I am delighted that you are visiting my blog and hope that you will find the discussion and information useful and thought provoking. My goal is to provide an open and neutral forum for the exploration of various aspects of business turnarounds and workouts.
I hope that you enjoy blogging at The Turnaround Blogger ™ and that you will find the content useful.
The Turnaround Blogger ™ (www.reneefellman.com/blog) is intended to provide a forum for the discussion of ideas, concepts, and trends associated with business turnarounds and workouts. You and other Users of the Site have access to postings and discussions on topics of interest to companies in various economic, management, or other transition situations in which they might benefit from brainstorming with folks who have worked at and/or advised businesses in similar situations and an archive of prior postings that allows you to search prior discussions in the area. Blog entries are posted by people around the world, and represent a diversity of perspectives, experiences, and approaches to issues that may be of interest to You.
In addition to being a place for you to read other people’s ideas relating to business workouts and the implementation of strategies to turn around and improve businesses, The Turnaround Blogger ™ is also a platform for you to share your ideas with others. By accepting Your Content for Posting, The Turnaround Blogger ™ provides a platform for Your expression of Your ideas to others. In return for my Posting of Your Content for any period of time, You agree to grant the license to me described in section 5 hereof. I invite you to comment on The Turnaround Blogger ™ posts, as well as submit your own articles and other Content for Posting (see section 4 of these Terms).
These Terms apply to two types of users of the Site. The first is casual visitors to the Site who access the Site to receive information and view Content (“Users”). The second is persons who, through their submissions to The Turnaround Blogger TM, contribute to the expansion of the wealth of information available at ReneeFellman.com. (“Contributors”). Unless otherwise indicated, these Terms apply to all visitors of the Site, including both Contributors and Users. A person who submits Content or other material to the Site that is Posted will thereafter have two separate relationships to the Site. They will be a Contributor with respect to their material, and bound by the relevant Terms (such as the license in section 5, etc.) with respect to that material. With respect to other Contributors’ materials, however, they will be a User, like any other User of the Site. Most of these Terms are relevant to both “Contributors” and “Users,” but some terms are relevant to only Contributors.
THESE TERMS AND CONDITIONS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (“Terms”) ARE A BINDING CONTRACT BETWEEN YOU (“You”) AND (“Me.”). BEFORE USING THE RENEEFELLMAN.COM WEBSITE AND THE “THE TURNAROUND BLOGGERTM” BLOG (collectively, the “Site”), PLEASE READ THESE TERMS RELATING TO YOUR USE OF THE SITE CAREFULLY.
For Contributors, such modifications will be effective with respect to any blog postings made after the posting of the modified Terms to the Site. Contributor agrees that the pre-existing license to all of such Contributor’s previously contributed Content shall continue notwithstanding any such change in the Terms.
You may use the Site only when and as available. I reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to the Site (or any part thereof) without notice. I may temporarily or permanently remove any part or all of Your Content from the Site, including without limitation a removal of Content pursuant to section 21. I will not be liable to You or any third party for any such modification, suspension, discontinuance, or removal and any such action by me will not affect my license to Your Content.
This Site is intended for use by persons who are at least 18 years old. By using the Site, You are representing and warranting that You are at least 18 years old. If You are under 18 years old, do not use this Site. I reserve the right to refuse access to the Site to anyone for any reason at any time.
Subject to these Terms, I allow Contributors to submit blog entries and other Content (as defined below) for display, publication, and distribution (such submission, whether or not selected for inclusion in the blog, is called “Posting” herein) to and through the Site concerning issues that may be of interest to visitors to the blog. By Posting Content on the Site, You warrant and represent that (a) You own all rights in Your Content, or alternatively that You have acquired all necessary rights in Your Content to enable You to grant to me the rights in Your Content described herein and for me to exercise the rights granted with respect to such Content under Section 5; (b) You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your Content; (c) You are the individual pictured, depicted, and/or heard in Your Content, or, alternatively, You have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your Content to grant the rights to me described herein; (d) You will make such permissions available to me upon request; and (e) Your Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that Your Content does not violate any of the foregoing representations and warranties and to make such records available upon my request all without the violation of any other person’s intellectual property or other rights or of any laws or regulations.
You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.
You retain ownership of Your copyrights and Your other intellectual property and proprietary rights in Your Postings to the blog [and any other articles and other text or writings, audio, video or digital recordings, pictures, photographs, graphics, music and sound clips, image, likeness, information, data, diagrams, software, graphics, or other works of any type in any media that are created by You and are posted, linked to or otherwise presented through the blog. (collectively “Content”) (including each version of any Content You submit), subject to the non-exclusive rights that You grant as described in these Terms. These Terms do not prevent You from granting similar rights to others.
In consideration of my providing content for you without charge , accepting your Posting of Content to the Site for any period of time, and for other good and valuable consideration set forth in these Terms, You grant me a perpetual, worldwide, irrevocable, royalty-free, transferable, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display, and create derivative works of the Content (including without limitation any other Content that you previously provided to me), and any other submission, comment or feedback that you submit to me in any manner, in any form, media, or technology now known or later developed, to make, have made, import, and sell the Content, and to sublicense all of the foregoing rights (including (i) the right to grant further such sublicenses and (ii) all such other rights as are necessary to enable me to grant the rights to other Users pursuant to section 10 and other terms hereof). You acknowledge and agree that either your username or your actual name (it is your choice at the time that you register) will be posted along with your Content. You agree that it is within my discretion to decide whether or not to include Your Content (in whole or in part) in the online blog presented to other Users, and that such decision shall not affect its rights under the license that You grant pursuant to these Terms. You agree that the license rights under these Terms will not be affected by and will survive any termination of these Terms.
You agree not to submit, upload, Post or otherwise transmit to the Site any Content or any other materials whatsoever that is or, in my sole discretion, could appear to be: (a) untrue, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) false or misleading information; (e) considered unsolicited, undisclosed or unauthorized advertising; (f) containing or appearing to contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (g) containing data or information that You obtained through access that was not authorized by the data owner or with respect to which such submission or Posting would constitute unauthorized use; or (h) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) access or use the Site or any service on the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by me), or other than in full compliance with these Terms; (b) access, tamper with, or use services or areas of the Site that You are not authorized to access; (c) alter information on or obtained from the Site; (d) tamper with Postings, registration information, profiles, submissions or Content of other users; (e) use any robot, spider, scraper or other automated means or interface not provided by me to access the Site or extract data or gather or use information, such as email addresses, available from the Site to transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (f) frame any part of the Site, or link to the Site, or otherwise make it look like You have a relationship to me or that I have endorsed You or Your Content for any purpose except as expressly permitted in writing by me; (g) impersonate or misrepresent Your affiliation with any person or entity, (h) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (h) send to or otherwise impact me or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact the Site or any recipient; (i) take any action which might impose a significant burden (as determined by me) on Site infrastructure; or (j) interfere with the ordinary operation or mission of the Site.
Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not mine. I neither endorse nor am responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than me.
I am under no obligation to restrict or monitor Site Content in any way. However, I have the right (but not the obligation) in my sole discretion to reject or remove any Content, including any Content that violates these Terms or is otherwise determined, in my sole and exclusive discretion, to be described in section 6(a) through 6(h), or that infringes or is alleged to infringe intellectual property rights. Please see section 21, which provides contact and other information regarding the Site’s copyright agent who may be notified of claimed infringement. YOU UNDERSTAND AND ACKNOWLEDGE THAT I DO NOT MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. I do not inquire as to a Contributor’s motivation in posting content, and Contributors may include individuals who receive compensation from other parties for promoting their goods or services, including promotion through the Posting of Content on my Site.
You should assume that all Content on the Site is protected by trademark law, copyright law, patent law, and other proprietary rights protections, unless otherwise noted. I grant You a limited, nonexclusive license, under the rights I have in the Content, to use the Content for Your own personal, noncommercial purposes, to make a reasonable number of copies of the Content as needed for that use, and to use the “share” function provided under each post on theturnaroundblogger.com. I reserve all other rights in the Content, on my own behalf and the behalf of my licensors (including Contributors), and I do not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to You under these Terms. Other than as permitted in this paragraph, ou may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from me or the Contributor or other third-party owner of the rights in that Content (if any).
Your privacy, and the privacy of all users of www.reneefellman.com and www.reneefellman.com/blog is very important to me. This privacy statement explains what information I gather from you and how it may be used by me. If you have any questions, please contact me.
If you visit www.reneefellman.com or www.reneefellman.com/blog, I collect your e-mail or website address. If you post a comment or other Content to www.theturnarounddblogger.com, I ask for and store the contact information you provide (which includes your name, email, website and the text of your comment) so that I can contact you regarding your post. I also collect the IP address of the computer from which your blog post was sent. I will not knowingly collect or use personal identifying information from children younger than 13 without parental consent.
I do not intend to share the information that I collect with any third parties for marketing or cross selling purposes. This information is used for business contacts only. When you post a comment on www.reneefellman.com/blog, I include the name you provide with your comment. Also, in my discretion, I may want to include some part of your contact information for attribution purposes in a future book or other project. I may also disclose (and reserve the right to do so) aggregate information that does not personally identify you, and information that I am required to disclose by law.
This privacy statement applies only to www.reneefellman.com. and www.reneefellman.com/blog. You should be aware that through links you may be directed to other sites that I do not control. I have no control over the privacy policies or practices of these other sites, and I am not responsible for the privacy practices or the content of web sites to which -other blog posters or I link, list, rank or identify by means of a search. I encourage you to be aware when you are leaving my site and to read the privacy policies of each web site you visit.
Your rights under these Terms automatically terminate if You violate any part of these Terms. After termination, You are no longer authorized to access or otherwise use the Site or Site Content. You agree that I may terminate these Terms with or without cause or notice at any time or terminate Your access to the Site without prior notice. If applicable law requires me to provide notice of termination or cancellation, I may give prior or subsequent notice by Posting it on the Site. You will still be liable for any obligations incurred before the Terms end. If You use the Site after such termination, that use will be Your new agreement to the Terms. The Sections numbered 4,5,8,9,11, 14,15,16,17,18,19,20, and 23will survive termination of these Terms. Without canceling the Terms, I may suspend or block Your access to the Site or remove any Content whenever it appears to me that You might be breaching these Terms or otherwise about to cause harm or damage to me or others, and You agree that I will not be liable for any damages associated with any such action.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You waive any claim against me 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 merchants or advertisers on the Site.
You agree to indemnify, defend and hold me harmless from and against any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party arising out of Your use of the Site, the Site Content or Your violation of these Terms.
YOU USE THE SITE AND SITE CONTENT AT YOUR OWN RISK. THE SITE AND SITE CONTENT MAY NOT BE ACCURATE OR ERROR-FREE, WORK FOR YOUR PARTICULAR SITUATION, OR BE SUITABLE OR APPROPRIATE FOR YOU. I STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE SITE CONTENT. I DO NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE OR THAT IT OR THE SERVERS THAT OPERATE IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I urge You to keep backup copies of Content or other material, if any, that You maintain on or use with the Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, I are not responsible for those costs.
Without limiting the foregoing, YOU AGREE THAT THE SITE AND SITE CONTENT, SERVICES AND FUNCTIONALITY (“COMPLETE SITE”) ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. I DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, I DISCLAIM ALL WARRANTIES, DUTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY CONCERNING THE SITE AND SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, (A) ANY IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, RESULTS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, PRIVACY OR SECURITY OF INFORMATION AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. I FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, THAT DUTY SHALL BE MEASURED BY INTENTIONAL MISCONDUCT. THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. I MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR SITE CONTENT. I MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. YOU EXPRESSLY WAIVE ALL DUTIES AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT I WILL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOST PROFITS, REVENUE, OR DATA, LOSS OF PRIVACY, OR SECURITY OR LOSS, UNAUTHORIZED ACCESS TO OR MISUSE OF DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE TERMS OR COMPLETE SITE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, GENERAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT I KNOW OF THE POSSIBILITY OF SUCH DAMAGE.
If You have a dispute of any kind with one or more users of the Site, You agree to release me from any claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees of every kind and nature, known and unknown, arising out of or in any way connected with any dispute. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
To the extent that you provide Content, You and I are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
My Site is protected by intellectual property laws and You agree to respect them. All rights not expressly granted to You are reserved. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a notice to my copyright agent. It is my policy to terminate in appropriate circumstances any (if any) right of access for repeated infringement, and I also reserve the right to terminate for even one infringement. I respect the intellectual property rights of others and require that the people who use the Site do the same. If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, You may notify me by providing my copyright agent with the following information in writing:
My designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) can be reached at Ruth Beyer, Stoel Rives, 900 SW Fifth Ave., Suite 2600, Portland, OR 97204, rbeyer(at)Stoel.com.
Except as otherwise provided in these Terms, I will give You any notices by posting them on the Site. You authorize me to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if I decide, in my sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site. I may provide notice to any e-mail or other address that I have on file. You agree to keep Your address current. My Address for Legal Notices is Ruth Beyer, Stoel Rives, 900 SW Fifth Ave., Suite 2600, Portland, OR 97204 U.S.A. If a law requires me to accept email notice notwithstanding the foregoing, call me at 503-223-6300 for my address established for receipt of such notices.
This Site is provided by Renee Fellman. My e-mail address is renee(at)reneefellman.com. I do not charge You for merely visiting my Site. If You want to receive the information about my name and address by email, or if You have a complaint about my Site or want more information about the Site, please use the “contact Renee” link on www.reneefellman.com/blog.
a. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content by certain persons or in certain countries may not be legal.
b. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
c. No Assignment. These Terms are personal to You and You may not transfer, assign or delegate these Terms to anyone without my express written permission. Any attempt by You to assign, transfer or delegate these Terms without my express written permission will be null and void.
d. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by me from my offices within the United States of America and is directed to U.S. users. If You choose to access this Site from locations outside the U.S. You do so at Your own risk and You are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Complete Site will be governed by the laws of the State of Oregon, U.S.A., without regard to its conflicts of law provisions. You and I agree to submit to the personal and exclusive jurisdiction of the courts located within Multnomah County, Oregon. Any disputes regarding such claims or arising under or related in any way to the Entire Agreement or the Complete Site shall be heard exclusively in the appropriate forum in Oregon. You hereby consent to jurisdiction in a state or federal court sitting in Portland, Oregon and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized Oregon or federal law. Limitations on Actions. Any action concerning any dispute You may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
f. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
h. No Waiver. My failure to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or my right to act with respect to subsequent or similar breaches. I suggest that You print out a copy of these Terms for Your records.
Various laws require or allow me to give users of this Site certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link
NOTICE REGARDING COPYRIGHT OWNERSHIP: Renee Fellman
If You have a complaint, You may contact me at Ruth Beyer, Stoel Rives, 900 SW Fifth Ave., Suite 2600, Portland, OR 97204. If You are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
NOTICE RE COPYRIGHT OWNERSHIP: © Renee Fellman All rights reserved.
As used herein, “Content” means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site. All Content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by me or my licensors. No Content may be copied, distributed, republished, uploaded, Posted or transmitted in any way except pursuant to the express terms of the Terms or with my prior non-electronic consent. Modification or use of the materials for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users – all title and rights remain with me.
Last updated: April 2, 2009