TERMS AND CONDITIONS OF USE

Last Updated: 11.1..2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use ("Terms") apply exclusively to your access to, and use of, the web site of The Parker Initiative, LLC ("Company"), located at www.theparkerinitiative.com (the "Site") and the information and other services provided therein (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Terms.

Company reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Terms the date it was last updated.  Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

If you have any questions or comments regarding the use of the Site please contact us at info@theparkerinitiative.com.

Please refer to our Privacy Policy for information on how the company collects, uses and discloses personally identifiable information from its users.

1. Consent to Receive Emails

By using the Site, you consent to receive emails from The Parker Initiative, LLC, which may include commercial emails.  You may be given the option to “opt out” of receiving emails.  

2. Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-exclusive and non-transferable license to access and use the Site for your informational, non-commercial and personal use and to access and view any content to which you are permitted access, solely for your personal and non-commercial purposes.  You have no right to sublicense the license granted to you in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Parker Initiative, LLC, or its licensors, except for the licenses and rights expressly granted in this Agreement. This license is revocable at any time.

3. Copyright Complaints

The Parker Initiative, LLC respects the intellectual property rights of others. It is our policy to respond promptly to any claim that The Parker Initiative, LLC infringes the copyright or other intellectual property infringement (“Infringement”) of any person. The Parker Initiative, LLC will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the content claimed to be infringing.

To notify The Parker Initiative, LLC of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of info@theparkerinitiative.com and include in your notice a detailed description of the alleged Infringement sufficient to enable The Parker Initiative, LLC to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking the advice of an attorney.

4. Trademarks

The Parker Initiative, LLC, the Company logo and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "The Parker Initiative", “The Parker Initiative, LLC” or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

5.  No Consultant-Client Relationship

Receipt of information from www.theparkerinitiative.com or any email sent to The Parker Initiative, LLC or its consultants through www.theparkerinitiative.com will not create a consultant-client relationship. The Parker Initiative, LLC cannot guarantee the confidentiality of information sent by email through the website.

6.  Scope of Services

The information provided on this Site is for information and educational purposes only. If you require consulting advice please contact us for advice. Use of the Service and Site does not establish and a consultant-client relationship. 

A consultant-client relationship is established only after a consultant of The Parker Initiative, LLC has expressly communicated with willingness and ability to accept a consulting role. The Parker Initiative, LLC may decline to provide consulting services at will or if there is any conflict of interest discovered. The scope of any consulting services to be provided will detailed and expressly agreed to in writing before any work or services are performed. No work or services that are expressly excluded will be performed or considered part of the agreement and will be considered to be outside the scope of the agreement. The terms herein do not apply to a consultant-client relationship that may exist between you and The Parker Initiative, LLC in addition to your use of the Site; any materials within such relationship, should one exist, shall be governed by the applicable Engagement Agreement. 

7. Establishing Consultant-Client Relationship 

A consultant-client relationship is established only after a consultant from The Parker Initiative, LLC has expressly agreed and communicated the ability and willingness to accept the representation. We reserve the right to refuse service to any entity or person, without the obligation to assign reason for doing so. 

8. Disclaimers and Acknowledgements Regarding Use of Site Information

THE SITE, THE SITE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION PROFESSIONAL PROFILE INFORMATION OR ANY OTHER INFORMATION. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.  Reference to any professionals, professional service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

9. Limitation of Liability

IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR OTHER SERVICES PROVIDED BY The Parker Initiative, LLC.

10. Third Party Content

Company or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content or allow users to post their content or third party content to the Site.  Company does not monitor or have any control over any information and content posted by third parties or third party Web sites. Company does not endorse or adopt any information posted by third parties or third party Websites and can make no guarantee as to its accuracy or completeness.  Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any third party information or third party Websites.  Users use these links, rely on information posted by third parties and third party Websites at their own risk.

11. Advertisements and Promotions

Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site.

12. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to Company, or any postings on the Site, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. Indemnification

You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any information you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the information, your conduct, your violation of these Terms or your violation of the rights of any third party.

14. Applicable Law and Venue

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia (even if your use is outside of the State of Georgia), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Atlanta, Georgia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

Your access to and use of the Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Services or any other reason within or outside the control of The Parker Initiative, LLC. The Parker Initiative, LLC reserves the right to suspend or discontinue the availability of the Services and/or remove any information at any time at its sole discretion and without prior notice. The Parker Initiative, LLC may also impose limits on certain features and Services or restrict your access to parts of the Services without notice or liability.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.

Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.   Company reserves the right to refuse service to anyone for any reason at any time.

15. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. Questions & Contact Information 

If you have any question regarding the use of the Site please contact us at info@theparkerinitiative.com.