By using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.

You agree to obey all applicable laws and regulations regarding your use of the Site and the content and materials provided in it.

SUMMARY:

First, you can always contact us by clicking the “Contact Us” link in the footer of our pages.

The website Privacy Policy, which may change at any time, is a part of these Terms of Service and Conditions of Use. You may review this Privacy Policy by clicking the “Privacy Policy” link in the footer of our pages.

The website Disclaimer, which may change at any time, is also part of these Terms of Service and Conditions of Use. You may review this Disclaimer by clicking the “Disclaimer” link in the footer of our pages.

The website DMCA Policy, which may change at any time, is also part of these Terms of Service and Conditions of Use. You may review this DMCA Policy by clicking the “DMCA” link in the footer of our pages.

The website Copyright Notice is simple, all-encompassing, and completely incorporated into these Terms of Service and Conditions of Use. It is summed up as follows: ALL material in any way disseminated by us, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property.  The failure to itemize any item whatsoever does not take it without the protection of this declared copyright notice.  You may review the full Copyright Notice by clicking the “Copyright Notice” link in the footer of our pages.

The website Anti-Spam Policy is simple, all-encompassing, and completely incorporated into these Terms of Service and Conditions of Use. It is summed up as follows: We do not spam.  Email marketing you may receive only happens because you asked for it.  We allow our customers to freely sign up to receive information from us.  Likewise, we allow our customers to freely unsubscribe in each and every email we automatically generate.  You may review the full ANTI-SPAM Policy by clicking the “Anti-Spam Policy” link in the footer of our pages.

The 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.  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.

The website (and other “internal” websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog) (the “Site”) is an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parties collectively referred to as the Site).  PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.  BY ACCESSING OR USING THE SITE, 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 THE SITE.  IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE THE SITE. 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 THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.

1. Copyright, Licenses and Idea/User Submissions.

The entire contents of the Site are protected by intellectual property law, including international copyright and trademark laws.  The owner of the copyrights and/or trademarks are the Site, and/or other third party licensors or related entities.  You do not own rights to any article, book, document, BLOG post, or other materials viewed through the Site.  The posting of data on the Site, such as a BLOG comment, does not change this fact and does not give you any right in the data.  YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.  You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.  The use of the Material on any other Web site 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 Material automatically terminates and you must immediately destroy any copies you have made of the Material.

You are granted a nonexclusive, nontransferable, revocable license to use my website only for private, personal, noncommercial reasons.  You may print and download portions of material from the different areas of the Site (where applicable and available) solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.  As a user, you agree to use the products and services offered by the Site 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. The Site prohibits conduct that might constitute a criminal offense, gives rise to civil liability or otherwise violates any law.  Any activity that restricts or inhibits any other user from using the services of the Site is also prohibited.  Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.

You agree to grant to the Site 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 the Site (such as bulletin boards, forums, BLOGS, and newsgroups) or by e-mail to the Site by all means and in any media now known or hereafter developed.  You also grant to the Site 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 the Site for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Site.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of the Site or related parties.  Other product and company names mentioned in the Site may be the trademarks of their respective owners.

LINKS TO SITE.

You may provide links to the Site, provided you do not change, remove, or obscure the copyright notice or other notices on the Site.  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 the Site immediately upon request by the Site.

2. Use of the Site.

Data contained on or made available through the Site is not intended to be, and does not constitute, legal advice.  The Site, 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 the Site.

Your use of the Site or materials linked to the Site is completely at your own risk.  You should not act or depend on any data on the Site without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues.

We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any data appearing on the Site.

Restricted access
Access to certain areas of the Site is restricted. We reserve the right to restrict access to other areas of the Site, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that that user ID and password is kept confidential. 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 the Site or any other contractual obligation you owe to us.

You understand that, except for information, products or services clearly identified as being supplied by the Site, the Site does not operate, control or endorse any information, products or services on the Internet in any way.  Except for information identified by the Site as such, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with the Site and we may be compesated. You also understand that the Site cannot and does not guarantee or warrant that files available for downloading through the Site 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 the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE SITE PROVIDES THE SITE 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 SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE SITE 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.  THE SITE 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. THE SITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
The Material may contain inaccuracies or typographical errors.  The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material.  Use of the Site and the Material is at your own risk.  Changes are periodically made to the Site, and may be made at any time.

The Site DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS.  IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  THE SITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.  THE SITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Express Disclaimer of Consequential Damages

IN NO EVENT WILL THE SITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT 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 THE SITE 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, the aggregate liability of the Site and any affiliated parties for any claim arising out of or relating to the Site shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against the Site and any affiliated party.  In sum, if any given State limits that limitation, the Site LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Links to Other Sites.

The Site contains links to third party Web sites.  The Site makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a web site from the Site, please understand that it is independent from the Site, and that the Site has no control over the content on that web site. These links are provided solely as a convenience to you and not as an endorsement by the Site of the contents on such third-party Web sites.  The Site is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party Web sites.  If you decide to access linked third-party Web sites, 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 the Site, 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 the Site 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.

The Site does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site.  You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.

The Site does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site.  If observed by the Site and/or notified by a user of communications which allegedly do not conform to this agreement, the Site may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.  The Site has no liability or responsibility to users of the Site for performance or nonperformance of such activities. The Site reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

3. Indemnification.

You agree to indemnify, defend and hold harmless the Site, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of the Site 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 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 may be terminated by either party 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

6.Hiring an Investment Advisor, Attorney, or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.

Choosing a lawyer or investment advisor is a serious matter and should NOT be based solely on data contained on the Site 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.

You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client 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.

This Agreement shall treated as though executed, set in force, and performed in Wilmington, Delaware.  Accordingly, it shall be governed and construed in accordance with the laws of the State of Delaware in terms of those applicable to agreements, without regard to conflict of law principles.  Any cause of action by you with respect to the Site 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 Use.  Any legal claim arising out of or relating to these Terms of Use or the Site, excluding intellectual property right infringement claims by us, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules.  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 arbitration shall be conducted in Wilmington, Delaware.  Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees.

the Site’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

The Site may assign its rights and duties under this Agreement to any party at any time without notice to you.

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.  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 possibly consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.  To the extent that anything in or associated with the Site 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. 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.