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Terms and Conditions

SEABURY PERFORMANCE WEBSITE TERMS & CONDITIONS
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1. About These Terms
Welcome to Seabury Performance.
These Terms & Conditions set out the conditions that apply to the use of the Seabury Performance website at seaburyperformance.com, including its pages, articles, resources, images, graphics, product information and other content.
By continuing to use the Website, you acknowledge these Terms and agree to comply with the conditions of use set out below where applicable.
Nothing in these Terms excludes, restricts or overrides any right, obligation or legal protection that cannot lawfully be excluded or restricted.
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2. About Seabury Performance
This Website is operated by Seabury Performance.
References to “Seabury Performance”, “SP”, “we”, “us” and “our” mean the person or legal entity operating Seabury Performance.
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3. Permitted Use of the Website
You may use this Website for lawful personal, educational, professional and business purposes.
You must not use the Website:
  • for unlawful, fraudulent or malicious purposes;
  • in a way that infringes our rights or those of another person;
  • to interfere with the operation, availability or security of the Website;
  • to introduce viruses, malware, malicious code or other harmful technology;
  • to attempt to gain unauthorised access to the Website, servers, systems or connected services;
  • to impersonate Seabury Performance, its founder, associates or affiliated organisations;
  • to falsely suggest endorsement, sponsorship, partnership or affiliation;
  • to transmit unlawful, deliberately misleading or malicious material; or
  • in a way that places an unreasonable burden on the Website or its infrastructure.
We may restrict or block access where reasonably necessary to protect our Website, systems, users, intellectual property or legal rights.
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4. Website Content
We take reasonable care to ensure that information published on the Website is accurate and useful.
However, Website content may occasionally contain errors or become incomplete or outdated.
We do not guarantee that every piece of information will always be accurate, complete, current or suitable for a particular purpose.
We may modify, update, suspend or remove Website content without notice.
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5. Professional and Educational Disclaimer
Seabury Performance operates across psychology, human performance, sport, research, training, education and consultancy.
Unless expressly stated otherwise, publicly available Website content is provided for general informational and educational purposes only.
It does not constitute personalised psychological, medical, psychiatric, legal, financial or other regulated professional advice.
Accessing the Website, reading its content, downloading a publicly available resource or contacting Seabury Performance does not by itself establish a psychologist-client, consultant-client, researcher-participant or other professional relationship.
Professional engagements with Seabury Performance are governed by separate agreements, scopes of work, consent arrangements or other terms where appropriate.
You should obtain appropriate professional advice where your individual circumstances require it.
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6. No Guarantee of Results
Human and organisational performance is affected by many factors.
Examples, frameworks, case studies, recommendations, testimonials and descriptions of previous work do not guarantee that another individual or organisation will achieve identical or similar outcomes.
Results should always be understood within their particular context.
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7. Case Studies and Testimonials
We may publish case studies, testimonials, examples of work or descriptions of previous projects where we have an appropriate basis to do so.
Information may be anonymised, generalised or adapted where appropriate to protect confidentiality.
Testimonials reflect the experiences or opinions of the individuals or organisations concerned and are not guarantees of future outcomes.
Unless expressly stated otherwise, reference to a client, organisation, sector or project does not imply an ongoing relationship, sponsorship or endorsement.
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8. Products and Third-Party Retailers
The Website may display books, journals, playbooks, educational materials and other products created by or associated with Seabury Performance.
Unless expressly stated otherwise, these products are not sold directly through this Website.
Links may direct you to independent third-party retailers, including Amazon.
Where you follow such a link and make a purchase, the transaction is between you and the relevant retailer and is subject to that retailer's applicable:
  • terms and conditions;
  • prices;
  • payment arrangements;
  • delivery arrangements;
  • cancellation and returns policies;
  • customer-service arrangements; and
  • privacy practices.
Seabury Performance is not responsible for the independent operation of third-party retail platforms.
Availability and third-party prices may change without notice.
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9. Affiliate Links
Some external links may be affiliate links where clearly identified.
Where Seabury Performance receives or may receive a commission or other commercial benefit from a link or recommendation, appropriate disclosure will be provided where required.
Use of an affiliate link does not increase our control over the relevant retailer or transaction.
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10. Product Information and Images
We take reasonable care to describe our products accurately.
Website images may include photographs, digital representations or illustrative mock-ups.
Colours, proportions and appearance may differ slightly according to screen settings, printing, manufacturing or presentation.
Where a product is purchased from a third-party retailer, you should review the final product information provided by that retailer before purchasing.
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11. External Links
The Website may contain links to independent websites, publications, social-media platforms, retailers and other services.
Links are provided for information or convenience and do not necessarily constitute endorsement, approval, affiliation or partnership.
We do not control third-party websites and are not responsible for their independent content, security, availability, products, services, terms or privacy practices.
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12. Website Availability and Security
We aim to maintain a reliable and secure Website but cannot guarantee continuous, uninterrupted or error-free access.
The Website may occasionally be unavailable because of maintenance, security measures, technical issues, hosting problems or circumstances outside our reasonable control.
We do not guarantee that the Website will be free from every virus, vulnerability or harmful component.
You are responsible for maintaining appropriate security protection on your own devices and systems.
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13. Intellectual Property
Unless expressly stated otherwise, original content created by Seabury Performance and made available through this Website is owned by or licensed to Seabury Performance.
This includes, where applicable:
  • written content and articles;
  • educational materials;
  • research summaries;
  • frameworks and models;
  • diagrams and graphics;
  • original images and illustrations;
  • downloadable resources;
  • training materials;
  • worksheets and presentations;
  • product content;
  • page designs;
  • branding;
  • logos;
  • names; and
  • other original creative material.
Such material may be protected by copyright, trade mark, database rights and other intellectual property rights.
All applicable rights are reserved.
Public availability of material does not place it in the public domain or create a general licence to copy, extract, reproduce, analyse, republish or commercially exploit it.
Where applicable, the moral rights of individual authors and creators are asserted under the Copyright, Designs and Patents Act 1988.
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14. Permitted Use of Our Content
You may:
  • access and read publicly available content;
  • use it for legitimate personal or internal professional reference;
  • share ordinary links directing people to our Website; and
  • make limited quotations or other uses where permitted by applicable law.
Except where permitted by law or authorised by us in writing, you must not:
  • substantially reproduce Website content;
  • republish articles or resources;
  • distribute protected materials;
  • upload our protected content to another platform or database;
  • sell or license our content;
  • remove copyright, authorship or attribution information;
  • present our work as your own;
  • reproduce proprietary resources for unauthorised commercial use;
  • create unauthorised commercial derivatives; or
  • incorporate protected material into competing products or services.
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15. Screenshots and Sharing
We welcome legitimate sharing of links to our work.
Limited screenshots or extracts may be used where permitted by law for genuine commentary, discussion or reference, with appropriate attribution where applicable.
You must not use screenshots or extracts to reproduce substantial portions of articles, resources or products in a manner that substitutes for accessing the original material.
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16. Seabury Performance Brand
The Seabury Performance name, SP identity, logos, product branding and distinctive brand assets may be protected by intellectual property rights.
You must not use them in a manner that falsely suggests endorsement, affiliation, partnership or sponsorship, impersonates Seabury Performance, misleads people about the origin of goods or services, or otherwise infringes our rights.
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17. Automated Access, Crawling and Scraping
Seabury Performance expressly reserves its rights concerning automated access to this Website.
Except where authorised by Seabury Performance or where an activity cannot lawfully be restricted, automated access for systematic extraction, monitoring, reproduction, analysis or commercial processing is prohibited.
To the fullest extent permitted by law, you must not use or instruct crawlers, spiders, scrapers, bots, automated browsers, software agents, computer-vision systems, image-recognition systems, monitoring technologies, data-mining systems, artificial intelligence systems or comparable automated technologies to systematically access, capture, download, fingerprint, copy, extract, analyse, monitor or process Website content without prior written permission.
This includes automated activity undertaken for:
  • commercial monitoring;
  • copyright or image monitoring;
  • reverse-image analysis;
  • automated rights-enforcement systems;
  • commercial claims-generation;
  • systematic screenshot capture;
  • content surveillance;
  • data aggregation;
  • dataset creation;
  • competitive intelligence;
  • image or text extraction;
  • text and data mining;
  • artificial intelligence or machine learning;
  • model training, fine-tuning or evaluation;
  • retrieval-augmented generation;
  • embedding generation;
  • vector database creation;
  • synthetic-data generation; or
  • development or operation of commercial products or services.
Public availability does not constitute consent to automated extraction or processing.
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18. Artificial Intelligence and Machine Learning
To the fullest extent permitted by applicable law, Seabury Performance expressly reserves all applicable copyright, database and other rights concerning use of Website content for text and data mining, artificial intelligence and machine learning.
Except where an applicable statutory right or exception cannot lawfully be excluded, we do not consent to Website content being copied, extracted, ingested or processed for:
  • AI training;
  • machine-learning training;
  • fine-tuning;
  • model evaluation or benchmarking;
  • training datasets or corpora;
  • generative AI datasets;
  • embeddings;
  • vector databases;
  • commercial knowledge bases;
  • synthetic training data; or
  • AI-enabled commercial products or services.
No licence for such activities arises merely because content is publicly accessible.
Nothing in these Terms attempts to prevent an activity that applicable law expressly permits and does not allow us to restrict.
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19. Search Engines
We may permit conventional search-engine crawlers to access publicly available pages for the limited purpose of indexing those pages and displaying ordinary search results that direct users back to this Website.
Permission for ordinary search indexing does not constitute permission for AI training, dataset creation, commercial monitoring, content reproduction, rights-enforcement monitoring or other secondary processing.
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20. Technical Access Restrictions
Technical mechanisms used to communicate or enforce automated-access restrictions must be respected to the extent permitted by law.
These may include:
  • robots.txt;
  • crawler directives;
  • metadata;
  • machine-readable rights reservations;
  • rate limits;
  • bot detection;
  • access controls; or
  • IP restrictions.
You must not deliberately circumvent such restrictions through user-agent manipulation, IP rotation, proxy services or comparable methods for the purpose of obtaining unauthorised access.
The absence of a technical block does not constitute consent.
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21. Commercial Rights-Monitoring Services
Seabury Performance does not grant permission to commercial copyright-monitoring, image-monitoring, rights-enforcement or automated claims-generation services to crawl, scrape, download, fingerprint, capture, analyse or systematically monitor Website content without prior authorisation, except where such activity cannot lawfully be restricted.
A third party claiming to represent a rights holder does not, by that fact alone, receive authorisation from Seabury Performance to conduct automated access.
Nothing in this section prevents a genuine rights holder or properly authorised representative from contacting us regarding a legitimate intellectual property concern.
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22. Intellectual Property Claims
We respect the intellectual property rights of others.
If you believe material displayed on this Website infringes rights that you own or are authorised to enforce, please contact us with sufficient information for the matter to be properly investigated.
A claim should include:
  • the claimant's full identity and contact details;
  • the identity of the relevant rights holder;
  • identification of the work or right concerned;
  • the precise Website URL;
  • identification of the material complained of;
  • evidence reasonably supporting ownership;
  • where applicable, evidence of authority to act for the rights holder;
  • where relevant, identification of the original source;
  • the factual and legal basis of the allegation;
  • the nature of the alleged infringement; and
  • the remedy requested.
We may request additional information reasonably necessary to assess a claim.
Where a demand includes a retrospective licence fee, settlement demand, damages calculation or other monetary amount, we may request evidence explaining the basis of that amount.
Where reasonably appropriate, we may request that communications concerning an alleged infringement are made or confirmed in writing and supported by sufficient documentation before a substantive response is provided.
Receipt, acknowledgement, investigation or voluntary removal of disputed material does not constitute an admission of infringement, ownership, agency, liability, damages, licence terms or acceptance of any monetary demand.
We reserve all applicable rights in relation to disputed, incomplete or inadequately substantiated claims.
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23. User Communications and Submissions
Where you submit an enquiry, message, feedback or other information, you are responsible for ensuring that it is lawful and that you are entitled to provide it.
You must not knowingly submit unlawful or malicious material, content infringing another person's rights, deliberately false information, malware or harmful code.
Submitting an enquiry does not oblige Seabury Performance to accept an engagement or provide services.
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24. Privacy
Personal information is processed in accordance with our separate Privacy Notice.
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25. Cookies and Similar Technologies
The Website may use cookies and other storage and access technologies.
Further information is provided in our separate Cookie Notice and through our cookie-preference controls where applicable.
Consent to cookies or similar technologies is not obtained merely through acceptance or use of these Terms.
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26. Limitation of Liability
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
Subject to applicable law, Seabury Performance does not accept responsibility for losses arising solely from:
  • temporary Website unavailability;
  • reliance upon general Website information as a substitute for appropriate professional advice;
  • independent third-party websites or services;
  • circumstances outside our reasonable control; or
  • use of the Website contrary to these Terms.
To the fullest extent permitted by law, we will not be liable to business users for indirect or consequential loss arising solely from use of this Website.
Nothing in these Terms affects statutory consumer rights or any liability that cannot legally be excluded or limited.
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27. Events Outside Our Reasonable Control
We will not be responsible for failures or delays caused by circumstances outside our reasonable control, subject to applicable legal obligations.
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28. Changes to the Website and These Terms
We may change, suspend or withdraw Website content or functionality where reasonably necessary.
We may also update these Terms to reflect changes to our Website, activities, technology, law or regulatory guidance.
The current version will be published on this page with its latest revision date.
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29. Severability
If any part of these Terms is found to be invalid or unenforceable, it will be modified or removed only to the extent necessary.
The remaining provisions will continue to apply.
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30. No Waiver
Failure to immediately enforce a right under these Terms does not constitute waiver of that right.
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31. No Partnership or Agency
Nothing in these Terms creates a partnership, employment relationship, joint venture or agency relationship between a Website user and Seabury Performance.
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32. Separate Professional Agreements
These Terms govern general use of the Website.
Consultancy, psychology, research, training, coaching and other professional engagements may be subject to separate agreements.
Where a separate written agreement applies to a professional engagement, that agreement governs the relevant engagement.
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33. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales.
For business users, the courts of England and Wales will have exclusive jurisdiction unless otherwise agreed.
Consumers retain any mandatory rights concerning governing law or jurisdiction that cannot lawfully be excluded.
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34. Contact
For questions concerning these Terms, permission to use our content, automated-access permissions or intellectual property concerns, contact:
Seabury Performance
Website: seaburyperformance.com
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