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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. 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.
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