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Website Terms & Conditions
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 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.
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,
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 Duty To Other Users
Restricted access
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
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.
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.
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.
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.
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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