Privacy & Terms of Use

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Purpose

Graham Blanchard Inc., administers the Web site GrahamBlanchard.com as a social community and commerce site for the use of adults 18 years and older.

Policy

Personal Information
Adult users may opt-in to register for future email newsletters sent by Graham Blanchard. Emails collected and stored for such purpose will not be shared with 3rd parties for any purpose and will be used solely for future emails from Graham Blanchard.

Non-Personal Information
Along with most commercially operated Web sites, Grahamblanchard.com collects IP addresses from visitors to track site usage in the aggregate but can in no way trace the IP address to an individual site visitor. Cookies may be sent to a visitor’s computer to enhance the visitor experience. You may disable your browser from receiving cookies by changing your browser preferences.

Site Commerce & Security
The GrahamBlanchard.com store is certified to ensure that all the information received for a business transaction is secure against unauthorized access, by remaining in a system that is not directly connected with the Internet.

Site Links
GrahamBlanchard.com links to other sites for the information and support of our visitors, but do not have authority to vouch for their privacy or safety terms nor do we monitor their content. Please be advised that links may change without notice. Also, please refer to the individual sites for their privacy policies and terms and conditions.

Note: The above policies and procedures at GrahamBlanchard.com may be subject to change without notice to visitors in order to provide a consistently safe and welcoming community.

Terms of Use and Legal Restrictions Applicable to this Site
Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to grahamblanchard.com and any other site owned and/or operated by or on behalf of Graham Blanchard Inc.

USE OF MATERIALS

This site is owned and operated by Graham Blanchard Inc., and unless otherwise indicated the contents of grahamblanchard.com are the property of Graham Blanchard and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from grahamblanchard.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Graham Blanchard’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download media (e.g. electronic publications or videos) from the site, the media including any files, images incorporated in or generated by the media are licensed to you by Graham Blanchard. Graham Blanchard does not transfer title to the media to you. As between you and Graham Blanchard, Graham Blanchard retains full and complete right, title, and interest in and to the media and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the media.

You hereby grant Graham Blanchard and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on grahamblanchard.com, including without limitation via message boards, chat rooms and/or blogs or any other features on grahamblanchard.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on grahamblanchard.com. Users are not permitted to upload to, distribute through, or otherwise publish through grahamblanchard.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

Unauthorized commercial messages and/or public announcements are not allowed on grahamblanchard.com. Unauthorized collection and/or use of email addresses via grahamblanchard.com is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of grahamblanchard.com. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of message board postings and/or comments made in chat rooms and/or any other features on grahamblanchard.com. Graham Blanchard is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of grahamblanchard.com including without limitation the content of board postings and/or comments made in chat rooms and/or any other features on grahamblanchard.com. You acknowledge that Graham Blanchard may or may not pre-screen and/or monitor content posted on grahamblanchard.com, and that Graham Blanchard shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on grahamblanchard.com at any time for any reason, in Graham Blanchard sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on grahamblanchard.com and any rules for conduct on grahamblanchard.com or use of specific features and/or services offered thereon that may be posted on grahamblanchard.com, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE

Any informational materials provided on grahamblanchard.com, including without limitation the opinions and/or recommendations of any authors and/or moderators and/or podcast guests are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Graham Blanchard makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through grahamblanchard.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES

You acknowledge that Graham Blanchard does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of grahamblanchard.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on grahamblanchard.com, and you are solely responsible for your decision to submit personal information to any third party.

PRICING

With respect to items sold by grahamblanchard.com online, we do NOT charge your credit card until after your order has entered the shipping process.

CHANGES TO SITE

Graham Blanchard may add, change, discontinue, remove or suspend any portion of grahamblanchard.com at any time, without notice.

USER ACCOUNTS

Certain portions of grahamblanchard.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of grahamblanchard.com using your account and/or identity. Graham Blanchard reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of grahamblanchard.com for any reason, including without limitation for extended periods of inactivity.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from grahamblanchard.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Graham Blanchard, if in Graham Blanchard’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from grahamblanchard.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

GRAHAM BLANCHARD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO GRAHAMBLANCHARD.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” GRAHAM BLANCHARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO GRAHAMBLANCHARD.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. GRAHAM BLANCHARD DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON GRAHAMBLANCHARD.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT GRAHAMBLANCHARD.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF GRAHAMBLANCHARD.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. GRAHAM BLANCHARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON GRAHAMBLANCHARD.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GRAHAM BLANCHARD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GRAHAM BLANCHARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON GRAHAMBLANCHARD.COM, EVEN IF GRAHAM BLANCHARD OR A GRAHAM BLANCHARD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GRAHAM BLANCHARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING GRAHAMBLANCHARD.COM.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING GRAHAMBLANCHARD.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

By using grahamblanchard.com, you agree to indemnify, defend and hold harmless Graham Blanchard from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on grahamblanchard.com; or (3) any material uploaded by you or through your computer to grahamblanchard.com or otherwise sent by you to Graham Blanchard. You will cooperate as fully and reasonably as required by Graham Blanchard in the defense of any claim. Graham Blanchard reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Graham Blanchard.

JURISDICTIONAL ISSUES

Grahamblanchard.com is controlled and operated by Graham Blanchard from its offices in Texas, United States of America. Graham Blanchard makes no representation that materials on grahamblanchard.com are appropriate or available for use in other locations. Those who choose to access grahamblanchard.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to any principles of conflicts of law. You and Graham Blanchard each agree to submit to the exclusive jurisdiction of the courts of the state of Texas and the federal courts of the western district of Texas. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR REPRINTS

All material on grahamblanchard.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on grahamblanchard.com (outside of personal, non-commercial use), please write to:

Permissions
P.O. Box 300235
Austin, TX 78703

REQUIREMENTS FOR WEB LINKING

If you link to grahamblanchard.com, any such link must not damage, dilute or tarnish the goodwill associated with Graham Blanchard and/or any Graham Blanchard intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Graham Blanchard, and you may not “frame” grahamblanchard.com. You may not link to grahamblanchard.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Graham Blanchard’s sole discretion. Graham Blanchard reserves the right, in its sole discretion, to terminate any link from any web site.