right you believe to be infringed, and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner. Garbrook will remove any content on this website that infringes the copyright or other intellectual property right of any person under United States law upon receipt of such a statement. Statements of infringement under this section should be submitted to Chief Executive Officer, Garbrook Knowledge Resources, Inc., P.O. Box 5533, Beverly, MA 01915.
Third-Party Web Sites
This website may contain links to web sites that are not maintained by Garbrook. We try to include links to only websites which are in good taste and safe for users of this website, but we are not responsible for the content or accuracy of any website other than this website, and we cannot guarantee that any such third party’s website will not change without our knowledge. The inclusion of a link to a third party’s website in this website does not imply Garbrook’s endorsement of that third party’s website. If you use any link on this website to access a third party’s website, you do so at your own risk and subject to the terms of use and privacy policies, if any, of that website.
Disclaimers
This website is operated by Garbrook from its offices in Massachusetts. Users who access this website from other locations are responsible for compliance with applicable local law.
THE CONTENT AND FUNCTIONALITY ON THIS WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT GARBROOK IS NOT THEREBY ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GARBROOK AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. GARBROOK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON ANY LINKED WEBSITE, CONTAINED IN ANY CONTENT PUBLISHED ON THIS WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER GARBROOK NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
The disclaimers above apply to any damages or injury caused by any failure of 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, tort, negligence, or under any other cause of action. You also acknowledge that Garbrook is not liable for defamatory, offensive, infringing or illegal materials or conduct by you or any third party.
Indemnity
You agree to defend, indemnify, and hold harmless Garbrook and its officers, directors, stockholders, affiliates, employees, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising from your use of this website.
Comments and Suggestions
We appreciate hearing from users of this website and welcome your comments and suggestions regarding this website, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion. If you do submit a comment or suggestion, our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you send to Garbrook will become the property of Garbrook and will not be subject to any obligation of confidentiality on the part of Garbrook. Garbrook is entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
Applicable Law
By visiting this website, you agree that the law of The Commonwealth of Massachusetts, without regard to its principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Garbrook relating to this website or your use of this website. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Garbrook relating to your access to, and use of, this website.
Modifications
Garbrook reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit this website, your visit to and use of this website will be subject to and bound by the then current version of this Terms of Use.
Last Updated: October 16, 2007.