TERMS OF USE www.janabudikova.com Website
1. INTRODUCTION
Welcome to www.janabudikova.com (the “Website”). The Website is owned and operated by Jana Budikova resp. JBC i.e.Jana Budikova Consulting („she“, „her“).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of her current or future services, you will also be subject to Jana Budikova Consulting guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
2. CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.
3. RESTRICTIONS ON USE
All content contained on the Website (“Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Jana Budikova’s property or the property of her licensors or licensees, and the compilation of the Content on the Website is Jana Budikova‘s exclusive property, protected by Czech Republic and international copyright laws, treaties and conventions. Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names contained on the Website are proprietary to Jana Budikova or her licensors or licensees. They may not be used in connection with any product or service that is not Jana Budikova‘s in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by Jana Budikova that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to her. Jana Budikova grants you a limited license to access and make personal use of the Website. No Content of the Website may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose.
4. SUBMISSIONS
You may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. Jana Budikova reserves the right (but not the obligation) to remove or edit any such content, but she does not regularly review posted content.
5. CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other sites beyond Jana Budikova’s control including links to or from affiliates and content partners as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by Jana Budikova and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that Jana Budikova is not responsible for examining or evaluating, and that she do not warrant the offerings of, any such third party or the content of their sites. Jana Budikova does not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. Jana Budikova reserves the right to disable links from or to third-party sites, although she is under no obligation to do so.
6. DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JANA BUDIKOVA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. JANA BUDIKOVA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY). JANA BUDIKOVA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. SHE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON HER WEBSITE. SHE STRONGLY ENCOURAGES YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY THIRD PARTY. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL JANA BUDIKOVA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF SHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL JANA BUDIKOVA OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND HER OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER SHE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
8. COPYRIGHT COMPLAINTS
Jana Budikova respects the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Jana Budikova the information in written (your contact details, details of the copyrighted work that you claim has been infringed). Please note that this procedure is exclusively for notifying her that your copyrighted material has been infringed.
9. AMENDMENT
Jana Budikova reserves the right, in her sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
10. TERMINATION
These Terms of Use are effective until terminated by either you or Jana Budikova. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. Jana Budikova may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.
11. APPLICABLE LAW AND DISPUTES
These Terms of Use, your rights and obligations, Jana Budikova’s rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the law of the Czech Republic.
12. MISCELLANEOUS LEGAL PROVISIONS
Jana Budikova may discontinue the Website at any time and for any reason, without notice. She may change the contents, operation, or features of the Website at any time for any reason, without notice. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use constitute the entire agreement between you and Jana Budikova regarding the Website and her Consulting Practice.