GUTSY NOMAD WEBSITE TERMS AND CONDITIONS

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This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of the Gutsy Nomad 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.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Gutsy Nomad’s use of your information and cookies in accordance with the terms of Gutsy Nomad’s privacy policy and cookies policy.

License to use website

Unless otherwise stated, Gutsy Nomad and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

By using this website, including watching video, listening to audio or consuming and/or using any form of media contained in or on this website, and agreeing to these terms and conditions, you consent to the copyright notice set by Gutsy Nomad.

You may view, download for caching purposes only, and print pages, audio or video from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

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;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use 

You must 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.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or unlawful computer software.

You must 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 Brand Ginger’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Brand Ginger’s express written consent.

Restricted access

Access to certain areas of this website is restricted.  Gutsy Nomad reserves the right to restrict access to other areas of this website, or indeed this entire website, at Gutsy Nomad’s discretion.

If Gutsy Nomad provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.   

Gutsy Nomad may disable your user ID and password in Gutsy Nomad’s sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Gutsy Nomad 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, Gutsy Nomad 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.

No publications, no audio productions, no video productions or any other content on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Gutsy Nomad will not be liable to you (whether under the law of contact, the law of torts or otherwise) 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, 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 Gutsy Nomad has been expressly advised of the potential loss.

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 Gutsy Nomad liability in respect of any:

  • death or personal injury caused by Gutsy Nomad’s negligence;
  • fraud or fraudulent misrepresentation on the part of Gutsy Nomad; or
  • matter which it would be illegal or unlawful for Gutsy Nomad 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 reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Gutsy Nomad has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Gutsy Nomad’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Gutsy Nomad’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Gutsy Nomad.

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 Gutsy Nomad and undertake to keep Gutsy Nomad indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Gutsy Nomad to a third party in settlement of a claim or dispute on the advice of Gutsy Nomad's legal advisers) incurred or suffered by Gutsy Nomad 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 Gutsy Nomad’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Gutsy Nomad may take such action as Gutsy Nomad 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.

Variation

Gutsy Nomad may revise these terms and conditions from time-to-time.  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

Gutsy Nomad may transfer, sub-contract or otherwise deal with Gutsy Nomad’s 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. 

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 Gutsy Nomad’s privacy policy and Gutsy Nomad’s cookie policy, constitute the entire agreement between you and Gutsy Nomad in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Nevada, United States of America (U.S.A.) and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Nevada, U.S.A..

GUTSY NOMAD PRIVACY POLICY

Your privacy is important to Gutsy Nomad. This privacy policy provides information about the personal information that Gutsy Nomad collects, and the ways in which Gutsy Nomad uses that personal information.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Personal information collection

Gutsy Nomad may collect and use the following kinds of personal information:

  • information about your use of this website (please read Gutsy Nomad’s cookie policy);

  • information that you provide using for the purpose of registering with the website (including your name, address, telephone number, e-mail address or other personal contact information);

  • information about transactions carried out over this website (including your name, address, telephone number, e-mail address or other personal contact information);

  • information that you provide for the purpose of subscribing to the website services (including your name, address, telephone number, e-mail address or other personal contact information); and

  • any other information that you send to Gutsy Nomad. 

Using personal information

Gutsy Nomad may use your personal information to:

  • administer this website;

  • personalize the website for you;

  • enable your access to and use of the website services;

  • publish information about you on the website;

  • send to you products that you purchase;

  • supply to you services that you purchase;

  • send to you statements and invoices;

  • collect payments from you; and

  • send you marketing communications.

Where Gutsy Nomad discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Gutsy Nomad may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

Gutsy Nomad will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. 

Information relating to electronic transactions entered into via this website will be protected by encryption technology. 

Cross-border data transfers

Information that Gutsy Nomad collects may be stored and processed in and transferred between any of the countries in which Gutsy Nomad operates to enable the use of the information in accordance with this privacy policy. 

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

Gutsy Nomad may update this privacy policy by posting a new version on this website. 

You should check this page occasionally to ensure you are familiar with any changes. 

Other websites

This website contains links to other websites. 

Gutsy Nomad is not responsible for the privacy policies or practices of any third party.

Contact Gutsy Nomad

If you have any questions about this privacy policy or Gutsy Nomad’s treatment of your personal information, please write:

  • by electronic mail to info@gutsynomad.com; or

  • by post to 4842 Edmonds Road, North Rose, NY, 14516, U.S.A.

GUTSY NOMAD COOKIE POLICY

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

About cookies

This website uses cookies.  By using this website and agreeing to this policy, you consent to Gutsy Nomad's use of cookies in accordance with the terms of this policy.

Cookies are files sent by web servers to web browsers, and stored by the web browsers.

The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers. 

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Cookies on Gutsy Nomad's website

Gutsy Nomad uses the following cookies on this website, for the following purposes:

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Third party cookies

When you use this website, you may also be sent the following third party cookies, which may be used for the following purposes:

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Refusing cookies

Most browsers allow you to refuse to accept cookies. 

Please refer to your browsers “Help” section or file to learn how to block/reject/refuse cookies.

Blocking cookies will have a negative impact upon the usability of some websites.

GUTSY NOMAD COPYRIGHT NOTICE 

Copyright ©2018 Gutsy Nomad

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com. 

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Gutsy Nomad and its licensors.

Copyright license

Gutsy Nomad grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

Gutsy Nomad does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Gutsy Nomad’s prior express written permission.  

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing by electronic mail to info@gutsynomad.com or writing by post to 4842 Edmonds Road, North Rose, NY, 14516, U.S.A..

Enforcement of copyright

Gutsy Nomad takes the protection of its copyright very seriously.

If Gutsy Nomad discovers that you have used its copyright materials in contravention of the license above, Gutsy Nomad may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Gutsy Nomad’s copyright materials that contravenes or may contravene the license above, please report this by electronic mail to info@gutsynomad.com or by post to 4842 Edmonds Road, North Rose, NY, 14516, U.S.A..

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by electronic mail to info@brandginger.com or by post to 4842 Edmonds Road, North Rose, NY, 14516, U.S.A..