Disclaimer
Disclaimer
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.darrenlewitt.com (“My Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of My Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using My Site immediately.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site; and |
“I/Me/My” | means Darren Lewitt. |
- Information About Me
- My Site, www.darrenlewitt.com, is owned and operated by Darren Lewitt.
Access to Our Site
- Access to My Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access My Site.
- Access to My Site is provided “as is” and on an “as available” basis. I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice. I will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.
- Intellectual Property Rights
- All Content included on My Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Me. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site unless given express written permission to do so by Me.
- You may:
- Access, view and use My Site in a web browser (including any web browsing capability built into other types of software or app);
- Download My Site (or any part of it) for caching;
- Print one copy of any page from My Site;
- Download extracts from pages on My Site; and
- Save pages from My Site for later and/or offline viewing.
- My status as the owner and author of the Content on My Site (or that of identified licensors, as appropriate) must always be acknowledged.
- You may not use any Content saved or downloaded from My Site for commercial purposes without first obtaining a licence from Me (or my licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of My Site for general information purposes whether by business users or consumers.
- Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
- Links to My Site
- You may link to My Site provided that:
- You do so in a fair and legal manner;
- You do not do so in a manner that suggests any form of association, endorsement or approval on My part where none exists;
- You do not use any logos or trademarks displayed on My Site without My express written permission; and
- You do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.
- You may not link to any page other than the homepage of My Site, www.darrenlewitt.com Deep-linking to other pages requires My express written permission.
- Framing or embedding of My Site on other websites is not permitted without My express written permission. Please contact Me at info@darrenlewitt.com for further information.
- You may not link to My Site from any other site the main content of which contains material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
- implies any form of affiliation with Me where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
- You may link to My Site provided that:
- Links to Other Sites
Links to other sites may be included on My Site. Unless expressly stated, these sites are not under My control. I neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on My Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Disclaimers
- Nothing on My Site constitutes advice on which you should rely. It is provided for general information purposes only.
- Insofar as is permitted by law, I make no representation, warranty, or guarantee that My Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- I make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up-to-date. I do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- My Liability
- To the fullest extent permissible by law, I accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) My Site or the use of or reliance upon any Content included on My Site.
- To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to My Site or any Content included on My Site.
- If you are a business user, I accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- I exercise all reasonable skill and care to ensure that My Site is free from viruses and other malware. I accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of My Site (including the downloading of any Content from it) or any other site referred to on My Site.
- I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of My Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Nothing in these Terms and Conditions excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- Viruses, Malware and Security
- I exercise all reasonable skill and care to ensure that My Site is secure and free from viruses and other malware.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.
- You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.
- You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use My Site will cease immediately in the event of such a breach.
- Acceptable Usage Policy
- You may only use My Site in a manner that is lawful. Specifically:
- you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- you must not use My Site in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use My Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use My Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- I reserve the right to suspend or terminate your access to My Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, I may take one or more of the following actions:
- suspend, whether temporarily or permanently, your right to access My Site;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or
- any other actions which I deem reasonably appropriate (and lawful).
- I hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that I may take in response to breaches of these Terms and Conditions.
- You may only use My Site in a manner that is lawful. Specifically:
- Changes to these Terms and Conditions
- I may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of My Site after the changes have been implemented. You are therefore advised to check this page from time to time.
- In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting Me
To contact Me, please email Me at info@darrenlewitt.com or using any of the methods provided on My contact page at https://darrenlewitt.com/contact/
- Communications from Me
- If I have your contact details, I may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
- I will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Me include an unsubscribe link. If you opt out of receiving emails from Me at any time, it may take up to 30 business days for Me to comply with your request. During that time, you may continue to receive emails from Me.
- For questions or complaints about communications from Me (including, but not limited to marketing emails), please contact Me at info@darrenlewitt.com or via https://darrenlewitt.com/contact/
- Data Protection
- Any and all personal information that I may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and My obligations under that Act.
- I may use your personal information to:
- Reply to any communications you send to Me;
- Send you important notices, as detailed in Clause 14;
- I will not pass on your personal information to any third parties.
- Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Me, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Me, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
This website (www.darrenlewitt.com)
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This website (www.darrenlewitt.com) uses Google Analytics as a tool to keep tabs on how many visitors use the site. Paying particular interest in the method in which people are directed to the site. Here is some information for you about Google Analytics Cookie Usage on Websites.
Overview
Google Analytics is a simple, easy-
Important: Google Analytics does not collect any personal information about your website users. Read the Google Analytics privacy document for more details.
Google Analytics supports two JavaScript libraries (tags) for measuring website usage: analytics.js and ga.js. The following sections describe how each use cookies.
analytics.js – Cookie Usage
The analytics.js JavaScript library is party of Universal Analytics and uses a single first-
By default, this library sets cookies on the top level domain, excluding the leading dot, and sets the cookie path to the root level (/). Note: The analytics.js library does not require setting cookies to transmit data to Google Analytics.
This library sets the following cookies:
Cookie Name = _ga
Expiration Time = 2 years
Description = Used to distinguish users.
Customisation
Read the analytics.js Domains & Cookies developer guide to learn all the ways these default settings can be customized.
Read the Security and privacy in Universal Analytics document for more information about Universal Analytics and cookies.
ga.js – Cookie Usage
The ga.js JavaScript library uses first-
- Determine which domain to measure
- Distinguish unique users
- Remember the number and time of previous visits
- Remember traffic source information
- Determine the start and end of a session
- Remember the value of visitor-
level custom variables
By default, this library sets cookies on the domain specified in the document.host browser property and sets the cookie path to the root level (/).
This library sets the following cookies:
Cookie Name = __utma
Default Expiration Time = 2 years from set/update
Description = Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing _utmb Used to determine new sessions/visits.
Cookie Name = __utma
Default Expiration Time = 30 mins from set/update
Description = The cookie is updated every time data is sent to Google Analytics.
The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics.
__utmc End of browser session Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.
__utmz 6 months from set/update Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.
__utmv 2 years from set/update Used to store visitor-
Customisation
The following methods can be used to customize how cookies are set:
_setDomainName – Sets the domain to which all cookies will be set.
_setCookiePath – Sets the path to which all cookies will be set.
_setVisitorCookieTimeout – Sets the Google Analytics visitor cookie expiration in milliseconds.
_setSessionCookieTimeout – Sets the new session cookie timeout in milliseconds.
_setCampaignCookieTimeout – Sets the campaign tracking cookie expiration time in milliseconds.
Read the Tracking Multiple Domains guide to learn how to configure ga.js to measure user interaction across domains.
urchin.js – Cookie Usage
Historically, Google Analytics provided a JavaScript measurement library named urchin.js. When the newer ga.js library launched, developers were encouraged to migrate to the new library. For sites that haven not completed the migration, urchin.js sets cookies identically to what is set in ga.js. Read the ga.js cookie usage section above for more details.
Google Analytics for Display Advertisers – Cookie Usage
For customers that are using Google Analytics’ Display Advertiser features, such as remarketing, a third-
What information do I collect?
I collect information from you when you request a copy of my book, email me, enquire about my services, subscribe to my mailing list, newsletter or fill out a form. When completing a form on this site, as appropriate, you may be asked to enter your: name, e-mail address or phone number and reason for contacting me.
What do I use your information for?
Any of the information collected from you may be used in one of the following ways: To send periodic emails. The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
Do I disclose any information to outside parties?
I do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. I may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Online Privacy Policy Only
This online privacy policy applies only to information collected through their website and not to information collected offline.
Your Consent
By using our site, you consent to our web site privacy policy. Changes to this Privacy Policy If I decide to change this privacy policy, I will post those changes on this page.
Contacting Me
If there are any questions regarding this privacy policy you may contact me using the email address below.
info@darrenlewitt.com