Terms and Conditions

1. General Provisions

These Terms of Use constitute an agreement made by and between Dr Sharon Kelly 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 Sharon Kelly services, websites or any of Dr Sharon Kelly'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 Sharon Kelly reserves the right, from time to time, with or without notice to you, to make changes to this agreement in Dr Sharon Kelly'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 Sharon Kelly 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 Sharon Kelly believes the information you provide is not correct, current, or complete, Dr Sharon Kelly 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 Sharon Kelly website(s), you warrant to Dr Sharon Kelly 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 Sharon Kelly. 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 Sharon Kelly in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

In addition, you may not use Dr Sharon Kelly 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 Sharon Kelly 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 Sharon Kelly’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 Sharon Kelly’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 Sharon Kelly (the "Content") is the proprietary information of Dr Sharon Kelly or the party that provided or licensed the Content to Dr Sharon Kelly, 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 Sharon Kelly, 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 Sharon Kelly’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 Sharon Kelly. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Dr Sharon Kelly. Dr Sharon Kelly has not reviewed any or all of such sites and is not responsible for the content of those sites. Dr Sharon Kelly 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 Sharon Kelly makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Dr Sharon Kelly 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 Sharon Kelly of that site or any association with its operators.

7. Limitation on Liability

Dr Sharon Kelly, 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 Sharon Kelly has been advised of the possibility of such damages. In no event will the collective liability of Dr Sharon Kelly 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 Sharon Kelly for the applicable content or service out of which liability arose.

8. Termination or Restriction of Access

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

9. Indemnity

You will indemnify and hold Dr Sharon Kelly, 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 Sharon Kelly or the party that provided the trademarks, services marks, logos, and copyrighted works to Dr Sharon Kelly. Dr Sharon Kelly and any party that provided trademarks, service marks, logos, and copyrighted works to Dr Sharon Kelly retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

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 Sharon Kelly will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Dr Sharon Kelly considers insecure, Dr Sharon Kelly 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 Sharon Kelly reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Dr Sharon Kelly reserves the right to investigate suspected violations of these Terms of Use.

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

These Terms of Use along with any additional terms and conditions included by Dr Sharon Kelly 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 Sharon Kelly with respect to Dr Sharon Kelly’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 Sharon Kelly may revise these Terms of Use at any time by updating this posting.