Terms Of Service, Conditions Of Use & Additional Disclaimers
This legal page is one of a family of legal documents that, collectively, define our relationship (“Agreement”) with you as a web visitor, web user, and/or customer. Use of this web property requires you to access, read, and agree to ALL legal pages published on this website. Until or unless you agree to the provisions of all legal pages, you are forbidden from this site and should exit instantly.
The following describes the legal Terms that apply when visiting, using, or purchasing from/through our website, etc.. These may include a waiver of legal rights you otherwise might have and, as such, are important to know. Know that “website,” for these purposes, means not only the root domain in the url, but also any sub-domains or add-on domains on the same. It may also refer to any website, presently or in the future, that merges with or replaces the current website. Using, and merely visiting, our website imposes upon you the provisions in these Terms. If you do not agree, please leave the site immediately.
Throughout these Terms, use of pronouns such as “we,” “our,” “us” or even “my” and “I” are intended to refer to the party operating the website and/or business connected with it. Said party may be, at any time one or more of the following: and individual or group of individuals, a company (LLC, BV, corporation, etc.), trust, dba or otherwise. The pronouns “you” and/or “your” are intended to refer to you, the person reading this and anyone visiting and using this website, whether accessing complimentary or paid material and whether publicly available or protected via controlled access.
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 – IRRESPECTIVE OF WHETHER OR NOT YOU ACTUALLY READ THEM.
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. 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.
You agree to obey all applicable laws and regulations regarding your use of our website and the content and materials provided in it, whether complimentary or purchased. You may not use this website in any manner that violates our rights, prejudices our interests, or otherwise disadvantages our position.
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.
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.
THIRD PARTY NOTICE
You understand, acknowledge, and accept the fact that we are not affiliated with any company, person, or organization of any kind mentioned on this website in any way. Company names, products, logos, trade marks and any other proprietary intellectual property or otherwise belongs to the rightful owner, which is not us. You should not assume, even if a company name is in the website/domain name of this website, that there is an express, implied, or otherwise agreement, joint venture, partnership, or other relationship between us as website proprietors and any of these companies that are discussed merely for educational or other purposes.
The opinions, estimates, expectations, and projections contained in any disseminated information are accurate as of the date of release and are subject to change without additional notice. We do our best to ensure that the research has been compiled, obtained, discerned, or interpolated from reliable and trustworthy sources, and therefore believe the positions and beliefs shared are accurate and complete, though obviously not all material known or obtained will be contained, as distilling information into manageable quantity is in large part a goal. We are not responsible for any errors or omissions contained in any disseminated material and are not liable for any loss incurred as a result of using the material in any way. The intent is merely to provide useful information, products, and services, some of which we may be compensated for.
Nothing offered by us should be considered personalized investment advice. While our employees and/or contributors may answer your general customer service questions, they cannot help you with specific investment questions and decisions, as they are not licensed under securities laws to deal with your particular investment situation. No communication by our employees and/or contributors to you should be construed as personal, individualized investment advice. Investors should not rely on the information given by us to make investment decisions. Rather, investors should use the information only as a starting point, at most, to do additional independent research so that the investor is able to make his or her own investment decision. You should consult with competent, professional help and read any available Prospectus or Public Company information.
This website contains or may contain "forward looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be "forward looking statements." Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements in this action may be identified through the use of words such as "expects", "will," "anticipates," "estimates," "believes," or statements indicating certain actions "may," "could," or "might" occur.
Just as our website content does not constitute investment advice, and you should therefore consult a trained professional of your choosing, the same is true of other disciplines where expertise is gained through education, experience, and skill-building. Thus, nothing on our website or otherwise disseminated in conjunction with it should be taken as medical, legal, accounting or other such advice. When in doubt, consult the hired help of your choosing, as you are ultimately responsible for your own affairs.
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, PROVINCES OR OTHER JURISDICTIONS 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, PROVINCES OR OTHER JURISDICTIONS, 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.
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.
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.
1. Intellectual Property Declarations & Protections.
The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. 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, and their mention herein does not imply a partnership or relationship of any kind where not so stated. In sum, 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.
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.
As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state/provincial and federal/national 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.
2. Website Use & Access.
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 material is restricted for a reason: it’s only made available to certain parties under certain conditions. By accessing restricted material, you agree not to disclose, in any way, shape or form, the material that is protected. Such material is for your own personal use and benefit exclusively.
Restrictions: This Website
Access to certain areas of this website may be restricted. Access to certain features and/or functionality of this website may be restricted. We reserve the right to restrict access to other areas of the website, or indeed the entire website, at our discretion, at any time. We reserve the right to restrict access to additional features and/or functionality of this website, at our discretion, at any time.
Restrictions: Other, Connected/Related Web Properties
Similarly, we may utilize a third-party solution (stand-alone platform, etc.) or even link out to another website from this website, in which case the same parameters for restricting access apply. This may include, but is in no way limited to, hosting a private “members only” area (“Member’s Area,” etc.) off site.
Restricted Access: Registration & Login Credentials
Access to restricted portions of this website, or features & functionality of this website, may be throttled by requiring user registration and the issuance of Login Credentials. User registration often includes, but is in no way limited to, a Username (also referred to as a “Login ID” or “User ID” or otherwise) and Password (“Login Credentials”). Usernames are often simply a unique identifier, such as an email address, but may also include unique, user-created data points. You must ensure that your Username and Password are kept safe and confidential. If we provide you with a Username and/or password to enable you to access restricted areas of our website or other content or services, we encourage you to change your Password if the technology allows you to do so. We also encourage you to change your Password regularly, and use a strong Password that you only use for our website.
Restricted Access: Scope of Use & Duty of Care
Unless otherwise expressly stated in writing, your Login Credentials are issued for your personal use only. As you are responsible for the protection of your Login Credentials, you are likewise responsible for all use that occurs pursuant to those Login Credentials. We encourage you to log out from your account, where possible, at the end of each session. You are responsible for notifying us if your account is thought to be compromised in any way including, but not limited to, unauthorized use. Any damage to, or loss of, your account as a function of your negligence or vulnerability to hacking of your Login Credentials is your responsibility and in no way covered by us.
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.
Restricted Access: Replacement Accounts
We may, at our sole discretion, change, modify, upgrade, downgrade or otherwise alter the restricted access component of this website or any associated web property. This may involve you having to create, or being issued, new Login Credentials. Any rights you have are to the material (products, services, or otherwise) and not to a specific user interface or platform. If your access is modified as such, we will notify you so that your access to restricted material continues according to your rights to it.
Restricted Access: Rejection
We may reject any application, purchase, or submission for access to protected areas of the website.
Restricted Access: Termination
We may disable your Login Credentials, at our sole discretion, if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us. Grounds for termination include, but are in no way limited to, providing false registration information, sharing Login Credentials (directly or indirectly), defeating the “protected” nature of the restricted material, etc.. Upon having your account terminated, and future access denied, any product, service, information or otherwise previously downloaded or otherwise appropriated from the website, member’s area, or otherwise shall remain subject to these Terms.
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.
iFrames, In-Bound Links, and Out-Bound Links
You are expressly forbidden and prohibited from embedding an iFrame of any portion of this website (including sub-domains and add-on domains and protected “member only” areas). Doing so will be considered a violation of our intellectual property and dealt with accordingly. If you wish to seek an exception, you must request written permission from us.
Inline linking (leeching, piggy-backing, direct linking, offsite image grabs, hotlinking, etc.) is also expressly forbidden and prohibited. Doing so will be considered a violation of our intellectual property and dealt with accordingly. If you wish to seek an exception, you must request written permission from us.
You are allowed to create text hyperlinks (outbound links) to the public portions of this website, so long as the context is appropriate to the destination on this website, your text hyperlink does not state or imply any endorsement or approval of your text hyperlink (or the website or person/entity creating it), and your text hyperlink does not in any way suggest a relationship (partnership, joint venture, etc.) between us.
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 Posts, Communications & Submissions
This section covers any and all material (information, data, written word, images, videos, sound clips, etc.) posted, communicated, submitted, or otherwise by you to us. This section applies irrespective of the conduit or the destination of the tendering. Accordingly, it applies whether the material is tendered through or to our website, discussion board, forum, other internet interface, email accounts, third-party storage devices, text messages, uploads of any kind, social media platforms and accounts, in person, via mail, or otherwise.
As a user of our website, you are responsible for your own posts and are responsible for the consequences of their posting. As a user of our website, you are likewise responsible for your own communications and are responsible for the consequences of generating them. You are likewise responsible for you own submissions and are responsible for the consequences of tendering them. 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; impersonate another person; post in violation of any law that forbids online activity of children, minors, or others proscribed by law from participating.
You are provided the opportunity to tender material by, through, and to us (in any way noted, without limitation), but we are under no obligation to allow you to do so, or allow you to continue to do so. You have the right to participate in this manner, but we have no responsibility to sustain any public display of your efforts. We have the sole, exclusive right to allow your material to display if and as we wish, and may terminate such display at any time without recourse, for any reason, or for no reason whatsoever.
Material posted, communicated, submitted, or otherwise tendered is done so with the understanding that you are providing us (or our representatives, employees, agents, anyone so delegated authorization, etc.) a non-exclusive, but irrevocable, royalty-free and perpetual worldwide license to use your material without restriction. Use includes, but is in no way limited to, copying, reproducing in any format, modifying (including creating derivative works), selling, leveraging for any gain, trading, otherwise transmitting or distributing, displaying in any setting, in any context, for any purpose. This granting of rights supersedes any proprietary and/or intellectual property rights you may have (including, but not limited to, patents, trademarks, etc.) is said material. Use of such material may also involve us identifying you as the source of said material, and such disclosure could include your name, website, or more personal information you have provided to us.
Pursuant to U.S. Copyright law requirements, you are hereby notified that any original material you produce & deliver to or through us (or any technology we own or use) is considered “work made for hire.” Accordingly, we exclusively own the copyright and all other intellectual property rights pertaining to this original material from the point of inception. As such, we have worldwide, never-expiring rights to leverage such original material as we deem appropriate. Should any original material not be construed as “work made for hire,” you nevertheless agree that you have freely assigned all rights conceivable, without compensation, in said material. In the case of non-original, or pre-existing, material you reproduce will be construed as owned in tandem with us.
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.
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 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.
You hereby agree that you will make any and all purchases, so-called “internal” and “external” (as herein expounded upon), in good faith and fair dealing. You affirm that you only make purchases you can afford, intend to pay for, and can stand to realize no return on investment from. You agree that every purchase carries a risk, markets can change (sometimes rapidly), and that products and services can become obsolete – either through natural atrophy or by design (i.e. – planned obsolescence). You agree that your purchases are being made solely for yourself and your own purposes, or on behalf of another as described henceforth. If you are making a purchase on behalf of another, and are submitting their personal data to us or a third-party, you affirm that you have the express permission to do so.
For the sake of this section, “internal purchases” refer to those purchases made from this website, or associated shopping carts or secure checkout pages (not to exclude other approved payment arrangement), that involve you buying the rights to products, services, or otherwise that are offered by us (whether generically, by company name, “doing business as,” trade name, or otherwise).
Purchases are made in the currency designated. Typically this will be evident in a shopping cart or checkout page, although other payment arrangements can be made where agreed upon. You are responsible for any currency conversion or other bank or third-party fees as a function of using a credit card, debit card, PayPal, crypto currency, or other acceptable payment form or financial service. You agree to operate with good faith and fair dealing when making purchases, and to satisfy all financial obligations to third parties you interacted with in the course and conduct of making such purchases. The preceding provisions apply whether you materially participate in the purchase yourself, someone assists you, or someone acts on your behalf.
Refunds/Returns: “Internal” Purchases
Any refund or return policy applicable to any product or service offered by us or out website would be made known at the point of, and certainly prior to, purchase. You should therefore refer to the specific policy applicable to each given purchase. As a general rule, digital products cannot actually be returned, and refunds are thus a bit of a legal fiction. Consequently, purchases (especially digital products) should be made after careful decision and with the intention that a refund would only be sought in extraordinary circumstances. Moreover, if no explicit refund or return policy is cited, you should assume that none exists and all purchases are final.
Refunds/Returns: “External” Purchases
Refunds, if any, for external purchases are governed by the third parties from whom you made the purchase.
This Agreement shall be treated as though executed, set in force, and performed in the State or Province or Region of our address on record (in the contact information area of this website) by default, or else by designating a “Governing Law” jurisdiction plainly on this website here, in parentheses (ewellness.net). Any designation made here in the preceding parenthetical entry takes priority. No parenthetical entry defaults to the location identified in the contact information of this website. Accordingly, these Terms shall be governed and construed in accordance with those laws, without regard to conflict of law principles.
Class actions (class arbitrations, combined or consolidated arbitrations/actions, merged arbitrations/actions, private attorney general actions, etc.) are prohibited, and you thus waive your right to participate in any type of representative, consolidated, class or similar action. You may, of course, seek to resolve disputes on an individual basis.
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. Any legal claim arising out of or relating to these Terms 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, or by the comparable, analogous rules of the jurisdiction of Governing Law. The arbitration shall be conducted in the Governing Law jurisdiction.
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. The only exception to this will be if and when all involved parties, including us, agree to it.
If the proscription regarding Class Actions is held unenforceable by a legal authority of competent and applicable jurisdiction, the Class Action waiver shall be severed from these Terms, all remaining Terms standing intact, and a court of competent jurisdiction will decide the matter.
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you. Neither your rights, nor your responsibilities, arising from this Agreement may be assigned to any party without express, written permission from us.
The language in these Terms 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, as the Agreement shall be construed as having been co-authored by the parties.
Should any part of these Terms be held invalid, illegal, or unenforceable by a Court of Competent Jurisdiction, that portion shall first be construed – to the greatest extent possible in the spirit with which it was written - as consistent with applicable law to remedy the defect. In the event said portion cannot be so reconciled, it shall be severed from these Terms such that all remaining, unaffected Terms stand as the Agreement, in full force and effect. In such case, severability shall apply to the remaining portions, dealt with in like fashion if and as need be.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
This Agreement Persists
To the extent permissible by relevant and applicable law, this Agreement persists, in perpetuity, continuing for the benefit of us, our successors, heirs, assigns, or legally-authorized representatives in any capacity, at our discretion, until or unless terminated by us or said parties to follow.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved.