disclaimer
TABLE OF CONTENTS
Introduction and Important Notices
Language, Important Terms, Definitions, Concepts and Interpretation
Warranties, Limitation of Liability and Indemnity
Introduction and Important Notices
The Public Server is an educational resource, sharing information and imparting knowledge on numerous topics and subject matter (as can be seen on our website) and extended to our users as a public service.
We pride ourselves on being completely transparent in everything we do, not least of which with those who visit our website and consume our Content, information, products and services.
In fact, TPS is primarily a platform for the collection of thoughts, ideas, concepts, opinions and theories, supplemented with the combined experience and knowledge of experts, and curated in such a way so as to inspire our users to construct their own thoughts, ideas, concepts, opinions and theories.
Needless to say, all content on TPS is a collection of our thoughts, ideas, concepts, opinions and theories.
The aim of this document is to clarify and disclose important information relating to your use of, interaction with and reliance on our website, Content, information, products and services.
Please read and understand the contents of this Disclaimer carefully before interacting with us or using our website.
You hereby warrant that you have, indeed, read and understood this document and accept same as a binding agreement by virtue of, inter alia, your visitation, consideration, navigation and use of thepublicserver.com.
Your continued dealings with, use of and reliance on this website and the contents thereof subsequent to any additions, updates or amendments to this disclaimer, our website, programs, products and services, which alterations may be implemented at any time in our sole discretion without further notice to you, constitutes your deemed acceptance of said changes.
We may link to third party promotions, offers, products or services from time to time that, when selected, will redirect you away from our website, at which point you will no longer be bound by our Terms and Conditions or Privacy Policy.
Reference to updates made herein, if any, may be posted in this section but, although every effort is taken to be as precise as possible in conveying information to you, it is up to you to familiarize yourself with the contents hereof on a regular basis.
The aforegoing applies, mutatis mutandis, equally to all legal pages on TPS, specifically our “Terms and Conditions” and “Privacy Policy” pages, which you can be redirected to and review by clicking on their respective links, your acceptance of which is expressly incorporated into this document.
Language, Important Terms, Definitions, Concepts and Interpretation
Preliminary
Headings and sub-headings are for convenience and shall not be used in the interpretation hereof, unless the context clearly indicates a contrary intention.
Any expression which denotes any gender includes the alternative and neuter.
Unless the context clearly requires a different interpretation, any reference to:
the singular includes the plural and vice versa; and
natural persons includes juristic persons and vice versa.
The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis principle (i.e. the rule that a general word or clause is restricted in meaning to the same class as the specific words which precede it) shall not be applied in the interpretation of such general wording or such specific example/s.
Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the date hereof, and as amended or substituted from time to time.
The following words, expressions and/or phrases shall bear the meanings assigned to them and shall apply to all parts of this document:
TPS
Means the Public Server brand, inter alia, “this website”, “thepublicserver.com”, “the company”, “I”, “me”, “we”, “us”, “our” or “ourself” (all of which may be used interchangeably, unless the context clearly indicates otherwise).
User
Means any person who accesses, uses or otherwise interacts with TPS, inter alia, “the user”, “any user”, “users”, “you”, “your” or “yourself” (all of which may be used interchangeably, unless the context clearly indicates otherwise).
This Document
Means “this agreement” or this “Disclaimer” page (both of which may be used interchangeably, unless the context clearly indicates otherwise) and all of the content herein as well as, insofar as it is relevant, any other legal provision binding the users of TPS
The Effective Date
Means the date on which this document comes into effect, being 17 August 2020, binding all those subject to its provisions and encompassing any modifications hereto, from which date any continued use constitutes deemed acceptance of the contents of this document, as amended.
Minors
Means, inter alia, “a child”, “children”, “teenagers”, “adolescents”, (all of which may be used interchangeably, unless the context clearly indicates otherwise), and generally refers to any natural person under the age of 18 (eighteen) years.
Minors
This website, and all content thereof, is intended for adults over the age of 18. Minors, as defined in our Privacy Policy, are prohibited from using this website.
General Disclaimer
All content and information on this website, including our programs, products and/or services is for informational and educational purposes only, does not constitute professional advice and does not establish any kind of professional-client relationship between us by your use thereof.
A professional-client relationship is only formed once we have entered into a signed written agreement that includes our fee structure and any other terms required to assist you in a specific matter.
Although we strive to provide you with the most relevant, accurate and up-to-date information, same can, in no way, act as a substitute for any kind of professional advice, assistance or service and you should not rely solely on us as your primary or only source of information.
Always consult an expert or industry professional in your area for your particular needs and circumstances prior to making any professional, legal, medical and financial or tax related decisions.
Third Parties and Affiliates
We may partner with other businesses or affiliate marketing programs (whose products and/or services we may promote or advertise in exchange for commissions and/or financial rewards, at no extra cost to you, when you click and purchase those products or services through our affiliate links).
For instance, we are a participant in the Amazon Services LLC Associates Program, which is an affiliate advertising program designed to provide a means for sites to earn a commission by advertising and linking to amazon.com.
We may also recommend other products, services, coaches and consultants but no such reference is intended to be an endorsement or statement that such information provided is accurate.
We recommend them based on our personal experience, knowledge and/or exposure, but it is ultimately your responsibility to perform your own due diligence to ensure you have obtained complete and accurate information about such product, services, coaches and consultants and decide whether they are right for you and your current needs and circumstances.
These affiliates or third-party relationships in no way compromise the integrity of the content, information, services and materials being presented to you herein and you are under no obligation to follow any affiliate links or purchase products or services on offer. We only recommend products and service we know and trust and the affiliate programs we select are based on personal experience and preference.
For your convenience, we provide these links on our website but have no control over the website you are directed to when you click on them, as each website owner is solely responsible for their own content and information presented.
Therefore, TPS and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us cannot be held liable or responsible for any content presented on these external websites and for any damages resulting therefrom.
This policy applies to all affiliate links we share on our website, social media, emails, programs and products, such as courses, ebooks, services and any other means of communication with you.
Earnings and Testimonials
We may disclose our income reports and successes or results of our current or former customers, including product reviews and testimonials on the website from time to time.
These reports, product reviews and testimonials are accurate and strictly for informational purposes only.
We share this information as an example, but it does not serve as a guarantee or promise of the results and success you can expect should you rely on the same information, reviews, products, services, tips and techniques offered herein.
All the testimonials included on our website, in our programs, products and/or services, are honest examples and stories of what other individuals have experienced with our programs, products and/or services. However, they are not intended to serve as a guarantee or promise that you will achieve the same or similar results. Each person’s performance is unique to them, and your results will vary accordingly.
You are encouraged to perform your own due diligence and research and are solely responsible for your earnings and results.
One’s earning potential, results and success in anything are contingent upon their personal circumstances, abilities, experience, dedication and skill.
It is in light of the above that you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners and/or anyone else working with us, liable for any success or failure you may experience as a result of your direct or indirect reliance on the information, reports, reviews, products and/or services presented to you herein.
Sponsored Posts and Reviews
We may include blog posts on our website from time to time in respect of sponsored products or services that we recommend and/or which have been valuable in our personal experience.
We may review different products, services, and other resources, such as books, programs or courses.
We may receive incentives, discounts, compensation or free products in exchange for these reviews and sponsored content.
All Content and reviews, however, represent our independent honest opinion and is made in good faith. You are always encouraged to perform your own due diligence before making any purchasing decision.
This information is shared as an example to you but does not constitute a guarantee or promise of any kind regarding the results and success you can expect should you rely on said information, reviews, products, services, tips and techniques offered herein.
You are always encouraged to perform your own due diligence and research and are solely responsible for your decisions, purchases from our affiliate links, sponsored content and results.
Your earning potential and results are contingent upon your personal circumstances, abilities, experience, dedication and skill.
It is in light of the above that you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners and/or anyone else working with us, liable for any success or failure you experience as a result of your direct or indirect reliance on the information, reports, reviews, products and/or services presented to you herein.
Fair Use
This website may review products and services as well as include product images from other websites or logos of manufacturers.
In doing so, no copyright is claimed for this kind of content on the website and, to the extent that such material may appear to be infringed, we assert that such alleged infringement is permissible under the fair use principles of the copyright laws of the Republic of South Africa (and internationally).
If you believe we have misused any material, please contact us.
Links to Third Parties
Our website may contain links to third-party websites or resources for your convenience.
We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy of content or any information presented on these third-party websites.
You further assume all risk for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and said third party.
We accept no liability for any damages resulting from your use of or reliance on these third-party websites or resources.
Warranties, Limitation of Liability and Indemnity
We do not make any representations or warranties, of any kind, regarding the Content, information, products and/or services on the website and this includes warranties of merchantability or fitness for any purpose, express or implied, to the full extent permissible by law.
Further, we do not make any representations or warranties about the website; that it will consistently perform or operate to your requirements or expectation or that any of the information presented herein is complete, current or error-free.
You hereby agree that, under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the Content, information, products, services and graphics presented herein.
Further, you hereby expressly agree that you are using our website at your sole risk and that you assume responsibility for the accuracy of any personal data and/or information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
Further, you hereby expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from:
- any errors or omissions made on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including malware, hacking of information, and any other system related failures;
- any loss of income, use, data, revenue, profits, business or any goodwill related to the website;
- any theft or unauthorized access, by any third party, of your information from the website regardless of any negligence our part; and
- any use or misuse of the information, products and/or services offered.
The aforegoing shall apply whether such liability arises from negligence, breach of contract, delict or any other applicable legal theory of liability.
Further, you hereby agree that we provide no express or implied guarantees to you for the information presented herein, accepting that we do not make any promises regarding results.
Further, you hereby agree to indemnify and hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us, harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees assessed against or otherwise incurred by you arising, in whole or in part, from:
- actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives;
- all your actions and use of the website including purchasing products and services;
- violation of any laws, rules, regulations or ordinances by you;
- violation of any terms and conditions of this website by you or anyone related to you;
- infringement by you or any other user of your account of any intellectual property or other rights of anyone.
We will notify you promptly of any such claims or liability and reserve the right to defend such claims, liability or damage at your cost.
You are obliged to cooperate with us fully and provide us with your assistance when requested, without any cost, to defend any such claims.
Contact Us
Please contact brad@thepublicserver.com for any questions or queries regarding this disclaimer.
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