TERMS OF USE
Lombaard Executive Coaching (PTY, Ltd.) (t/a “Strengthsynergy”), the www.Strenghtsynergy.co.za and www.strengthsynergy-usa.com website (the “Site”) and any services via this Site are provided subject to the terms set forth herein.
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These Terms of Use (this “Agreement” or these “Terms of Use”), which is a legal agreement between you (“You” or “you”) and StrengthSynergy, shall govern Your use of and access to the Site. By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content to the Site or simply by making any use of the Site, You
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(a) accept this Agreement and agree to be bound by each of its terms, and
(b) represent and warrant to StrengthSynergy that
(i) You are of age and have the authority to enter into this Agreement,
(ii) this Agreement is binding and enforceable against You,
(iii) to the extent an individual is accepting this Agreement on behalf of an entity, such an individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and
(iv) You have read and understood StrengthSynergy’s Privacy Policy, the terms of which are posted at the Site and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy.
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StrengthSynergy reserves the right to make changes to the Sites or these Terms of Use at any time. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following the posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use. You should check the Site regularly to ensure You remain current on the terms and agreements set forth herein.
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USE OF THE SITES
The Sites may include information regarding StrengthSynergy and its services, as well as publications presentations and other materials proprietary to StrengthSynergy, and links to its customers or other third-party websites. You may download, view, copy and print information, materials and any other aspect of the Site
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(i) solely for your personal, informational purposes, and
(ii) provided that neither the materials nor any proprietary notices or disclaimers therein are modified or altered.
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You agree you will not interfere, in any way, with others’ use of or access to the Sites and will not attempt to gain unauthorized access to the account or computer system of any other Site user. You further agree not to take any other action in connection with your use of the Sites, which violates any treaty, law or regulation, and to fully comply with all applicable treaties, laws and regulations in your use of the Site.
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You agree to access the Sites through a web browser, and specifically agree not to use any third-party applications to access the Sites or any other page of the Sites. In addition, you agree not to access or attempt to access any password-protected portions of the Sites without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools. You further agree that you will not use any robot, spider or another automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
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Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of StrengthSynergy in each instance. In addition, you agree not to link to any page of the Site other than the home page located at https://www.strengthsynergy.co.za or www.strengthsynergy-usa.com.
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UNAUTHORIZED USE OF THE SITES
You shall not use the Sites to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, “Posted Information”):
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(a) in violation of any applicable law, statute, ordinance or regulation;
(b) in a manner that will infringe the intellectual property rights of others;
(c) that is defamatory, obscene or trade libellous;
(d) that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(e) that is false, misleading or inaccurate in any way; or
(f) in violation of any acceptable use policy or other policy posted at the Sites from time to time.
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StrengthSynergy reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Sites, including but not limited to: unauthorized access to the Sites through a third-party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Sites; an action that imposes an unreasonable load on the Sites; or any link to any page of the Sites other than the home page. StrengthSynergy’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of these Terms of Use or StrengthSynergy’s legal rights.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly agree that your use of the sites, and any information, content, services and materials contained in, accessed via, or described on the site, is at your own risk and that all such information, content, services and materials are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, StrengthSynergy makes no, and hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the site and/or the information, content, materials or services on or accessed via the site, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, StrengthSynergy does not represent or warrant that the information accessible via the site is accurate, complete, or current, and is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the site. Further, StrengthSynergy makes no representations and warranties that the site will be uninterrupted, secure, or free of errors, viruses, or other harmful components.
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In no event shall StrengthSynergy or its affiliates, or the directors, officers, employees, agents, equity holders or representatives of StrengthSynergy or its affiliates (the “StrengthSynergy parties”) be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the site or any information, content, materials or services available thereon (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. In any event, StrengthSynergy’s will not be a liability to you for any claim arising hereunder or related hereto.
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INDEMNIFICATION
You agree to indemnify and hold the StrengthSynergy Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with:
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(i) use of the Sites or any content, information, materials or services contained, displayed or available therein by you or any other person accessing the Sites under any password, user ID or other access method assigned to you;
(ii) your violation of these Terms of Use; or
(iii) your violation of any rights of any third party.
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TRADEMARKS AND COPYRIGHTS
The “StrengthSynergy” word name and logo, the “StrengthSynergy” word name and certain other trademarks displayed on our Site are the proprietary service marks or trademarks of StrengthSynergy or its licensors (“Strengthsynergy Marks”). StrengthSynergy Marks may not be used in connection with any product or service that is not StrengthSynergy’s, in any manner that is likely to cause confusion among consumers or to disparage or discredit Strengthsynergy.
All other trademarks and service marks not owned by StrengthSynergy or its licensors that appear on this Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by StrengthSynergy. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.
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All content on the Sites, including, but not limited to, works of authorship, publications, presentations, directories, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on the Site are the property of StrengthSynergy or its licensors and are protected by South African and United Staes of America -, and international copyright and other intellectual property laws.
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In exchange for Your use of the Sites, You hereby grant to StrengthSynergy an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post to the Sites or submit to StrengthSynergy, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You also irrevocably grant the users of the Sites the right to access and review Your Posted Information in connection with their use of the Sites.
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Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary rights of StrengthSynergy or any other person.
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LINKS TO THIRD PARTY SITES/THIRD PARTY ADVERTISEMENTS
You acknowledge that, from time to time, StrengthSynergy may provide links to the websites of third parties. StrengthSynergy is not responsible for the content of any linked site, which is not owned by Strengthsynergy, or any link contained in a linked site. The display of any link to a third-party website does not imply endorsement by StrengthSynergy of the linked site or any information or content therein.
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In no event will StrengthSynergy be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the sites, or any products, services or other materials relating to any such advertisement, any linked third-party site, or any link contained in a linked site.