Terms and Conditions

 

Brian Culp Consulting provides the website, culpconsulting.com. Brian Culp consulting also provides both outsourced and direct services, including web hosting, promotion, and programming. All services provided subject to compliance with the terms and conditions set forth below, regardless of whether they are outsourced or provided directly by Brian Culp Consulting. Under the terms of this agreement, your placement an order with Brian Culp Consulting is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place your order with Brian Culp Consulting.

1. Website Availability
This web site is owned and operated by Brian Culp Consulting. Access to the site is provided on a best effort basis, and at any time some or all of the site may be unavailable to some or all users. This may be due to technical difficulties, or other, deliberate means.

2. Website Accuracy
We attempt to minimize errors, viruses or other disabling events. However, some files on the web site may have been created in files or formats that are not error free, and we are not able to guarantee that the SPCP web site will not be interrupted or affected by this problem. Brian Culp Consulting cannot guarantee the content of the website, including out of date or innacurate information. We do not accept responsibility concerning any problem you may meet with as a result of using the web site.
Our site links to other Internet sites. We do not review sites that are linked to the site for their content. If you use a link that connects to another site, you do so at your own risk. We are not responsible for the content or any material you may come across after leaving the site by way of a hyperlink or by any other means.

3. Use of Information on the Website
You may retrieve and display the content from the Site on your monitor, print pages on paper, or store pages in a private electronic format on disk for your personal use. All such copies should be accompanied by this document.
Except as mentioned above, you may not reproduce, modify or commercially exploit the content obtained from the the web site.
If you would like an exception to the above, please contact us.

4. Web host user conduct
Web host services provided by Brian Culp Consulting may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Brian Culp Consulting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)

5. Indemnification
You agree to indemnify, defend, and hold harmless Brian Culp Consulting and the parties which provide services to Brian Culp Consulting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service or information which damages either you, Brian Culp Consulting, the parties which provide services to Brian Culp Consulting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with services provided by Brian Culp Consulting and its outsourced providers. Under no circumstances shall Brian Culp Consulting be held liable for more than the actual amount paid to Brian Culp Consulting for the actual services rendered during the period in dispute. At a maximum, that period shall not exceed three months.

6. Refusal or termination of services
Brian Culp Consultings reserves the right to refuse or terminate service to anyone at Brian Culp Consulting's sole discretion. Brian Culp Consulting may deny you access to all or part of the service without notice if you engage in any conduct or activities thatBrian Culp Consulting in its sole discretion believes violates any of the terms and conditions in this agreement. Brian Culp Consulting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such termination or lack of notification. You agree that Brian Culp Consulting has the right to monitor the service electronically or interactively from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its other customers or the customers of third party associates of Brian Culp Consulting. Brian Culp Consulting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

7. No Warranty
Brian Culp Consulting makes no warranty or representation of any kind for the services being offered or the content present on the website of Brian Culp Consulting or the websites of its affiliates. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Brian Culp Consulting or outsourced parties shall create a warranty. Brian Culp Consulting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Brian Culp Consulting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Brian Culp Consulting's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Brian Culp Consulting servers or on servers provided by outsourced affiliates of Brian Culp Consulting that such information becomes available to all Internet users and that Brian Culp Consulting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Brian Culp Consulting's servers or the servers provided by outsourced affiliates of Brian Culp Consulting and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Brian Culp Consulting or on the Internet generally.

We try to ensure that the information and content on the Site is correct and accurate. However, we don't accept liability for errors or omissions.

The content of the web site is for your information and use. Your specific needs might not be applicable to the information on the web site. Please understand that the content doesn't comprise any form of specific recommendation that you should rely on when making or refraining from making a decision.

Neither we, nor the original providers of the content, accept liability for direct, indirect, incidental or consequential loss of business, revenues, profits or special damages arising from publication of the content on the Site, use of the Site, or inability to use the Site.

Entering into any arrangement with third parties mentioned on this site is done at your own risk.

8. Notice of insecure communications
You agree that Brian Culp Consulting and its outsourced affiliates reserve the right to monitor any and all communications through or with their respective facilities. You agree that Brian Culp Consulting is not considered a "secure communications medium," and that no expectation of privacy is afforded. See also "The Electronic Privacy Act of 2000"

9. Identification Information
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Brian Culp Consulting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

10. Non-Interference with Operation of Systems or Services
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by Brian Culp Consulting, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Brian Culp Consulting. You agree to abide by any and all future Brian Culp Consulting policy decisions, as well as those of the outsourced affiliates of Brian Culp Consulting.

11. Security
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Brian Culp Consulting immediately in writing by registered mail, with return receipt, to Brian Culp Consulting, 19450 NE Deach Rd, Yamhill, Oregon 97148. You shall be held fully responsible for any misuse or compromise to your account for which Brian Culp Consulting is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of some services (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, Brian Culp Consulting or its outsourced affiliates have the right to suspend access to the account pending an investigation and resolution. You also agree that Brian Culp Consulting and its outsourced affiliates have the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

12. Backup of Data
Your use of the service is at your sole risk. Brian Culp Consulting and its outsourced affiliates are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the servers of Brian Culp Consulting and its outsourced affiliates.

13. Transmittal of Materials/Spam
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Brian Culp Consulting or any other service with reference to services obtained through Brian Culp Consulting, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Brian Culp Consulting, the affiliates of Brian Culp Consulting, or any other party or parties resulting from any such conduct.

14. Payment
You agree to supply appropriate payment for the services received from Brian Culp Consulting, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Brian Culp Consulting of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, and that Brian Culp Consulting may apply the amount due to the provided card at any time. Brian Culp Consulting agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination. Discounts for term agreements that are terminated early may reduce the refund.

15. Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with Brian Culp Consulting or any agent or representative thereof, and its affiliates, and constitutes the complete and total agreement between the parties.

16. Severability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

17. Applicable Law, Jurisdiction, and Service
This agreement shall be governed by the applicable laws of the State of Oregon, USA ("Oregon") and the United States of America. Customer agrees that all services provided by Brian Culp Consulting shall be deemed to have been requested and provided in Yamhill County, Oregon. Customer further agrees that the Court of Common Pleas of Yamhill County, Oregon, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by Brian Culp Consulting. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

18. Acknowledgement
By placing orders for service and continuing to maintain service or place information on the servers of Brian Culp Consulting or its outsourced affiliates, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.