TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website and should exit immediately.

By continuing to use this website (www.vicwilliams.net / www.theaudaciouscompany.com) you accept and agree to abide by these terms and conditions and you warrant that you are at least 18 years old.

As this website uses cookies, by using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.

Use of the website

Unless otherwise stated, The Audacious Training Company and Victor Williams own all rights, including all the intellectual property rights (implicate and explicate, whether implied or real), in the website and material displayed, advertised and sold on this website. All rights, including intellectual property rights are reserved by The Audacious Training Company and Victor Williams.

You may view, download for caching purposes only and print pages, PDF’s and videos from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions and on the website.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose without prior written permission being granted;
• edit or otherwise modify or attempt to modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution to you personally for this purpose)

Only written consent will always content to be made specifically available for redistribution and may only be distributed in accordance with the agreed consent restrictions. General consent may be granted on the website relating to specific content for further public distribution.

Acceptable use

You must not nor may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity nor may you use this website to transmit or send unsolicited private or commercial communications.

You must not nor may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or are linked to) in anyway any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software nor may you use this website for any purposes related to marketing without in anyway, whether written, voice, video or any other format.

You must not nor may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent of The Audacious Training Company Ltd and Victor Williams.

Restricted access

Access to certain areas of this website is restricted and The Audacious Training Company reserves the right to restrict access to any other areas of this website, or indeed this entire website, at its discretion, with or without notice or warning.

Should The Audacious Training Company or Victor Williams provide you with a user ID and password which enables you to access the restricted areas of this website or other content or services, you have an implied, whether written or not, responsibility ensure that the user ID and password are kept safe and confidential.

At its discretion and subject to conditions listed below, The Audacious Training may disable your user ID and password without notice or explanation.

• Non-payment as agreed;
• Abuse of the website, other users of the website, the company, its employees or any other abuse which may occur from time to time;
• Violation of the terms and conditions of use as laid out herein;
• Non-disclosure of relevant information which may have prohibited your use of this website;
• Comments which are deemed to be racist, sexist, party political, violent, anti-social, anti-Christian or the like.

User content

In these terms and conditions, “your user content” (or any words of such effect) means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to The Audacious Training Company and Victor Williams a worldwide, irrevocable, non-exclusive, royalty-free license and right to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. Due to the online nature of content and the ‘forever’ nature of the world-wide web, there shall be no time limit nor restriction to this use and licence. You also grant to The Audacious Training Company and Victor Williams the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Audacious Training Company and Victor Williams or a third party (in each case under any applicable law).

Under no circumstance may you submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Audacious Training Company and Victor Williams reserves the right to delete, edit or remove any material submitted to this website, or stored on The Audacious Training Company and Victor Williams servers, or hosted or published on this website or on any related websites.

Notwithstanding The Audacious Training Company and Victor Williams rights under these terms and conditions in relation to user content, The Audacious Training Company and Victor Williams does not undertake to monitor the submission of such content to, or the publication of such content on, this website whether legally or illegally.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The Audacious Training Company and Victor Williams makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, The Audacious Training Company and Victor Williams does not warrant that:

 this website will be constantly available, or available at all; or
 the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. Should you require advice in relation to any legal, financial mental or medical matter you should consult an appropriate professional and The Audacious Training Company and Victor Williams will not be held responsible for such advice.

Limitations of liability

The Audacious Training Company and Victor Williams will not be liable to you (whether under the law of contact, the law of torts or otherwise irrespective of jurisdiction or country) in relation to the contents of, or use of, or otherwise in connection with, this website:

 to the extent that the website is provided free-of-charge or paid-for, for any direct loss;
 for any indirect, special or consequential loss; or
 for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Audacious Training Company and Victor Williams has been expressly advised of the potential loss in the future.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Audacious Training Company and Victor Williams liability in respect of any:

 death or personal injury caused by The Audacious Training Company and Victor Williams negligence;
 fraud or fraudulent misrepresentation on the part of The Audacious Training Company and Victor Williams; or
 matter which it would be illegal or unlawful for The Audacious Training Company and Victor Williams to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are fair and reasonable irrespective of jurisdiction or country.

If you do not think they are reasonable, you must not use this website and must exit immediately as continued use of the website, its contents or any other affiliation with The Audacious Training Company and Victor Williams constitutes acceptance of the fair and reasonable nature of these terms and conditions.

Other parties

You accept that, as a limited liability entity, The Audacious Training Company and Victor Williams has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Audacious Training Company and Victor Williams officers or employees in respect of any losses you suffer in connection with the website, irrespective of jurisdiction or country.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Audacious Training Company and Victor Williams officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Audacious Training Company and Victor Williams irrespective of jurisdiction or country.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify The Audacious Training Company and Victor Williams and officers of the company and undertake to keep The Audacious Training Company and Victor Williams and officers of the company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Audacious Training Company and Victor Williams to a third party in settlement of a claim or dispute on the advice of The Audacious Training Company and Victor Williams legal advisers incurred or suffered by The Audacious Training Company and Victor Williams arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to The Audacious Training Company and Victor Williams other rights under these terms and conditions, if you breach these terms and conditions in any way, The Audacious Training Company and Victor Williams may take such action as The Audacious Training Company and Victor Williams or the offers of The Audacious Training Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you or in any other way restrict access.

Variation

The Audacious Training Company and Victor Williams may revise these terms and conditions from time-to-time as required by law or as a matter of business. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Audacious Training Company and Victor Williams may transfer, sub-contract or otherwise deal with The Audacious Training Company and Victor Williams rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions in any way or format.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Cookie policy and Privacy Policy constitute the entire agreement between you and The Audacious Training Company and Victor Williams in relation to your use of this website and its contents, and supersede all previous agreements in respect of your use of this website, whether written or implied.

Law and jurisdiction

These terms of use and all questions of construction, interpretation, validity and performance under these terms including non-contractual disputes or claims shall be governed by English law and subject to the exclusive jurisdiction of the English courts.

General

Nothing in these terms of use is intended to nor shall it confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The Audacious Training Company or Victor Williams failure or delay to exercise or enforce any right in these terms of use does not waive The Audacious Training Company and Victor Williams right to enforce that right.

If any of these terms of use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these terms of use are intended to be effective, then to the extent and within that jurisdiction in which that term of use is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms of use shall survive and remain in full force and effect and continue to be binding and enforceable.

Contact details

The Audacious Training Company
Queensgate House
48 Queens Street
Exeter
EX4 3SR
www.vicwilliams.net
www.theaudaciouscompany.com

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