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.
