Last Updated: 05-03-20
Snell Resources makes available certain materials to individuals and businesses who are managing strategic planning, investments, operations, and/or workforce compliance issues, in connection with the social and economic changes brought on by the novel coronavirus pandemic.
Rules, regulations and laws regarding the novel coronavirus pandemic differ from jurisdiction to jurisdiction and are subject to interpretation on a case-by-case basis. Each individual’s and business’s situation gives rise to specific facts and circumstances. Any materials made available by Snell Resources are not designed to be tailored to fit any specific conditions. Furthermore, all information and content contained within such materials is not legal advice and is not guaranteed to be correct, complete or up-to-date. Snell Resources encourages individuals and businesses to consult with a qualified attorney to discuss your specific circumstances.
Snell Resources may make available certain documents prepared by attorneys. We may also introduce you to these attorneys through various methods, including but not limited to: (i) legal plans, (ii) third party attorney directory listings, and/or (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Snell Resources through the performance of any such services.
Neither this website nor any Snell Resources’ materials are intended to create any attorney-client relationship, and does not and will not create an attorney-client relationship between you and Snell Resources. Instead, you are and will be representing yourself, or have separately arranged to be represented by legal counsel, in any legal matter you undertake using Snell Resources’ materials.
1. Acceptance of Terms
By accessing or using and various related websites and services (collectively, the “Website”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you are not at least 18 years of age or do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Website or any features provided on the Website.
By accessing or using the Website, you represent and warrant that you have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website.
These Terms may be revised at any time for any reason, and Snell Resources may provide you notice of these changes by any reasonable means, including by providing notice through the Website. You can determine when we last updated the Website by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Website, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Website to review these Terms. If you do not agree to the revised Terms, you may not access or use the Website.
2. Registration and Personal Data
In order to access and use certain areas or features of the Website, you may need to provide certain information and/or answer certain questions.
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Website. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Website.
By providing information and/or answering questions, you also consent to receive electronic and telephonic communications from Snell Resources (e.g., via phone, email or by posting notices to the Website). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
BY USING SNELL RESOURCES’ SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR EMAIL ADDRESS, PHONE NUMBER OR OTHER PERSONAL CONTACT INFORMATION TO SNELL RESOURCES CONSTITUTES AN INQUIRY TO SNELL RESOURCES, AND THAT SNELL RESOURCES MAY CONTACT YOU, INCLUDING AT ANY NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
3. License to Access and use Materials, Website, and Content
All right, title and interest in and to the materials provided on this Website, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Snell Resources or by our respective third party authors, developers and/or vendors. Except as otherwise expressly provided by Snell Resources, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Website shall be construed to confer any license under any of Snell Resources’ intellectual property rights, whether by estoppel, implication or otherwise. Snell Resources does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Snell Resources. Any rights not expressly granted herein are reserved by Snell Resources.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal or internal business use, or if you are an attorney or other business professional, for use in advising your client. This permission is granted provided that you are fully responsible and liable for any access, use, modification, and/or alternation of any Materials. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. You may not use the Materials for any illegal or unauthorized purpose nor may you, in the use of the Materials, violate any laws in your jurisdiction (including but not limited to copyright laws).
Notwithstanding the foregoing, the Website and all content contained therein, including, without limitation, any Snell Resources logos, designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”), are the property of Snell Resources or our licensors or users, as applicable, and are protected by United States and international copyright and other laws. You do not acquire any ownership interest in the Website or Content under these Terms, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
Such license is subject to these Terms and, except for use of Materials as expressly set forth in this Section 3, does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Website or Content; (b) distribute, publicly perform or publicly display any Content; (c) modify or otherwise make any derivative uses of the Website or Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than page caching) any portion of the Website or Content, except as expressly permitted by us; (f) use the Website to stalk, threaten, or otherwise violate the rights of others, including without limitation, others’ privacy rights or rights of publicity; (g) interfere with the Website or servers or networks used in connection with the Website; or (h) use the Website or Content other than for their intended purposes. You may not access, download, use or export the Website or Content in violation of United States export laws or regulations or in violation of any other applicable laws or regulations.
Any use of the Website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws, and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Snell Resources or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
The Snell Resources logo, and any other Snell Resources product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Website are the property of Snell Resources or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Website shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Snell Resources or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
Where Snell Resources has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Snell Resources may disclose IP addresses, personal information, and any contents of the Website where it is legally compelled to do so.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Snell Resources, the Website or the services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Snell Resources. Snell Resources shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Linked Sites
We have not reviewed all of the websites linked to the Website and are not responsible for the content of any third-party pages, any other websites linked to the Website, or any products or services offered by third parties linked to the Website. Nothing in the Website, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Snell Resources. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Snell Resources reserves the right not to link, or to remove the link, to a particular website at any time.
Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Snell Resources. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
You shall indemnify, hold harmless, and, at Snell Resources’ option, defend Snell Resources from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (collectively, “Losses”) incurred by Snell Resources resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Website, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Website or any of its features. You further agree that Snell Resources shall have control of the defense or settlement of any third party claims, unless Snell Resources exercises its option to require you to defend Snell Resources. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Snell Resources.
THE WEBSITE, CONTENT AND MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW. Snell Resources DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE CONTENT; (C) THE MATERIALS; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE OR MATERIALS. IN ADDITION, Snell Resources HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
Snell Resources DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT OR MATERIALS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE, IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. Snell Resources DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) DISPLAYED ON THE WEBSITE OR CONTIANED IN THE MATERIALS IS ACCURATE, COMPLETE, OR USEFUL. USE OF THE WEBSITE AND ALL MATERIALS IS AT YOUR SOLE RISK. Snell Resources DOES NOT WARRANT THAT USE OF THE WEBSITE OR MATERIALS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Snell Resources SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE WEBSITE AND MATERIALS, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE AND MATERIALS.
10. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Snell Resources BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM Snell Resources, OR FROM EVENTS BEYOND Snell Resources’ REASONABLE CONTROL, SUCH AS WEBSITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, 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 Snell Resources’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Snell Resources ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE EXCEED THE AMOUNT PAID TO Snell Resources FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE Snell Resources’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
11. Arbitration and Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Snell Resources AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND Snell Resources AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Snell Resources agree that any in-person arbitral hearing would occur in the United States, in Phoenix, Arizona. Snell Resources further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the United States Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Snell Resources are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND Snell Resources AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Snell Resources agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
12. Modifications to the Website
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Website (or any features or parts thereof) at any time.
13. Special Admonitions for International Use
This Website is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
15. Governing Law and Jurisdiction
Snell Resources operates the Website from the State of Arizona, United States of America. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Arizona, United States of America, including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply. Except as otherwise provided in Section 18, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state and federal courts in Phoenix, Arizona, United States of America, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Website, if any, and by any other means permitted by law.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Snell Resources at firstname.lastname@example.org. Any notices to you may be made via either e-mail or postal mail to the address in Snell Resources’ records or via posting on the Website. Please report any violations of these Terms to Snell Resources at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
18. Procedure for Making Claims of Copyright Infringement
We expect users of the Website to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Website infringes your copyright, please provide our copyright agent the written information specified below.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Website;
d. Your address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are
authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Snell Resources’ copyright agent for notice of claims of copyright infringement can be reached as follows:
400 E. Van Buren St.
Phoenix, AZ 85004
These Terms constitute the entire agreement between you and Snell Resources relating to your access to and use of the Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Snell Resources. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Snell Resources’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
© 2020 by Snell Resources™