Timothy M Buchanan

Terms of Use

Acceptance of Terms of Use

These Terms of Use constitute the entire agreement between the USER and the OWNER.
 Each time USER accesses the WEBSITE and/or the WORKS, USER agrees to be bound by these Terms of Use and OWNER'S Privacy Policy, as may be amended from time to time with or without notice to USER. OWNER reserves the right to update or modify these Terms of Use at any time without prior notice. USER’S use of this WEBSITE or access to WORKS following any such change constitutes USER’S agreement to follow and be bound by the Terms of Use, as amended. USER is encouraged to review the Terms of Use whenever USER uses this WEBSITE and/or accesses WORKS.
 Any corporation and/or employer accessing the WEBSITE or the WORKS is responsible for ensuring that all of its employees and agents comply with these Terms of Use.
 Copyright Notice
 The copyright law of the United States (Title 17 of the United States Code) governs the making of photocopies or other reproductions of copyrighted material. The making of an electronic copy of a copyrighted work by any means (e.g., scanning, digitizing, ripping, forwarding electronically, etc.) constitutes reproduction that is governed by copyright law.
 All WORKS in all FORMATS including all original works of authorship are owned and copyrighted by the OWNER whether or not they individually bear the copyright notice: “copyright © [year] by Communicate Forward, Inc.” or “copyright © [year] by Tim Buchanan.”
 OWNER owns both the intangible property right as well as the material objects in which the copyrighted work is embodied. The entire content of this WEBSITE and/or the WORKS is copyrighted as a collective work under United States copyright laws. The copyright principles that apply to instructional use of copyrighted works in electronic environments are the same as those that apply to such use in paper environments. Any use of copyrighted electronic course content that would require permission from the copyright owner if the materials were part of a printed courseware likewise requires the copyright owner's permission when made available in electronic format.
 OWNER reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that OWNER may have in the WEBSITE, the WORKS, and any other content, goods, or services that may be provided. OWNER is not providing USER with any implied or express licenses or rights by making services available to USER and USER will have no rights to make any commercial uses of the WEBSITE, the WORKS, or any other content, goods, or services without OWNER’S prior express written consent.
 OWNER has the exclusive right to do or to authorize the following with respect to the WORKS and all other original works of authorship: reproduction, preparation of derivative works, public distribution, public performance, public display, and performance right in sound recordings.
 Definitions
 DOCUMENTATION means any accompanying documentation made available to the USER by OWNER for use with the WORKS, including any documentation available online or otherwise.
 OWNER includes Timotheos, Inc., its owners, principals, officers, and employees.
 USER means any person who accesses the WEBSITE and/or who accesses or purchases any WORKS for any purpose (either an individual or a legal entity that you represent as an authorized employee or agent).
 WORKS means all text and all courses, course names, course outlines, course topics, and all course contents, including but not limited to text, images, and audio/video appearing on the WEBSITE or delivered through any means as the result of a subscription or purchase of the material.
 WEBSITE includes but is not limited to www.timotheos.com; and/or any other website the OWNER may own, designate, or use..
 FORMAT means all formats, including but not limited to books, blogs, articles, CDs, electronic correspondence (i.e. "emails"), and all audio, video, and/or live presentations.
 ACCESS means obtaining by whatever method the ability to attend, view, hear, or otherwise experience the WORKS.
 USER Registration / Obligations / Access / Termination of Access
 USER must be properly registered on the WEBSITE before accessing any WORKS. USER agrees to provide full and truthful information at point of registration and, by registering, explicitly agrees to the Terms of Use, as may be amended from time to time with or without notice to USER.
 Conditions of Use
 OWNER grants to USER a temporary, limited, revocable, non-exclusive license to use the WORKS in the particular manner specified on the WEBSITE, provided that USER agrees to the Terms of Use, including the following terms and conditions:
 1.    USER agrees to pay for use of the WORKS, in the amount and manner indicated on WEBSITE or otherwise by the OWNER.  Refunds are governed by our Refund Policy[I2] .
 2.    USER agrees not to distribute, reproduce, publicly display, or create derivative works from the whole or any part of the WORKS, whether or not for value, in any manner whatsoever, including but not limited to electronic or mechanical reproduction, or reproduction into information storage or retrieval systems, without prior express written approval of the OWNER.
 3.    USER will not nor will USER allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the WORKS and associated training materials; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source file content of the WORKS; (iii) sublicense, distribute, rent, lease, sell, assign or otherwise transfer rights in or to the training videos, the Documentation or the WORKS; (iv) remove any proprietary notices or labels on the WORKS; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the WORKS; (vi) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the WORKS for any purpose without the express written consent of OWNER; (vii) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with OWNER; or (viii) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the WEBSITE and/or the WORKS. USER will use the WORKS solely for USER'S own internal use, and will not make the WORKS available for timesharing, application service provider or service bureau use. USER will comply with all applicable laws and regulations in USER's use of and access to the WEBSITE and the WORKS.
 4.    USER agrees not to breach these Terms of Use claiming any limitations to copyright infringement, including but not limited to the first sale doctrine or fair use exemption.
 5.    USER agrees not to use the WORKS for criticism, comment, news reporting, teaching, scholarship, research, or any similar uses without the prior express written approval of the OWNER.
 OWNER reserves the right to modify, change, suspend, limit or disconnect any aspect, feature or functionality of or relating to the WEBSITE and/or the WORKS at any time, without notice.  Without limiting the foregoing, OWNER has the right to interrupt the availability of the WEBSITE and/or the WORKS from time to time, as and when OWNER deems appropriate, to perform maintenance relating to the WEBSITE and/or the WORKS.
 Submission of Content
 Any content submitted by USER to the WEBSITE, including but not limited to questions, comments, feedback, notes, messages, ideas, suggestions or other contributions, solicited or unsolicited, transmitted via email, fax, letter, onsite posting, blog, or other means, shall be and shall remain the exclusive property of OWNER. Submission of any such content shall constitute an assignment to OWNER of all intellectual property rights in same. OWNER shall be entitled to use, reproduce, modify, adapt, reformat, disclose, publish, distribute and create derivative works from any material submitted by USER for any purpose whatsoever, without restriction and without compensating USER in any way. USER hereby agrees to grant OWNER a worldwide, royalty-free, non-revocable, non-exclusive license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part of any material submitted by USER. Such license will apply with respect to any form, media, technology now known or later developed. USER acknowledges and agrees that OWNER has the right to refuse to publish or to remove or block access to any content provided by USER at any time, for any reason, with or without notice.
 USER Privacy
 Registration data and other personally identifiable information that OWNER may collect is subject to the terms of OWNER'S Privacy Policy .  The personal information of USER will be kept private and confidential by OWNER.  Where USER'S access to WORKS is paid for or sponsored by USER'S employer, USER acknowledges and agrees that OWNER may release performance information and/or progress reports to said employer, with or without notice to USER.
 Third Party Services
 Products and services of third parties may be referenced within the WORKS. Representations made regarding products and services provided by third parties are governed by the policies and representations made by such third parties. OWNER is not liable for or responsible in any manner for any dealing or interaction USER may have with such third parties.
 Indemnification
 USER agrees to indemnify, hold harmless and defend OWNER and OWNER'S subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any and all third-party claims, actions, proceedings, and suits brought against OWNER or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by OWNER or any of its officers, directors, employees, agents or affiliates, arising out of or relating to USER’S conduct or connection with this WEBSITE or WORKS, USER’S provision of content, or USER’s violation of the Terms of Use or any other violation of the rights of another person or party or applicable laws and regulations.
 Choice of Law
 These Terms of Use shall be governed by the laws of the State of Colorado and USER expressly agrees that the State of Colorado shall have exclusive jurisdiction over any claim or dispute between OWNER and USER arising from or otherwise relating to these Terms of Use.  USER further agrees and expressly consents to teh exercise of personal jurisdiction in teh State of Colorado in connection with any such dispute or claim.  The provisions of these Terms of Service are severable and if any one or more of the provisions hereof is judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of these Terms of Service shall be binding.  A waiver of any section of these Terms of Service by OWNER does not constitute a waiver of the remaining section(s).
 DISCLAIMER
 The WORKS are designed to provide general information in regard to the subject matters covered. They are not intended to act as a recommendation for any particular action. All text, forms, charts, images, or other graphics are examples for discussion purposes only. While OWNER makes every effort to maintain accuracy and completeness of the information provided, no representations are made as to the accuracy or application of any information, forms, case law or statutes, state or federal, to USER’S situation. The WORKS do not intend to provide legal, tax, or other professional advice, and USER agrees that the OWNER is not engaged in providing any such advice. If legal advice or other expert assistance is desired, the services of a licensed competent professional should be sought.
 USER acknowledges and agrees that the OWNER makes NO GUARANTEES that USER may qualify for any continuing education credit or other approval for which USER may attempt to apply by accessing the WORKS.
 USER acknowledges and agrees that USER’S use of the WEBSITE, the WORKS, and any other content, goods, or services that may be provided by OWNER are made available and provided to USER at USER’S own risk. Access is provided to USER “as is” and, to the maximum extent permitted by law, the OWNER expressly disclaims all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness or applicability for a particular purpose, and non-infringement. OWNER makes no warranty, implied or express, that any part of the WORKS will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or any quality, nor that any content is safe in any manner for download. USER acknowledges and agrees that neither OWNER nor any participant in the WORKS provides professional or legal advice of any kind and that the use of such advice or any other information is solely at USER’S own risk and without OWNER liability of any kind.
 USER expressly acknowledges and agrees that OWNER shall not be liable to USER or any Third-Party for any direct, indirect, special, incidental, consequential  or exemplary and/or punitive damages, including but not limited to damages for loss of profit, goodwill, use, data, work stoppage, computer failure or malfunction, or other commercial damages or losses [even where OWNER has been advised of the possibility of such damages], resulting from or arising out of (i) USER'S use of or the inability to use the WORKS, (ii) the cost to obtain substitute goods and/or service resulting from any transaction entered into or through the service, (iii) unauthorized access to or alteration of USER’S data transmissions, (iv) statements or conduct of any Third Party on the service, or (v) any other matter relating to the service.
 UNDER NO CIRCUMSTANCES WILL Owner, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY User's RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, THROUGH THE WORKS, FROM THIRD PARTIES (SUCH AS EXPERTS, OR OTHERS) OR A LINKED SITE, OR User's RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THIS SITE, A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT User's SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY User FROM Owner OR THROUGH OR FROM THE WEBSITE OR THE WORKS SHALL CREATE ANY WARRANTY.