Anti-Spam Policy
The following describes the Anti-Spam Policy for our website.
What Is Spam?
Spam
is unsolicited email, also known as junk mail (received via email), or
UCE (Unsolicited Commercial Email). Virtually all of us have
opened the inbox of an email account and found emails from an unknown
sender. By sending email only to those who have requested to
receive it, we are following accepted permission-based email guidelines.
What About The Laws Against Spam?
They
exist. However, as with any body of laws, any individual State
spam statutes can and will vary. The spam laws of each State can
not only vary, but also have different definitions of unsolicited
commercial email. Additionally, there may be various federal
agencies keeping track of spam, including the Federal Trade Commission
(FTC). At the Federal level, the CAN-SPAM Act of 2003 promulgates
some attempt at a coherent and unified approach to unsolicited
commercial email. Ultimately, it would be difficult to enforce
spam law violations on any consistent or pervasive basis, so your own
vigilance is your own best first line of defense. Beyond that, we
protect you by ensuring that you are 100% in control of whether or not
you ever hear from us by email initially or in the future, as detailed
in our “No Tolerance” policy below.
Our No Tolerance Anti-Spam Policy
WE
HAVE A NO TOLERANCE SPAM POLICY. We do not email unless someone
has filled out an "opt in" form or "webform" expressing an interest in
our information or products and/or services, or otherwise directly and
proactively requesting it. News of the features and benefits of
Membership is spread through advertising, joint venture marketing, and
word of mouth, so we are only building relationship with folks who wish
to learn more about what we have to offer and willingly subscribe to
our content and contact through email. You are always completely
in control of whether you receive email communication from us, and can
terminate at any time.
NOTE
- Every auto-generated email contains a mandatory unsubscribe link that
cannot be removed. Therefore, each communication carries with it
the option to "unsubscribe" and never receive another email
communication.
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.
###
Copyright Notice
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.
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.
###
Disclaimer
The following describes the Disclaimer for our website.
THIRD
PARTY NOTICE: You understand, acknowledge, and accept the fact that we
are not affiliated with any company, person, or organization of any
kind mentioned on this website in any way. Company names,
products, logos, trade marks and any other proprietary intellectual
property or otherwise belongs to the rightful owner, which is not
us. You should not assume, even if a company name is in the
website/domain name of this website, that there is an express, implied,
or otherwise agreement, joint venture, partnership, or other
relationship between us as website proprietors and any of these
companies that are discussed merely for educational or other purposes.
The
opinions, estimates, expectations, and projections contained in any
disseminated information are accurate as of the date of release and are
subject to change without additional notice. We do our best to ensure
that the research has been compiled, obtained, discerned, or
interpolated from reliable and trustworthy sources, and therefore
believe the positions and beliefs shared are accurate and complete,
though obviously not all material known or obtained will be contained,
as distilling information into manageable quantity is in large part a
goal. We are not responsible for any errors or omissions
contained in any disseminated material and are not liable for any loss
incurred as a result of using the material in any way. The intent
is merely to provide useful information, products, and services, some
of which we may be compensated for.
Nothing
offered by us should be considered personalized investment advice.
While our employees and/or contributors may answer your general
customer service questions, they can not help you with specific
investment questions and decisions, as they are not licensed under
securities laws to deal with your particular investment situation. No
communication by our employees and/or contributors to you should be
construed as personal, individualized investment advice.
Investors should not rely on the information given by us to make
investment decisions. Rather, investors should use the
information only as a starting point, at most, to do additional
independent research so that the investor is able to make his or her
own investment decision. You should consult with competent,
professional help and read any available Prospectus or Public Company
information.
This
website contains or may contain "forward looking statements" within the
meaning of Section 27A of the Securities Act of1933 and Section 21B of
the Securities Exchange Act of1934. Any statements that express
or involve discussions with respect to predictions, expectations,
beliefs, plans, projections, objectives, goals, assumptions or future
events or performance are not statements of historical fact and may be
"forward looking statements." Forward looking statements are
based on expectations, estimates and projections at the time the
statements are made that involve a number of risks and uncertainties
which could cause actual results or events to differ materially from
those presently anticipated. Forward looking statements in this
action may be identified through the use of words such as "expects",
"will," "anticipates," "estimates," "believes," or statements
indicating certain actions "may," "could," or "might" occur.
Just
as our website content does not constitute investment advice, and you
should therefore consult a trained professional of your choosing, the
same is true of other disciplines where expertise is gained through
education, experience, and skill-building. Thus, nothing on our
website or otherwise disseminated in conjunction with it should be
taken as medical, legal, accounting or other such advice. When in
doubt, consult the hired help of your choosing, as you are ultimately
responsible for your own affairs.
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.
###
DMCA Compliance
The following describes the DMCA Compliance for our website.
We
are committed to responding to any alleged copyright violations, should
they occur. Notice of any alleged violation should take the form
proposed by the U.S. Digital Millennium Copyright Act as revealed at
http://www.copyright.gov.
Remedy
If
any material infringes on the copyright of any offended party, we may
remove the content, prevent access to it, terminate or block access for
those responsible for the content, and/or any other action deemed
appropriate. We may also pass along record of the incident for
documentation and/or publication by third parties at our discretion.
Not Legal Advice/No Attorney-Client Relationship
If
you believe your rights have been violated, it can be a serious
matter. This DMCA notice exists solely to effectuate our efforts,
as website owners, to prevent and eliminate infringement on
intellectual property rights. It is no substitute for the
assistance of competent legal counsel. Other remedies and action,
such as against an internet service provider (ISP), may exist.
You may wish to seek legal help immediately.
Notification
For
your convenience and to speed resolution, notice of alleged
infringement may be tendered via email, using the email address and/or
contact information provided on this website. We warn that you
will be liable for any and all statutory and common law damages, as
well as court costs and attorney fees, if you falsify a claim that your
copyrights have been violated. Six figure awards have already been
granted for bogus complaints, so seeking the help of competent counsel
is advised.
Assuming you still wish to assert copyright violation, you should provide the following to speed up the process:
STEP
1. Identify in adequate detail the copyrighted item you believe has
been violated, by providing the URL to the protected work, ISBN#, or
otherwise.
STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above.
STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested).
STEP
4. Provide information sufficient to allow us to notify the
owner/administrator of the allegedly infringing webpage or other
content such as a blog or forum posting (email address is preferred).
STEP
5. Include the following statement: "I have a good faith belief that
use of the copyrighted materials described above as allegedly
infringing is not authorized by the copyright owner, its agent, or the
law."
STEP
6. Include the following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed."
STEP 7. Digitally sign your affirmation.
Counter-Notification
Note
that the party representing the affected website or provider of content
can issue a counter-notification under sections 512(g)(2) and (3) of
the Digital Millennium Copyright Act, and so we may again post or link
to the content in that case.
For
your convenience, counter notification may be tendered via email, using
the email address and/or contact information provided on this
website. We warn that you will be liable for any and all
statutory and common law damages, as well as court costs and attorney
fees, if you falsify a claim that others’ copyrights have NOT been
violated
Assuming you still wish to file a counter-notice, you should provide the following to speed up the process:
STEP
1. Identify the specific URLs or other unique identifying information
of material that we have removed or disabled access to.
STEP
2. Provide your name, address, telephone number, email address, and a
statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located, and
that you will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.
STEP
3. Include the following statement: "I swear, under penalty of perjury,
that I have a good faith belief that each item of content identified
above was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled, or that
the material identified by the complainant has been removed or disabled
at the URL identified and will no longer be shown."
STEP 4. Digitally sign the affirmation.
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.
###
Federal Trade Commission Compliance
The following describes the Federal Trade Commission Compliance for our website.
We
make every effort at candor regarding any products or services we use,
recommend, or otherwise make mention of. We strive to clearly
differentiate between our own products or services versus those of
third parties, to facilitate inquiries, support, and customer
care. Likewise, just as we (and any other legitimate business)
may profit from the sale of our own products or services, we may also
profit from the sale of others’ products or services (like any
retailer). Additionally, wherever products or services may give
rise to income generation, we endeavor to provide realistic and factual
data, but highlight the fact that the variables impacting results are
so numerous and uncontrollable that no guarantees are in any way
made. It is our goal to embrace the guidelines and requirements
of the Federal Trade Commission (FTC) for the benefit of all, and with
that in mind provide the following disclosures regarding compensation
and disclaimer regarding earnings & income.
Note
that material connections may not be made known at every single
advertisement or affiliate link. Thus, to be safe, you should
simply assume there is a material connection and that we may receive
compensation in money or otherwise for anything you purchase as a
result of visiting this website, and also that we may be paid merely by
you clicking any link.
Amazon.com
One
or more parties affiliated or associated with our website in some way
may be an Amazon.com affiliate. This means that links to products
on Amazon.com, as well as reviews leading to purchases, can result in a
commission being earned. Again, disclosure of this material
connection and the potential for compensation may not be made at every
single possible opportunity. To be safe, simply assume there is a
material connection and potential for compensation at all times.
While this does not imply skewed or unduly biased reviews, full
disclosure calls for this warning.
Compensation
You
should assume that we may be compensated for purchases of products or
services mentioned on this website that are not created, owned,
licensed, or otherwise materially controlled by us. Stated differently,
while most people obviously understand that individuals make a living
by way of the profit that remains after the costs associated with
providing their product or service are covered, at least theoretically
there may be someone out there who does not understand that a third
party can "affiliate" someone else's products or services and be
compensated by the product or service creator/owner for helping spread
the word about their offering. Just compare it to retailers. They
seldom produce anything, but rather make their money connecting product
and service creators with end users.
Admonition
Having
said that, you cannot count on anyone looking after your interests but
you. So, you ought to always do your own research into various offers
and opportunities, to the extent that leaves you comfortable, doing
your own due diligence prior to making any purchase of any product or
service from this website or any other. Here is a great set of
guidelines for you to keep in mind:
First,
just always operate from the position that any website proprietor,
including us, will have a material connection to the product or service
provider, and may be compensated as a result of your purchase, unless
expressly stated otherwise. Aside from your purchases, note that even
you actions could result in earnings for this website. For
instance, there could be ads displayed on this website that we are
compensated for displaying whenever a website visitor clicks on them.
Second,
to the extent that we have every interest in positively furthering our
business relationship with you, we certainly desire to share only those
offerings that we believe will benefit you. Just because we are not the
founder or originator of the product or service, we are not going to
withhold knowledge of this offering from you. If you can get some
benefit from it, regardless of whether or not you've taken advantage of
our own products and/or services, we want you to do well. Thus, we make
a good faith effort to only present to you items that we either
personally use, have actually tried, or else have faith in the
reputation of the provider or concept. You can count on us making this
determination based on all relevant and applicable information at the
time of the recommendation.
Third,
despite the fact that it would be counterproductive to mention products
or services that you'll find disappointing or inferior, not only are
people different, but it’s also possible for us to have a lapse in
judgment. Thus, to be extra cautious, even if you believe in our good
faith motives, you may as well go ahead and keep in mind that we could
be at least partially influenced by the monetization factor of listing
various products or services on our website. Furthermore, in that vein,
the reality is that there are sometimes other connections between
parties that are not monetary, such as personal capital, goodwill, or
otherwise, that could be an underlying undercurrent swaying the
decision to promote a particular offering. Due to this hypothetical
possibility, you should again simply nor rely solely on what we have to
say, but rather just form your own independent opinion just to be safe.
Finally, bear in mind that we might also receive free products or
services, gifts, or review copies of items too.
Testimonials
Testimonials
regarding the outcome or performance of using any product or service
are provided to embellish your understanding of the offering.
While great effort is made to ensure that they are factually honest, we
are not liable for errors and omissions. Aside from human error,
some information may be provided by third parties, such as customers or
product/service providers. The best results are not uncommonly
correlated with the best efforts, discipline, diligence, and so on, and
thus the results depicted cannot, in any way, be construed as common,
typical, expected, normal, or associated with the average user’s
experience with any given product or service. Exceptional results
may be depicted by our website as highlights, but you are responsible
for understanding that atypical outcomes may not reflect your
experience. Aside from market conditions, products and
services change over time. Older products may lose
effectiveness. Newer products may not have a reliable track
record.
Where
products or services might pertain to earning money, the same
safeguards about use of testimonials apply. Additionally, note
that any related income figures are highly specific to the individual
or entity that produced those results, and there can be no assurance
that you will be able to leverage the same, or similar, products or
services to achieve comparable results. The results, though real,
may be the result of the conflation of a number of favorable
circumstances that would be difficult to replicate, and so you must
proceed with the knowledge that your outcome can differ from any shared
on our website.
Professional Consultation
Many
products and services are designed to solve problems. Common
problem areas include legal, financial, and medical. We are in no
way purporting to counsel you on issues related law, finances, or
health. If you require guidance in these arenas, you should
consider securing your own counsel from lawyers, accountants, tax
professionals, investment advisors, or medical professionals before
taking any action. Nothing we may ever communicate, in print or
spoken word, will ever be intended to constitute any such counsel, as
we do not claim to be professionals in any of those disciplines.
You assume all risk for actions taken, losses incurred, damages
sustained, or other issues stemming from your use of any product or
service in any way connected with or mentioned on this website.
Indeed, such decision is solely your own, or else determined in
conjunction with the professional guidance of the advisor of your
choosing.
Use Of Products & Services
The following are facts you should be advised of if you intend to take advantage of any products or services.
The
price paid for products and services change over time. Even the
prices of staples and basic commodities change, and there are many
factors such as supply and demand, sales and other customer acquisition
incentives, and more. Price, and value, can be quite
relative. Technology, innovations, product improvements, market
penetration, and numerous other factors all weigh in. It is
impossible to define the “right” price for any product and
service. Willing buyers and willing sellers determine price at
any given time. You accept the fact that your purchase reflects
your own attribution of value at the time of purchase, and that the
price may increase or decrease in the future.
The
outcome you experience is dependent upon many factors. Aptitude
and attitude go a long way towards success with products and services
in virtually any niche, whether fitness or making money.
Circumstances, experience, innate abilities, personality, education,
time commitments, and perseverance are just a few factors. Given
the smorgasbord of interrelated variables, there is no way to
reasonably predict your specific outcome with any degree of reliability
or certainty.
Income-Producing Products & Services
Income-producing
products & services are likewise subject to the above
cautions. In addition, however, there are additional
factors. Unlike weight loss products or self-help materials,
income-producing methods are influenced by the overall health of the
economy in which one operates. In times of liquidity, money flows
freely and commerce is easier. In times of perceived scarcity,
fear, recession, depression, or otherwise, commerce is stymied.
Results can be influenced by market sentiment, just as the stock market
indices around the world are swayed heavily on news.
Income-producing
products & services purchased should be viewed as just that –
purchases. Though they can be investments in one’s business, it
is not unreasonable to expect that there may not be an express return
on that investment, per se. Often, business success is the
convergence of a number of factors, methods, strategies, and so
on. It can be hard to peg success to one method or
machination. This does not necessarily undermine value of any
given product or service, as it can have an additive effect. Or,
it may have no effect. Since it can be difficult to tell, you
should operate on the assumption that your outcome could be zero.
We make no guarantees and you should only risk what you can afford to
lose.
Earnings & Income
In
light of all of the factors above, impinging on the very nature of
income-producing products and services, there is no way to guarantee
results of any kind whatsoever. Accordingly, we affirmatively
declare that we make no guarantees as to your earnings & income of
any kind, at any time.
As
with any business endeavor or investment, past performance is no
guarantee or predictor of future performance. Any testimonials or
other representations of results are for illustrative purposes only
and, though every effort is made to ensure they’re factually honest,
they are not intended to imply or insinuate what is likely to happen
with you. Your reliance on them as such is not advised.
It
should be noted that “earnings & income” is so phrased with
specific intent. While income may typify the earnings most either
seek or are accustomed to, earnings can come in non-monetary
forms. These include some forms that are abstract or intangible,
and thus not even readily converted to currency or a common medium of
exchange. Thus, note that all manner of compensation, including
earnings of a non-income yet nevertheless beneficial form, are covered
by these provisions.
Affiliates & Other Third Parties
It
should also be noted that we only have control over, and thus only
accept responsibility for, the content of this website authored by
us. Any representations made by others should be considered prima
facie unauthorized. You may also read, hear, or otherwise come
into contact with commentary about any of our products & services
or offerings, and should assume those have likewise not been authorized.
While
information, in any form, can arise, at any time, regarding our
products & services, there may be times when this results from an
affiliate relationship. In other words, we may permit our
products & services to be marketed through other individuals,
businesses, websites, and otherwise, just as providers of goods and
services use retailers and other vendors to make available what they
offer.
You
should not construe a third-party offer as an endorsement by that third
party of any product or service. You should, more conservatively,
view it as an offer to buy something. Likewise, as alluded to
previously, note that we cannot fully control all marketing practices
by all parties. With the use of “mirror” sites, indirect or
unauthorized affiliates, “tiered” affiliate structures, and so on,
policing the world wide web with any modicum of thoroughness is
unlikely. We make reasonable efforts to ensure our affiliates
comply with our policies and represent our products & services
consistent with our guidelines. However, we cannot always
guarantee they will do so. You are always free to report concerns
or abuses via our Contact information.
Customer Care
Last,
but not least, please note that our role in briefing you on products
and services other than our own is simply as a "matchmaker." We do not
provide any support or customer service for those items and you should
always contact the owner or provider of those products or services to
have any and all questions answered to your satisfaction before
purchasing.
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.
###
Privacy Policy
The following describes the Privacy Policy for our website.
Your Privacy
Your
privacy is important to us. To better protect your privacy we
provide this notice explaining our online information practices and the
choices you can make about the way your information is collected and
used. You agree to agree to these policies by virtue of using our
website in a way that leads to you providing us with personal
information.
State Law & Accompanying Rights
Please
understand that you may have additional rights originating from State
laws based on where you live. These State-based rights may
augment, strengthen, or otherwise somehow compliment any privacy rights
you have inherently or under Federal law. Our policy is to comply
fully with the privacy policies of every jurisdiction in which we
operate. Accordingly, you are free to use our Contact information
to reach us at any time to assert any State rights.
Our Commitment To Children's Privacy
Protecting
the privacy of the very young is especially important. For that reason,
our website will never collect or maintain information at our website
from those we actually know are under 18, and no part of our website is
structured to attract anyone under 18.
Under
our Terms of Service and Conditions of Use, children under 18 are not
allowed to use our website and access our services. It is not our
intention to offer products or services to minors.
Collection of Personal Information
When
visiting our website, the IP address used to access our website may be
logged along with the dates and times of access. This information is
purely used to analyze trends, administer our website, track users
movement, and gather broad demographic information for internal use
such as statistical assessments and website improvement. Most
importantly, any recorded IP addresses are not linked to personally
identifiable information.
Other
information may be collected as well, which is rather typical of most
websites. For instance, the source that referred you to our
website is generally known. Likewise, your duration on our
website, and your destination when you leave our website can also be
tracked. Other common data collected includes the type of
operating system the computer you are using to access our website
has. Similarly, the type of web browser is often noted.
Again, this is common data collection, and helps ultimately produce a
better end-user experience.
Cookies
are another common internet practice. Cookies are a key means of
improving user experience by allows us to customize your use of our
website. Simple information is transferred to your computer to
allow the content and experience to reflect your actions, preferences,
and so on. You should simply make the assumption our website uses
cookies, and note that you are free to make adjustments in your web
browser to disable these or otherwise receive notification of cookies
so you can take whatever desired action you so choose. Please
understand that refusing cookies may cripple some of our website
features and render some aspects useless to you.
At
times, you will be fully aware of information received, as you are the
direct source providing it. For instance, you may comment on a
blog post, reply to an email (whether broadcast message or
autoresponder), provide an email address, complete a survey, requests
SMS, or otherwise. Likewise, purchases necessarily involve
collecting certain information, such as credit card information, Paypal
addresses, your physical address for billing and/or shipping, phone
number, and so on. Refusing to provide some of this information
may lead to us being unable to provide you with the products or
services you’ve requested.
A
prime example of limited access to our website is where content may be
protected by a username and password. Whether a username and
password is generated by our website, or created by you, these will
almost always be connected with some other information related to or
connected with you. This is true since much content that is
protected on the internet is subscription based, often paid for.
Thus, the username and password must necessarily be tied to your other
account data. Usernames and passwords, by their very nature,
should be kept private.
Handling of Personal Information
Note
that any personal information you provide to others apart from us or
our vendors is wholly optional. As an example, you might disclose
something in a blog post comment. That “private” information is
now “public,” and we have no control over that. In like fashion,
you sharing information with any other third party not functioning as a
service provider to us puts that information beyond our control and
becomes subject to the policy that party has in place.
Our
primary intention for collecting personal and private information from
you is simply to conduct our business. We can use this internally
to better serve you. Accordingly, we see no reason to share your
personal information to other parties and outside interests unless you
have authorized us to do so. Of course, there are instances where
your information is stored with third party service providers, such as
email service providers, as they provide services that are
industry-leading in quality and security and are far more beneficial to
our end user than attempting such services “in-house.” However,
you are never required to deal with any such third party directly, they
are limited in how they use your information, and they cannot sell or
transfer it to others in any way.
However,
of course, your information does comprise part of an overall
whole. This aggregate of information, by contrast, may be used to
understand our overall user base. Further, we may share this
information about our website visitors as a whole, not individually,
with third parties for various purposes, in our sole discretion.
While
we are staunch privacy advocates, there are times when even we may be
forced to abandon these ideals. Just as major search engines face
ongoing compulsion to provide data against their will, so too may the
same occur with our website. Illegal activity or other serious
acts or allegations could create legal liability for our website.
In those cases, we reserve the right to share your information, or else
may simply be compelled to do so by law. On the other hand, there
may be times when we would need to share your private information in
order to protect our own interests. For instance, in cases of
suspected or alleged copyright infringement or other intellectual
property violations, it may be necessary to share personal information.
Google Adsense and the DoubleClick DART Cookie
Google,
as a third party advertisement vendor, may use cookies to serve ads on
this website. The use of DART cookies by Google enables them to serve
adverts to visitors that are based on their visits to this website,
including past visits, as well as other websites on the internet.
To
opt out of the DART cookies you may visit the Google ad and content
network privacy policy at the following url
http://www.google.com/privacy_ads.html Tracking of users through the
DART cookie mechanisms are subject to Google's own privacy policies.
Other
Third Party ad servers or ad networks may also use cookies to track
users activities on this website to measure advertisement effectiveness
and other reasons that will be provided in their own privacy policies,
our website has no access or control over these cookies that may be
used by third party advertisers. However, you can opt out of
some, though likely not all, of these cookies in one easy location at
http://ww.networkadvertising.org/managing/opt_out.asp
Links to Third Party Websites
We
have included links on this website for your use and reference. We are
not responsible for the privacy policies on these websites. You should
be aware that the privacy policies of these websites may differ from
our own.
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.
###
Social Media Disclosure
The following describes the Social Media Disclosure for our website.
Social Media Issue
We
live in an interesting time when privacy rights are championed
alongside an unprecedented voluntary willingness of people to share
their most intimate and superfluous life details with the world, even
in places such as our website. While apparently benign on the
surface, the dangers of unrestrained public disclosure of sensitive
information is beginning to surface.
Key
social media players are being sued for unauthorized or abusive
use/misuse of personal information. Failure to protect and warn
are likely going to be focal factors. Lawsuits are filed seeking
damages for statements held to be responsible for people's death or
suicide. Bloggers presuming to operate under an unfettered
freedom of speech or greater latitude offered to members of the press
are losing civil cases for defamation, slander, libel, and so on.
As
social media rapidly advances to allow more technologically
sophisticated and easy dissemination, the simultaneous fallout of
revelation without boundaries is mounting. Thus, a sober approach
to the benefits of social media, while sidestepping the perils of
imprudent disclosure, can facilitate an enjoyable online experience,
without the consequences of excess, in settings such as our own website.
Presence/Scope of Social Media
You
should assume that social media is in use on our website. A
simple click of a button to endorse a person, product, or service is
building a cumulative profile about you, which you should always assume
can be discovered by others. Attempting to share a website with
someone, whether by direct press of a button or else by email
forwarding facilitated on a website, you should assume that this may
not stop with the intended recipient, and that this can generate
information about you that could be seen by a veritable infinite number
of people. Such a domino effect could initiate right here on our
website.
Something
as simple as a blog comment provides the opportunity for knee-jerk
reactions that can become public and may not truly represent a position
(at least in strength or severity) that you might hold after a period
of more reasoned contemplation. You should also note that the
ease of accessing one site through the login credentials of another, or
the use of a global login for access to multiple sites can
accumulate a dossier on you and your online behavior that may
reveal more information to unintended parties than you might realize or
want. Any or all of these features could exist on our website at
one time or another.
These
few examples illustrate some possible ways that social media can exist,
though it is not an exhaustive list and new technologies will render
this list outdated quickly. The objective is to realize the reach
of social media, its widespread presence on websites in various forms
(including this website), and develop a responsible approach to using
it.
Protecting Others
You
should recognize the fact that divulgences made in and on social media
platforms on this website and others are rarely constrained just to
you. Disclosures are commonly made about group matters that
necessarily affect and impact other people. Other disclosures are
expressly about third parties, sometimes with little discretion.
What can appear funny in one moment can be tragic in the next.
And a subtle "public" retaliation can have lifetime repercussions.
Ideal
use of social media on our website would confine your disclosures
primarily to matters pertaining to you, not others. If in doubt,
it's best to err on the side of non-disclosure. It's doubtful the
disclosure is so meaningful that it cannot be offset by the precaution
of acting to protect the best interests of someone who is involuntarily
being exposed by your decision to disclose something on our website (or
another).
Protecting Yourself
You
should likewise pause to consider the long-term effects of a
split-second decision to publicly share private information about
yourself on our website. Opinions, likes, dislikes, preferences,
and otherwise can change. Openly divulging perspectives that you
hold today, may conflict with your developing views into the
futures. Yet, the "new you" will always stand juxtaposed against
the prior declarations you made that are now concretized as part of
your public profile. While the contents of your breakfast may
hold little long-term impact, other data likewise readily shared can
have consequences that could conceivably impact your ability to obtain
certain employment or hinder other life experiences and ambitions.
As
with sharing information about other people, extreme caution should be
used before revealing information about yourself. If in doubt,
it's likely best not to do it. The short term gain, if any, could
readily be outweighed by later consequences. Finally, you should
note that we are not responsible for removing content once shared, and
we may not be able to do so.
Restrictions on Use of Social Media Data
You,
as a visitor to our website, are not permitted to "mine" social media
or other platforms contained herein for personal information related to
others. Even where people have publicly displayed data, you
should not construe that as though you have the liberty to capture,
reproduce, or reuse that information. Any use of social media or
related platforms on our website are for interactive use only, relevant
only during the website visit.
Accuracy of Social Media Data
As
any social media platform is built on user-generated content, you
should consider this fact in seeking to determine the authenticity of
anything you read. We are not responsible for verifying any
user-generated content for accuracy. A best practices policy
would be to view all such content as strictly opinion, not fact.
Potential Issues of Liability
You
should also be mindful of the fact that your words could trigger
liability for harm caused to others. While you have the right to
free speech, you do not have the right to damage other people.
Under basic principles of tort law, you are always responsible,
personally, for situations where either:
1. you were required to act, but did not (i.e. - some "duty of care")
2. your were required to refrain from acting, but did not (i.e. - slander, defamation, etc.)
These
"sins of omission and commission" could cause problems for you,
irrespective of whether you assert you are conducting business under
the guise of one or more business entities. Illegal and unethical
conduct, when done in the name of a corporation or LLC, is still
illegal and unethical conduct. As it is rarely part of a business
plan to engage in illegal and unethical conduct, you are doubtfully
operating in any official capacity, but rather, perhaps, leveraging
that capacity to effectuate personal wrongdoing. You should
consult a licensed attorney if you wish legal advice as to the
(potential) ramification of your situation or legal problems stemming
from this website or another.
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.
###
Terms Of Service & Conditions Of Use
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.