You may be referred to as Licensee. The terms ‘You’ or ‘Licensee’ includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms ‘Us,’ ‘We,’ or ‘Licensor’ includes our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access this website or to purchase products or services from us.
We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
ALL CONTENT IS PROVIDED “AS IS” AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.
Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person’s results will vary.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.
The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
We also do not offer, give or are a replacement for professional services, counseling or advice. We offer and share our opinion, as well as the opinion of experts in the industry. Please consult with a qualified professional if you need advice or care. If you are experiencing an emergency situation, please call 911 or the respective emergency provider in your local area. We are not a substitute for professional or urgent care.
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic
You will not provide false or misleading information to us.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or out website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
User Provided Content
Your access to this website is personal to you and you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or share your rights under this Agreement with others. You will not give others access to your username and password.
If you post information or content of any type (including but not limited to text, images, graphics, sounds, etc.) for use or display, privately or publicly, you own your content. You are responsible for your content and ensuring it complies with all applicable laws.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright, moral, and publicity rights in your content, in any manner whatsoever, in any media or form now known or which may be created in the future, including in other works and forms not associated with this website. This includes, but is not limited to, the ability to edit, modify, store, display, distribute and prepare derivative and adaptive works.
If provided for in the website, you grant the same rights to other users.
You do not have any rights to the content we or other uses create, even if based on your content.
You are not entitled to demand removal of any content, including content you have created or which is based on such content, even if your account is terminated.
You agree to indemnify us for any damages, loss, or costs caused by your actions, including attorney fees we may occur, resulting in whole or in part from your breach of these terms, or any content you provide.
We reserve the right to delete or require the modification of accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual or company.
The appropriateness of all usernames, membernames, and access identifiers is at our sole discretion.
We reserve the right to refuse membership, access, or continued access to the service, or any part of the service, to any user at any time for any reason and without explanation.
You will not use the membership area or public areas to harass or abuse other members or commenters. Individuals who have harassed others may be removed.
If you breach this agreement your membership or ability to post may be terminated without notice.
Notices for Copyright Violations
Our website and services may allow others to add files or content to our website or services. Links may also be added to websites that are controlled by others. This may be done automatically and without our review.
It is our policy, to suspend or terminate the accounts or access of users who may intentionally or repeatedly infringe the copyrights others. Whether we choose to do so is entirely within our discretion.
If you believe that your material for which you own the copyright has been infringed upon or violated, please provide our Copyright Agent, in writing, with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement is:
30 Wall Street, 8th Floor
New York, NY 10005
This Agreement in all respects shall be governed by and construed according to the laws of the State of New York, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in New York County, New York. You consent to the exclusive jurisdiction of the state of New York and county of New York for any dispute arising from or related to this Agreement.
You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the state of New York and county of New York.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
Date of this Agreement: July 19, 2013
Modifications: September 4, 2015