Welcome to the Terms of Use for www.hankmarquis.com and any related websites and information, data, images, process descriptions, or services therein (the "Websites"), each a property of Hank Marquis ("Hank Marquis," "we," "I," "my," "our" or "us").
I make available the Websites and all sub-domains, "Writings" (books, articles, blog posts, emails, and other forms of written or verbal communication) and "Data" (including, without limitation, product and service feedback suggestions or corrections) to help people measure and diagnose product and service fitness for purpose and use, collectively, my "Services."
The following terms of use ("Terms of Use") govern your use of the my Services and and future Services I might provide. You access the Websites of your own free will and take the information provided at your own risk. It is vitally important that you read the Terms of Use carefully as your use of the Websites and the services and goods provided through our Websites will constitute your agreement to be legally bound by the terms and conditions outlined in these Terms of Use. If, for any reason, you do not agree to these Terms of Use in their entirety, you may not use the Websites or the services provided by the Websites.
We may amend these Terms of Use from time to time. If you continue to use the Websites after the amendments become effective, you have agreed to be bound by the Terms of Use as amended. If you disagree with the amended Terms of Use, you agree not to use the Websites.
THESE TERMS OF SERVICE MAKE A LEGALLY BINDING AGREEMENT. SHOULD YOU NOT UNDERSTAND OR DISAGREE WITH THIS AGREEMENT, BEING BOUND BY IT, OR THE PRIVACY & COOKIE POLICY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE AND MUST IMMEDIATELY LEAVE THE SITE. BY ACCESSING OR USING THE SITE, SERVICES, OR SOFTWARE, YOU CONFIRM THAT: YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, YOU ARE USING THE SITE, SERVICES, OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN). YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. AND YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
Copyright Policy. Unless otherwise noted, Hank Marquis is the legal copyright holder of the Websites, and all material is © 2024 Hank Marquis. See Copyright Notice for my info.
Warranties and Disclaimers. Any opinions expressed at the Websites or Services by Hank Marquis are my personal opinion and not the opinion of any employer, past or present. My views are subject to change without notice and reflect my opinion as of the original publication date. Comments or opinions expressed by others on the Websites are their own and do not necessarily represent the views or endorsement of Hank Marquis. The Websites and Services are available for your research and investigation and are provided for educational and entertainment use only. You use the Websites at your own risk. No claims of any sort are made or inferred concerning using the Websites or Services.
No client relationship. I'm an active C-level information technology leadership advisor, but I'm not your advisor. Visiting my Websites, reading my writings, and any communications we have doesn't create a client relationship between us, so check with your advisors before taking any action based on my Services. Unless otherwise credited, stories in my works are "reality fiction" — condensed, realistic, and illustrative examples of common IT problems and subsequent solutions based on my career working with thousands of individuals at hundreds of firms spanning decades. Any similarity to any person, satisfied or dissatisfied, is entirely coincidental. We provide my Services using reasonable skill and care. There are certain things that I don't promise about my Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER I NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, I DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. I PROVIDE THE SERVICES AND INFORMATION "AS IS." SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, I EXCLUDE ALL WARRANTIES.
Hold harmless. The Websites are provided on an "as-is" basis. Hank Marquis and/or any affiliates, officers, directors, employees, employers, partners, representatives, contractors, or successors shall not be liable for any damages whatsoever arising out of the use or misuse of the Websites.
Privacy statement. Hank Marquis will not sell your contact information to another company, unless the ownership of the Websites change. Hank Marquis is not responsible for the privacy practices of advertisers, blog comments, or any other contributor or affiliate related to the Websites.
Reserve rights. Hank Marquis reserves the right to change the focus, shut down, sell, or change the Terms of Use (including but not limited to going to a paid platform) of any part of the Websites at his sole discretion.
Advertisers and sponsors. Hank Marquis is not responsible for the actions of advertisers or sponsors. If you purchase a product or service based upon a link from the Websites, you must take action with that company to resolve the issue, not Hank Marquis.
Content submitted. I welcome your feedback. If you want to send feedback, use the contact page. Any communications (including but not limited to unsolicited idea submissions, feedback, letters, BLOG comments, emails, tweets, telephone calls, related communications, etc.) become the property of Hank Marquis. By submitting, posting, or displaying any content on or to the Websites, including, without limitation, articles, reviews, tips, feedback, job postings, and messages or comments via our public forum and blogs (regardless of the form or medium of such content, whether text, videos, photographs, audio or otherwise), you grant Hank Marquis and any affiliates, agents and third party contractors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, display, publish, publicly perform, publicly display and distribute any content you submit to the Websites. You agree that:
Confidentiality. Any feedback you provide via the Websites or otherwise is non-confidential. Hank Marquis shall be free to use such information on an unrestricted basis.
HANK MARQUIS DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW OR IMPROVED PRODUCTS OR TECHNOLOGIES, PRODUCT ENHANCEMENTS, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SUBMIT ANY UNSOLICITED IDEAS, ORIGINAL CREATIVE ARTWORK, SUGGESTIONS, OR OTHER WORKS ("SUBMISSIONS") IN ANY FORM. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN WEBSITES AND/OR PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED BY YOU. IF, DESPITE THIS REQUEST THAT YOU NOT SEND HANK MARQUIS YOUR IDEAS, YOU STILL SUBMIT THEM, THEN REGARDLESS OF WHAT YOUR LETTER SAYS, THESE TERMS OF USE SHALL APPLY TO YOUR SUBMISSIONS. PLEASE PROVIDE ONLY SPECIFIC FEEDBACK ON EXISTING PRODUCTS OR MARKETING STRATEGIES; DO NOT INCLUDE ANY IDEAS THAT THESE TERMS OF USE WILL NOT PERMIT.
Using my Services. You must follow any policies made available to you within my Services. I can charge for some of my Services. Others might be free of charge. Don't misuse my Services. For example, please don't interfere with my Services or try to access them using a method other than the interface and instructions I provide. You may use my Services only as the law permits, including applicable export and re-export control laws and regulations. At any time, I may suspend or stop providing my Services if you don't comply with my terms or policies or if I'm investigating suspected misconduct. Using my Services does not give you ownership of any intellectual property rights in my Services or the content you access. You may not use content from my Services unless you obtain permission from its owner or permitted by law. These terms don't grant you the right to use any branding or logos in my Services. Don't remove, obscure, or alter any legal notices displayed in or with my Services. Some of my Services can display some content that isn't mine. This content is the sole responsibility of the entity that makes it available. In connection with your use of the Services, I may, at any time, send you service announcements, administrative messages, and other information at my sole discretion. You may opt out of some of those communications.
Linking to My Site. I must approve all links to this Web site in writing unless the pages you link to do not:
As a further condition to being permitted to link to this site, you agree that I may, at any time, in my sole discretion, terminate permission to link to my site. If I do, you agree to remove all links immediately and to cease using any of my trademarks.
Liability for My Services. WHEN PERMITTED BY LAW, I AND MY SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA OR FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, AND OF OUR SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID ME TO USE THE SERVICES (OR, IF I CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, I, AND MY SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES BASED ON YOUR USE OF MY SERVICES.
Professional uses of my Services. If you are using my Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify me and my affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.
About these Terms. We may modify these terms or any other terms that apply to a Service to, for example, reflect changes to the law or my Services. It would be best if you looked at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after broadcast on my website. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don't agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control that conflict. These terms control the relationship between you and me. They don't create any third-party beneficiary rights. If you don't comply with these terms and I don't take action immediately, it doesn't mean I'm giving up any rights I may have (such as taking action in the future.) If a particular term is not enforceable, it won't affect any other terms. New Hampshire, U.S.A. laws will apply to any disputes arising from or relating to these terms or the Services. We will litigate all claims arising from or relating to these terms or the Services. Such litigation will occur exclusively in the federal or state courts of Grafton County, New Hampshire, USA. You and I consent to personal jurisdiction in those courts.
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Got questions? Please don't hesitate to contact me via email, or connect and chat with me directly on LinkedIn