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Terms & Conditions

PLEASE READ THESE TERMS OF USE RELATING TO YOUR USE OF THE SITE.  YOU AGREE TO TEHSE TERMS OF USE BY USING THE SITE.  DO NOT USE THE SITE OTHERWISE.

Accessing the Website

The Grey Pointe Group (“GPG”) provides information and training for business professionals (the Service”).  Access to this Website is for personal noncommercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. 

GPG will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, GPG may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Account Registration 

In order to access certain features of the Service that are delivered for a fee (‘Paid Services”), and to book such a Service, you must register to create an account (“User Account”). You may register to join the Service directly via the Website.  Your User Account will be created for your use of the Service based upon the personal information you provide to GPG. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GPG reserves the right to suspend or terminate your User Account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Use.

Registered Users 

Some portions of the Site are accessible only to users who have provided certain personal information and obtained a valid user ID and password (“Registered Users”). You agree that you will not attempt to gain access to the restricted portions of the Site if you are not a Registered User.  

Registered Users are responsible for maintaining the confidentiality of their user ID and password, if any.  Registered Users agree to notify us upon discovery of any unauthorized use of their ID or password. You are responsible for safeguarding your password. You will immediately notify GPG  of any unauthorized use of your User Account.

Payment Processing Errors

GPG will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Name and Likeness for Paid Services

Use of the paid services available on the Website shall grant use of your name and or likeness in connection with advertising and promotions of the Website and GPG. This includes rights to display, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, edit, adapt, and create derivative works regarding your name and likeness and other personal characteristics.

Changes to Terms of Use

GPG may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when GPG posts them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

GPG reserves the right to withdraw or amend this Website, and any service or material GPG provides on the Website, in GPG’s sole discretion without notice. 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GPG, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Trademarks

The Grey Pointe Group and Ascend Solutions names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of GPG or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

  • Using the site for illegal purposes
  • Introducing viruses to website
  • Accessing or using for any commercial purposes 
  • Unauthorized reproduction of material contained on the site
  • Using any illustrations, photographs, video or audio sequences, or any graphics separately 
  • Impersonation of Kenneth Proctor 
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Uploading illegal, infringing, or defamatory content
  • Deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Any attempt to interfere with the proper working of the Website
  • Monitoring and Enforcement of Website 
  • GPG reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • GPG reserves the right to terminate or suspend your access to all or part of the Website for any violation of these Terms of Use including the Content Standards, infringement of any intellectual property right or other right of any person or entity, threatening the personal safety of users of the Website or the public, or taking an action that could create liability for the Company.

Warranties

You understand that GPG cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, GPG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, GPG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GPG AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO GPG FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You agree to defend, indemnify, and hold harmless GPG, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without GPG’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. 

Force Majeure

GPG is not responsible for delays or any failure in performance resulting from acts beyond the control of GPG. Such acts include, but are not limited to, acts of God, strikes, acts of war, pandemic, epidemic, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.

Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of Texas.  Accordingly, the laws of Texas will be used exclusively to construe, govern, and enforce these Terms of Use, excluding all conflict of laws rules.  Any action related to or arising out of these Terms of Use will be filed only in the Texas courts and you consent to the exclusive jurisdiction of the state and federal courts located in Texas.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Entire Agreement

Except as they may be supplemented by additional GPG policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms of Use constitute the entire and exclusive understanding and agreement between GPG and you regarding the Site and Service, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between GPG and you regarding the Site and Service.

General

The failure of GPG to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GPG. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.