The following
describes the Terms of Service Conditions of Use for our website.
PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY
ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE.
IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR
WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT
INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR
WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR
WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS,
ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND
CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT
LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this
website, you agree to obey these Terms of Service and Conditions of
Use. Please read them carefully.
Our website (and
other “internal” websites stemming from it, such as specific
membership sites or webpages pertinent to the main website or
weblog) is an online (and, periodically, offline) information
service and is subject to your compliance with the terms and
conditions set forth below (all parts and parties collectively
referred to as our website).
Any other
policies, notices, or other legal/administrative pages contained in
our website are necessarily incorporated into these Terms of Service
and Conditions of Use. This may include, without limitation, a DMCA
Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam
Policy, and FTC Compliance Policy.
You agree to obey
all applicable laws and regulations regarding your use of our
website and the content and materials provided in it.
Our website is an
independent, stand-alone entity that has no relationship,
connection, or affiliation whatsoever with any company, person,
outfit, organization, or group mentioned herein, even if such name
appears in our website name, domain, URL, or otherwise. You should
assume no other party, by mere mention of their name, has endorsed
anything you see here. The aim is simply to provide useful resources
for our readers, some of which we may be compensated for. You should
simply assume at all times we are being compensated and, while that
may not prompt us to make unsound recommendations, you should always
be responsible for your own financial decisions, be it investing,
purchasing, donating, or otherwise.
1. Copyright,
Licenses and Idea/User Submissions.
The following
describes the Copyright Notice for our website.
The entire
contents of our website are protected by intellectual property law,
including international copyright and trademark laws. The owner of
the copyrights and/or trademarks are our website, and/or other third
party licensors or related entities.
You do not own
rights to any article, book, ebook, document, blog post, software,
application, add-on, plugin, art, graphics, images, photos, video,
webinar, recording or other materials viewed or listened to through
or from our website or via email or by way of protected content in a
membership site. The posting of data on our website, such as a blog
comment, does not change this fact and does not give you any right
in the data. You surrender any rights to your content once it
becomes part of our website.
YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright
and other proprietary notices contained in the original content on
any copy you make of the content. You may not sell or modify the
content or reproduce, display, publicly perform, distribute, or
otherwise use the content in any way for any public or commercial
purpose. The use of paid content on any other website or in a
networked computer environment for any purpose is prohibited. If you
violate any of the terms or conditions, your permission to use the
content automatically terminates and you must immediately destroy
any copies you have made of the content.
You are granted a
nonexclusive, nontransferable, revocable license to use our website
only for private, personal, noncommercial reasons. You may print and
download portions of material from the different areas of the
website solely for your own non-commercial use, provided that you
agree not to change the content from its original form. Moreover,
you agree not to modify or delete any copyright or proprietary
notices from the materials you print or download. Also note that any
notice on any portion of our website that forbids printing &
downloading trumps all prior statements and controls.
As a user, you
agree to use the products and services offered by our website in a
manner consistent with all applicable local, state and federal laws
and regulations. No material shall be stored or transmitted which
infringes or violates the rights of others, which is unlawful,
obscene, profane, indecent or otherwise objectionable, threatening,
defamatory, or invasive of privacy or publicity rights.
Our website
prohibits conduct that might constitute a criminal offense, give
rise to civil liability or otherwise violate any law. Any activity
that restricts or inhibits any other user from using the services of
our website is also prohibited. Unless allowed by a written
agreement, you may not post or transmit advertising or commercial
solicitation on our website.
You agree to grant
to our website a non-exclusive, royalty-free, worldwide,
irrevocable, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public
areas of our website (such as bulletin boards, forums, blog, and
newsgroups) or by e-mail to our website by all means and in any
media now known or hereafter developed. You also grant to our
website the right to use your name in connection with the submitted
materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against our website for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to our website.
Trademarks
Publications,
products, content or services referenced herein or on our website
are the exclusive trademarks or servicemarks of our website or
related parties. Other product and company names mentioned in our
website may be the trademarks of their respective owners.
Links to Our Website
You may provide
links to our website, provided you do not change, remove, or obscure
the copyright notice or other notices on our website. Your website
or other source of links must not engage in illegal or pornographic
activities. Finally, you may link provided you understand that you
must stop linking to our website immediately upon request by our
website.
2. Use of
our website.
You agree,
acknowledge, and accept that we are not trained professionals and do
not purport to render professional or expert advice in any arena.
Data contained on
or made available through our website is not intended to be, and
does not constitute, legal advice. Our website, and your use of it,
does not create an attorney-client relationship. We do not warrant
or guarantee the accuracy, adequacy, or recency of the data
contained in or linked to our website.
Data contained on
or made available through our website is not intended to be, and
does not constitute, medical or health advice. Our website, and your
use of it, does not create a physician-patient relationship. We do
not warrant or guarantee the accuracy, adequacy, or recency of the
data contained in or linked to our website.
Data contained on
or made available through our website is not intended to be, and
does not constitute, financial/investing advice. Our website, and
your use of it, does not create an advisor-client relationship. We
do not warrant or guarantee the accuracy, adequacy, or recency of
the data contained in or linked to our website.
Your use of our
website or materials linked to our website is completely at your own
risk. You should not act or depend on any data on our website, where
applicable, without seeking the counsel of a competent lawyer
licensed to practice in your jurisdiction for your particular legal
issues. You should not act or depend on any data on our website,
where applicable, without seeking the counsel of a competent
physician licensed to practice in your jurisdiction for your
particular medical issues. You should not act or depend on any data
on our website, where applicable, without seeking the counsel of a
competent financial advisor licensed to practice in your
jurisdiction for your particular financial needs and issues.
We may make
changes to the features, functionality or content of our website at
any time. We reserve the right in our sole discretion to edit or
delete any data appearing on our website.
Your Duty To Other Users
Your use of our
website is for your own personal, non-commercial benefit. In no way
are you to leverage our website in a way that mines for the personal
information of other, whether in blog comments or otherwise, for
your own use or for the benefit of others. This includes, but is not
limited to, spam (unsolicited commercial email).
If you
inadvertently obtain personal information about other users, you
shall not share this with anyone else.
Restricted access
Access to certain
areas of our website is restricted. We reserve the right to restrict
access to other areas of our website, or indeed our whole website,
at our discretion.
If we provide you
with a user ID (username) and password to enable you to access
restricted areas of our website or other content or services, you
must ensure that that user ID and password is kept confidential. You
may not share your user ID and/or password with anyone for any
reason, either directly or indirectly. You accept responsibility for
all activities that occur under your user ID or password.
We may disable
your user ID and password at our sole discretion or if you breach
any of the policies or terms governing your use of our website or
any other contractual obligation you owe to us.
Third-Party Products/Services
You understand
that, except for information, products or services clearly
identified as being supplied by our website, our website does not
operate, control or endorse any information, products or services on
the Internet in any way. Except for information identified by our
website as such, all information, products and services offered
through our website or on the Internet generally are offered by
third parties that are not affiliated with our website, and we may
be compensated.
Viruses, etc.
You also
understand that our website cannot and does not guarantee or warrant
that files available for downloading through our website will be
free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to our website for
the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE
INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION
“AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may
contain inaccuracies or typographical errors. Our website makes no
representations about the accuracy, reliability, completeness, or
timeliness of the content or about the results to be obtained from
using our website or the content on it. Use of our website and the
content is at your own risk. Changes are periodically made to our
website, and may be made at any time.
OUR WEBSITE DOES
NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR
WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE
CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential
Damages
IN NO EVENT WILL
OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR
WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE.
BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT
PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND
AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR
WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE
AVAILABLE.
Links to
Other Websites.
Our website
contains links to third party Websites. Our website makes no
representations whatsoever about any other website which you may
access through this one or which may link to this website. When you
access a website from our website, please understand that it is
independent from our website, and that our website has no control
over the content on that website. These links are provided solely as
a convenience to you and not as an endorsement by our website of the
contents on such third-party Websites. Our website is not
responsible for the content of linked third-party Websites and does
not make any representations regarding the content or accuracy of
material on such third party Websites. If you decide to access
linked third-party Websites, you do so at your own risk. We do not
necessarily endorse, recommend, suggest or otherwise make any
overture or prompt for action regarding any product or service
offered. You should assume we are compensated for any purchases you
make. Again, any income claims should be construed as atypical
results and you assume the risk that inferior results obtain,
including losses, for which we carry no responsibility or liability.
User Submissions
As a user of our
website, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not do
the following things: post material that is copyrighted, unless you
are the copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade secrets, unless
you own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others; post material that is
obscene, profane, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user of our website or any other
person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or
pyramid schemes; or impersonate another person.
Our website does
not represent or guarantee the truthfulness, accuracy, or
reliability of any communications posted by other users of our
website or endorse any opinions expressed by users of our website.
You acknowledge that any reliance on material posted by other users
of our website will be at your own risk.
Our website does
not necessarily screen communications in advance and is not
responsible for screening or monitoring material posted by users of
our website. If observed by our website and/or notified by a user of
communications which allegedly do not conform to this agreement, our
website may investigate the allegation and determine in good faith
and its sole discretion whether to remove or request the removal of
the communication. Our website has no liability or responsibility to
users of our website for performance or nonperformance of such
activities. Our website reserves the right to expel users of our
website and prevent their further access to our website for
violating this agreement or any law or regulation, and also reserves
the right to remove communications which are abusive, illegal, or
disruptive.
Social
Media Warning (Divulgence of Personal & Private Information)
Social media has
provided a platform for internet users to disclose much personal
information about themselves, in a way that seems innocuous, if not
proper and expected. However, more than a few folks have already
lived to regret personal information that was shared either by them
or others. This has long been true of simple email. It is
exponentially true of social websites and applications for social
media on any other website, including this one. You are cautioned
against carelessly disclosing information.
3. Indemnification.
You agree to
indemnify, defend and hold harmless our website, its members,
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to our website from and against
all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any use of our website or violation
of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing our website.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of our website and its owners, officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its/their own behalf.
5.Term; Termination.
We reserve the
right to investigate complaints or reported violations of these
Terms of Service and Conditions of Use and to take any action we
deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any data necessary
or appropriate to such persons or entities relating to your profile,
email addresses, usage history, IP addresses and traffic data.
This Agreement, in
whole or in part, may be terminated without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client
Relationship), and 7 (Miscellaneous) shall survive any termination
of this Agreement, in whole or in part.
6.Hiring an Investment Advisor,
Attorney, or Medical or Other Professional / No Attorney-Client
Relationship or Fiduciary Capacity.
Choosing a lawyer,
doctor, or investment advisor is a serious matter and should NOT be
based solely on data contained on our website or in advertisements.
The law is
constantly changing and the data may not be complete or accurate
depending on your particular legal issue. Each legal issue depends
on its individual facts and different jurisdictions have different
laws and regulations. This is why you should seriously consider
hiring licensed, professional counsel in your jurisdiction.
Medical issues are
complex, and can often stem from both organic and psychological
factors. Never should a website be used as a source of diagnosing or
treating medical problems.
Financial matters
are highly individualistic. Risk tolerance is just one factor to
consider before making any investments or financial decisions. For
these, and other, reasons, you should look to the guidance of a
trained professional, not a website.
You may send us
email, but in no instance will this communication in any way be
construed as initiating an attorney-client relationship, or other
professional relationship, and so the contact should not include
confidential or sensitive data because your communication will not
be treated as privileged or confidential.
7.Miscellaneous.
Governing
Law
This Agreement
shall treated as though executed, set in force, and performed in the
State of our address on record (“Home State”). Accordingly, it shall
be governed and construed in accordance with the laws of the Home
State in terms of those applicable to agreements, without regard to
conflict of law principles.
Disputes
Any cause of
action by you with respect to our website must be instituted within
one (1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set
forth in these Terms of Service and Conditions of Use. Any legal
claim arising out of or relating to these Terms of Service and
Conditions of Use or our website, excluding intellectual property
right infringement and other claims by us, shall be settled
confidentially through mandatory binding arbitration per the
American Arbitration Association commercial arbitration rules. The
arbitration shall be conducted in the Home State. Each party shall
bear one half of the arbitration fees and costs incurred, and each
party shall bear its own lawyer fees. All claims shall be arbitrated
on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party.
Modification
Neither the course
of conduct between the parties nor industry trade practice shall act
to modify any provision of this Agreement.
Assignability
Our website may
assign its rights and duties under this Agreement to any party at
any time without notice to you.
Contra Preferentum
The language in
these Terms of Service and Conditions of Use shall be interpreted as
to its fair meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are to be
resolved against the drafting party (i.e. – “contra preferentum”)
shall not apply in interpreting these Terms of Service and
Conditions of Use, as the Agreement shall be construed as having
been co-authored by the parties.
Severability
Should any part of
these Terms of Service and Conditions of Use be held invalid or
unenforceable, that portion shall be construed as much as possible
consistent with applicable law and severability shall apply to the
remaining portions, so that they remain in full force and effect.
This
Agreement Prevails
To the extent that
anything in or associated with our website is in conflict or
inconsistent with these Terms of Service and Conditions of Use,
these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to
enforce any provision of these Terms of Service and Conditions of
Use shall not be deemed a waiver of the provision nor of the right
to enforce the provision.
Our rights under
these Terms of Service and Conditions of Use shall survive any
termination of this agreement.
Any rights not
expressly granted herein are reserved.
CHANGE NOTICE: As
with any of our administrative and legal notice pages, the contents
of this page can and will change over time. Accordingly, this page
could read differently as of your very next visit. These changes are
necessitated, and carried out, in order to protect you and our
website. If this page is important to you, you should check back
frequently as no other notice of changed content will be provided
either before or after the change takes effect.
COPYRIGHT WARNING: The
legal notices and administrative pages on this website, including
this one, have been diligently drafted by an attorney. We have paid
to license the use of these legal notices and administrative pages
for your protection and ours. This material may not be used in any
way for any reason and unauthorized use is policed via Copyscape to
detect violators.
QUESTIONS/COMMENTS/CONCERNS: If
you have any questions about the contents of this page, or simply
wish to reach us for any other reason, you may do so by using our
Contact information.
