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 web pages 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, non-transferable, revocable license to use our
website only for private, personal, non-commercial 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 service marks 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 by
the laws of England and you agree to submit to the exclusive jurisdiction of the
courts of England. Accordingly, it shall be governed and construed in accordance
with the laws of England in terms of those applicable to agreements, without
regard to conflict of law principles.
Disputes
In the event of a dispute arising, English law will apply with the English
courts having exclusive jurisdiction.
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.