Welcome to the Mortimer Publishing Website. These Terms of Use (“Terms”) govern Your use of this Website which consists of all web pages located under the domain of www.mortimerpublishing.com (“Website”), and all of the Products We either sell or make available free of charge (“Products”, “Product”), and form a binding contractual agreement between You (“You”, “Your”), the user of this Website and Our Products, and Us, Mortimer Publishing (“Us”, “We”, “Our”). You should ensure that You have read and understood these Terms before using this Website or Our Products in any way, including reading and applying their contents, downloading or purchasing Our Products, contacting Us, or any other activity related to this Website or Our Products.
1. PRIVACY
In using this Website You understand that Mortimer Publishing may also collect information automatically and through the use of electronic tools that may be transparent to You. e.g. technologies such as cookies and Google Analytics. Therefore, in using this Website You may be providing Us with information about Your interests, preferences and browsing patterns, which will be stored on computers which We use to make this Website and Our Products available. You consent to Our use of this information to build up a profile of how this Website is used.
In regards to personal information You provide Us by contacting Us, subscribing to Our mailing list, or in the course of purchasing or downloading Our Products, We will not knowingly disclose this information to any other party without Your prior consent.
2. ELECTRONIC COMMUNICATIONS
When You use this Website, contact Us via the Contact Us facility on this Website, send e-mails to Us via Our e-mail addresses, or purchase or download Our Products, You are communicating with Us electronically. In doing so, You also consent to receive communications from Us electronically. We will communicate with You by e-mail, or by posting notices on this Website or in Our Products. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, satisfy any legal requirement that such communications be in writing. In the case of subscribing to Our mailing list, You will be provided with clear instructions on how You can unsubscribe from Our mailing list.
3. COPYRIGHT
All Products and content included on this Website and related content and materials, such as e-books, text, graphics, logos, button icons, images, audio clips, digital downloads, e-mails, data compilations, and software, are the property of Mortimer Publishing or its content suppliers and protected by international copyright laws. The compilation of all content on this Website is the exclusive property of Mortimer Publishing, with copyright authorship for this collection by Mortimer Publishing, and protected by international copyright laws.
No part of the information published in Our Products, this Website, or related content and materials, may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise without the prior written permission of Mortimer Publishing. All such information is Copyright © Mortimer Publishing. Requests to Mortimer Publishing for permission can be made via the Contact Us page on this Website.
4. LOGOS AND TRADE MARKS
Mortimer Publishing’s logos, trademarks and trade dress may not be used in connection with any product or service that is not owned by Us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mortimer Publishing, this Website, or the Products or information on this Website All other trademarks not owned by Mortimer Publishing or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mortimer Publishing or its subsidiaries.
5. WEBSITE LICENSE AND ACCESS
We grant You a limited license to access and make personal use of this Website, but not to download (other than via web page caching) or modify it, or any portion of it, unless We have given You Our express written consent.
This license does not include any resale or commercial use of this Website or its Products or contents, any collection or use of any listings, descriptions, or prices of Our Products, any derivative use of this Website or its Products or contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website, including its Products, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Mortimer Publishing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this Website, as owned by Mortimer Publishing and Our associates, without Our express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent. Any unauthorized use terminates the permission or license granted by Us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray this Website, Mortimer Publishing, its Products, its associates, or its associates’ products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mortimer Publishing logo or other proprietary graphic or trademark as part of the link without Our express written permission.
6. ELIGIBILITY
By using this Website, You represent and warrant that You are at least 18 years old, or at least 13 years old and supervised by Your parent or legal guardian, and are otherwise legally qualified to enter into these Terms under applicable law. This Agreement is void where prohibited.
7. WEBSITE AND PRODUCT CONTENT AND WEBSITE AVAILABILITY
You must not add, alter or remove any content on this Website or in Our Products without Our prior written consent and permission to do so. If We do permit You to add, alter or remove content, You must not breach any law, regulation, rule, code or other legal obligation, and not create content that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy. Furthermore, You must not create content that infringes the intellectual property or other rights of any person.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mortimer Publishing reserves the right (but not the obligation) to remove or edit such content, but does not regularly review content. If You do create content or submit material, and unless We indicate otherwise, You grant Mortimer Publishing and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mortimer Publishing and its associates and sublicensees the right to use the name that You submit in connection with such content, if they choose (Note that this will not conflict with fulfilling Our obligations to Your Privacy as stated in the Privacy section of these Terms). You represent and warrant that You own or otherwise control all of the rights to the content that You post or create, that the content is accurate, that use of the content You supply does not violate this policy and will not cause injury to any person or entity, and that You will indemnify Mortimer Publishing or its associates for all claims resulting from content You supply. Mortimer Publishing has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted or created by You or any third party.
This Website may contain links to other websites as well as content added by people other than Us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
You acknowledge that We retain complete editorial control over this Website and may alter, amend or cease the operation of this Website at any time in Our sole discretion. This Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
8. WEBSITE AND PRODUCTS DISCLAIMER
Mortimer Publishing and its associates attempt to be as accurate as possible. However, We do not warrant that Product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free.
Other than those clearly stated in relation to the Products on this Website, Mortimer Publishing makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or Products included on this Website.
You expressly agree that Your use of this Website is at Your sole risk. Mortimer Publishing does not warrant that this Website, Our Products, Our webservers, the e-mails We may send You, or any other related materials, are free of viruses, Trojans, or other harmful components. Mortimer Publishing will not be liable for any damages of any kind arising from the use of this Website, or the Products available through this Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Furthermore, the information contained on this Website and in the Products available via this Website, is for educational and reference purposes only and is not intended to serve as a replacement for professional medical advice. This Website and Our Products do not contain or constitute medical advice or opinion, and should not be construed as such. Any use of this information is at the reader’s discretion. In regards to any improvements in Your health and fitness, individual results in will vary greatly and in accordance with Your current levels of health and fitness, as well as Your application of the strategies discussed. To the fullest extent permissible under law, Mortimer Publishing and all authors of, or contributors to, this Website and Our Products, specifically disclaim any and all liability for loss or damage caused to any person or entity howsoever arising directly or indirectly from the use or application of any information contained on this Website, or in its related Products and materials. A doctor or health care professional should be consulted regarding Your specific situation, prior to using or applying any of the information contained in this Website or Our Products, including making any changes to Your lifestyle.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mortimer Publishing, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website and Our Products, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by You or any other person accessing this Website, Our Products, or related materials.
10. APPLICABLE LAW
By using this Website, its Products, or related content or materials, You agree that the laws of the State of Victoria, Australia, without regard to principles of conflict of laws, will govern these Terms of Use as well as and any disputes of any sort that might arise between You and Mortimer Publishing or its associates. Furthermore, in agreeing to abide by these Terms of Use You submit to the jurisdiction of the courts of the State of Victoria, Australia.
11. MODIFICATION AND SEVERABILITY
We reserve the right to make changes to this Website and / or these Terms of Use at any time. If any of these Terms shall be deemed invalid, void, or for any reason, unenforceable, that Term of Use shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.
12. YOUR QUESTIONS
Should You have any questions regarding the information on this Website, in Our Products, or in any related content or materials, please contact Us by clicking on the Contact Us link on this Website.