Any Website owner that derives compensation through the sale of products or services that are written about within the context of the content posted on their Website is required by law to give you this notice. If they do not, they are in violation of Federal law. The owners of this Website derive a significant portion of the revenues for this Website (This means that we are compensated) from affiliate relationships with various providers of products and/or services that are advertised, commented upon or endorsed by this Website’s owners. This Website’s owner may also be compensated for recommendations of products or services presented within the context of the content and editorial on this Website, as well as through advertisements and/or links to other Websites that may be displayed on this website.
At times we provide promotional consideration for companies, products, and services that we either own, are partnered or affiliated with, or are actively promoting through our Website in return for direct compensation or promotional consideration. In those instances we will do our best to clearly state that we have a financial interest in the same either within the context of the content provided or as a specific notice at the end of any content that is posted by our editorial staff.
To be clear, our website may contain affiliate marketing links, which means we may get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships. This disclosure is provided in accordance with the Federal Trade Commission’s 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising.
The information, content, editorial, and commentary posted on our site are provided for informational purposes only and do not constitute a professional or consultant-client relationship, or professional advice. The owners of this site, its writers, staff, affiliates, or content providers shall not be responsible for any claims, damages, demands or liabilities of any kind arising from or related to the use of this site or the information found on it. Our site is not exhaustive nor does it cover all issues, topics or facts that may be relevant to your needs or goals; however, the information here may be used as a general guideline in conjunction with the advice and counsel of legal, accounting, and business professionals trained in the area of expertise you need information, counsel or guidance in, but nothing beyond that.
The content on our site is not necessarily complete and up-to-date and should not be used to replace any official written reports, statements, or notices that we provide our clients, customers, investors, or other persons that have a vested interest or formalized relationship in or with us or our site. You should use the content in the same manner as any other educational medium, but not rely on the content to the exclusion of your own judgment or advice of a legal, accounting or business professional.
TERMS OF SERVICE
These Terms of Service (TOS) govern the use of this Website (“we, us, our”) and those Websites that are affiliated with this Website (“Site”) and its owner David Ward. A visitor’s, user’s, subscriber’s, client’s or customer’s (“you” “your” “yours”) choice to access this Site indicates your acknowledgment and complete acceptance of these TOS. We reserve the sole and exclusive right to modify these TOS at anytime at our sole discretion. Your use of our site after any changes are published constitutes your acknowledgment and full acceptance of these changes. We strongly recommend you periodically, if not prior to every use of our site, consult these TOS so that you can be aware of any changes that may have occurred since your last visit to our site. We also strongly encourage you to seek competent legal advice if you do not fully understand these TOS.
Legal Access to Site
Accessing our site is your acknowledgment that you are a minimum of eighteen (18) years of age, legally emancipated, and/or age of legal consent in the State you reside; and, if you are not, you are not permitted to access this site for any reason. Furthermore, due to the age requirements/restrictions for this site, no information of any kind obtained from this site falls within the Children’s Online Privacy Protection Act (COOPA), and is not monitored as such. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources; and to terminate or suspend your access at any time, without notice.
Proprietary and Copyrighted Information
We are in the information business, and that of providing valuable and needed knowledge and understanding about a wide range of issues relating to personal development, business development, business management, online marketing, and success coaching. Most of what you will find on our site is our own content (“content”) and we consider our content proprietary information. Some of the content on our site is licensed or used by permission by others who we are in professional relationship or partnership with. In every instance and in every case, all of our site’s content is provided without permission to recopy or redistribute it in any way or by any means. In every instance where we provide content from another source, we have received the express permission or license to use that content from its owner or licensor. As such, we retain all right, title, and interest in that content. The content may not be manipulated, altered, re-edited for personal use, copied, distributed, republished, uploaded, posted, transmitted in any way without our prior written consent or unless authorized in writing elsewhere on our site. We do allow you to print out a single copy of any content for your sole personal use, but not for presentation purposes. If you print out any document or article, you agree not to remove, alter or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. It is a very big no-no (which means you cannot) to modify or use our content except as expressly provided in these TOS, and we will consider it a violation of our intellectual property rights if you do. Further, the title of or intellectual property rights of our content are not transferred to you by access to this site or any of our other affiliated, partner, or wholly owned websites on the World Wide Web.
Trademarks, service marks, and logos appearing in this site are our property or the property of the respective parties hereto whose trademarks, service marks, and/or logos appear on our site. we or any party that provides trademarks, service marks, and logos to our site retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Restrictions for Use
We give you full permission to use this site for what it is expressly made for, and only for the purposes expressly permitted by us. You are not permitted to use this site for any other purpose, including any commercial purpose, without our express prior written consent. As an example of restrictions that could get you in big trouble with our legal department, you are not allowed to personally authorize someone else to co-brand this site, i-frame this site for personal or commercial use, or hyper-link to this site without express written permission from us. If you would like to become an affiliate of our site, partner with us, or become a part of one of our Success Alliance Teams, please contact us at affiliates [at] sdward.com. As it relates to these Terms, “co-branding” specifically means to display a name, logo, trademark, or other means of acknowledgement or identification of anyone (person or entity) in a manner as is likely to give a user the impression that you or someone else has the right to display, publish, or distribute this site or its content, whether publicly accessible or subscription-based. If you use this website, and intentionally or unintentionally cause the unauthorized use of it through co-branding, i-framing or hyper-linking by any individual or entity that you are directly or indirectly associated with, you agree to cooperate with our legal department fully to bring to an end any misuse of our Website or its content.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information about them; infringes upon any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above. We reserve the right to monitor use of this site to determine compliance with these TOS, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither we nor any third party that provides content to us or our site will assume or have any liability for any action or inaction by us or such third party with respect to any submission.
We often hyper-link to other sites which are not maintained by, or related to us. When we provide hyper-links to you, we do so as a service, and you understand that we do not necessarily sponsor the sites that we link to from our site, and that they may not necessarily be affiliated with us or our site. In most cases, we do not review the sites we link to on a regular basis, so we cannot be responsible in any way as to the type and nature of the content on those destination sites or the validity of the content on those sites. This means that hyper-links are to be accessed at your own risk and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by us of that site.
If you submit any material or content to our Website, or post any of the same to our Website, including but not limited to blog posts, comments, forum or discussion group entries, you grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us or our company through this site (together, hereinafter known as the “submission”); and to incorporate any submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any submission as confidential, and may use any submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of our site or company. We will treat any personal information that you submit through this site in accordance with its Privacy Statement and/or Policy as set forth on this site.
Operability and Security Disclaimer
you understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security on your own computer and its operability as a result of using our site. We do not assume any responsibility or risk for your use of our site. If you are unsure as to the security of your computer, we suggest that you seek out assistance by a qualified individual to counsel you on the security needs of your system(s) used to access our site.
Use at Your Own Risk
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Content provided here is on an “as is” basis and without warranties of any kind, either expressed or implied. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant the functions or content contained in this site will be uninterrupted or error-free, but that defects will be corrected when we are notified in as timely a way as possible. We do not warrant that this site or the server that makes it available to you are free of viruses or other harmful components or invulnerable to attacks by hackers, viruses or anything else that might cause its instability and/or lack of operability. We do not warrant or make any representation regarding your use, or the result of your use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. You assume the entire cost associated with any loss or damages arising out of the use of this site, in the event of any loss or damage arising from the use of this site or its content. We make no warranties that your use of our site or its content or materials or services sold will not infringe the rights of others and we assume no liability or responsibility for any errors or omissions in our content, the links to and from our site or the materials offered on or through our site. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we don’t undertake any obligation to update the information after it is posted or to remove that information from this site if it is not or is no longer accurate or complete.
Limitation on Liability
Your use of our site means you understand and agree that we, our users, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if we have been advised of the possibility of such damages. In no event will the collective liability of our company, its parent company, subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party regardless of the form of action, whether in contract, tort, OR otherwise exceed the greater of $35.00 or the amount you have paid to us for the Applicable content, products or service out of which the liability arose.
You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (“Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of content other than as expressly authorized in these TOS. You also agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the indemnified parties in connection with the same. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed on or from this site.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). We will be entitled to monitor your password and, at our discretion, require you to change it if we think it is to weak a password. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account for your protection. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these TOS. We reserve the right to fully cooperate with any law enforcement authorities or court orders requesting us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOS. By accepting this Agreement you waive and hold us completely harmless from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or law enforcement authorities.
If any part of these TOS is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These TOS constitute the entire agreement between the owners of this Website and those who are using this Website. Notwithstanding any of the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these TOS at any time by updating this posting.
These TOS will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Florida in connection with any dispute between you and us arising out of these TOS or pertaining to the subject matter hereof. The parties to these TOS each agree that the exclusive venue for any dispute between the parties arising out of these TOS or pertaining to the subject matter of these TOS will be in the state and federal courts in Alachua or St. Johns County, Florida at our sole discretion.
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