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Copyright Notice
Postcard-Template.com
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 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 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, 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.
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 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, 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
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.
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.