Terms and Conditions

1. General Provisions

These Terms of Use constitute an agreement made by and between Dr Brett Marshall and you ("you," "your" or "User"). This agreement contains the terms and conditions that govern your use of this Web Site.

By accessing, visiting, browsing, using or attempting to interact with any part of this web site, or other Dr Brett Marshall services, websites or any of Dr Brett Marshall's licensees services or software (collectively "services"), you agree that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, please do not access or use any part of this web site.

Dr Brett Marshall reserves the right, from time to time, with or without notice to you, to make changes to this agreement in Dr Brett Marshall's sole discretion. Continued use of any part of this web site constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the "terms of use" hyperlink located at the bottom of each page on any Dr Brett Marshall website.

2. Access to this site

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Dr Brett Marshall believes the information you provide is not correct, current, or complete, Dr Brett Marshall has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. Restrictions of Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of Dr Brett Marshall website(s), you warrant to Dr Brett Marshall that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Dr Brett Marshall. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Dr Brett Marshall in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use Dr Brett Marshall website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. Personal and Non-commercial use limitation

Dr Brett Marshall website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Dr Brett Marshall’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Dr Brett Marshall’s websites.

5. Proprietary Information

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Dr Brett Marshall (the "Content") is the proprietary information of Dr Brett Marshall or the party that provided or licensed the Content to Dr Brett Marshall, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Dr Brett Marshall, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Dr Brett Marshall’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6.Hyperlinks

This site may be hyper-linked to other sites that are not maintained by, or related to, Dr Brett Marshall. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Dr Brett Marshall. Dr Brett Marshall has not reviewed any or all of such sites and is not responsible for the content of those sites. Dr Brett Marshall is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Dr Brett Marshall makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Dr Brett Marshall provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Dr Brett Marshall of that site or any association with its operators.

7. Limitation on Liability

Dr Brett Marshall, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Dr Brett Marshall has been advised of the possibility of such damages. In no event will the collective liability of Dr Brett Marshall and its subsidiaries, affiliates, licensors, service providers, content 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 Dr Brett Marshall for the applicable content or service out of which liability arose.

8. Termination or Restriction of Access

Dr Brett Marshall reserves the right, in its sole discretion, to terminate your access to any or all of Dr Brett Marshall’s websites and the related services or any portion thereof at any time, without notice.

9. Indemnity

You will indemnify and hold Dr Brett Marshall, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

10. Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Dr Brett Marshall or the party that provided the trademarks, services marks, logos, and copyrighted works to Dr Brett Marshall. Dr Brett Marshall and any party that provided trademarks, service marks, logos, and copyrighted works to Dr Brett Marshall retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of Dr Brett Marshall’s websites are: Copyright © 2010 Dr Brett Marshall. All rights reserved.

11. Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Dr Brett Marshall will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Dr Brett Marshall considers insecure, Dr Brett Marshall will be entitled to require the password to be changed.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Dr Brett Marshall reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Dr Brett Marshall reserves the right to investigate suspected violations of these Terms of Use.

Dr Brett Marshall reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Dr Brett Marshall to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed by Dr Brett Marshall in its sole discretion to violate these Terms of Use.
By accepting this agreement you waive and hold harmless Dr Brett Marshall from any claims resulting from any action taken by Dr Brett Marshall during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Dr Brett Marshall or law enforcement authorities.

12. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Australia in connection with any dispute between you and Dr Brett Marshall arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state courts in Queensland.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dr Brett Marshall as a result of this agreement or use of Dr Brett Marshall’s websites.

These Terms of Use along with any additional terms and conditions included by Dr Brett Marshall on this site together constitute the entire agreement among the parties relating to this subject matter, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dr Brett Marshall with respect to Dr Brett Marshall’s websites.

A printed version of such documents and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern any additional items to which they pertain.

Dr Brett Marshall may revise these Terms of Use at any time by updating this posting.