Site Terms of Service, an Enforceable Legal Agreement.
Last updated April 8, 2020.
User Prohibited From Illegal Uses
User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
User represents and warrants that:
- User will use the Services only as provided in these Terms;
- User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
- User will provide accurate, complete, and current information to the Site and its owner(s);
- User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.
You may register to be a User on our Service, which will give you additional benefits such as creating a profile, being able to access training programs and product purchases, and interact with other Users. Some areas of our site are viewable to guests and unregistered users, but their abilities are limited. If you do register as an official User of the Site, you may not authorize anyone else to use the Site with your account or password. We are not responsible or liable for anything related to these activities because you communicate and participate in such activities at your own risk.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU USE THE SITE AT YOUR OWN RISK AND WE ARE NOT PROMISING THAT YOU WILL OBTAIN ANY SPECIFIED TYPE OF INFORMATION OR ANY MINIMUM LEVEL OF SERVICE.
THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
You agree that we, and those parties that help us to create, maintain or deliver Site content, shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act; the acts or omissions of any third party, including but not limited to any telecommunications service provider; events or causes beyond the Site’s reasonable control; or any indirect, incidental, consequential, special or exemplary damages (including for example, lost profits and damages from loss of use) resulting from using the Site, unless the law requires us to be liable for such damages. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. You agree to assume all risk and liability arising from the use of our online services, including the risk of breach in the security of our system. If your information is stolen as the result of a breach in our system, or items meant to be private, such as private messages, somehow become public, this is part of the inherent risk you take in using our services and the Site. If you fail to follow these Terms at any time, we can immediately stop you from using the Site again and you will be responsible for any damages that we may suffer.
Except for items that you have marked as private or confidential, anytime you send us anything and specify it as publicly available (pictures, graphics, information, articles, postings, or data, all of which we will generally refer to as “content”) you are giving us the right to edit, duplicate, and/or delete it. If we decide to use your content for website promotions, we will notify you and ask your permission first. If you send us content, it is your responsibility to make sure that you have permission to use it and to send it to us so that we can use it. You can continue to use the content even after you send it to us, so long as you either own the content yourself or the person owning the content gave you the right to use it.
With the exception of email to us that you have marked as private or confidential, you should consider everything posted to the Site as public information. The content of chats, comments, discussions, message boards, forums, private messages, and forums is not endorsed by us and we are not responsible for its accuracy. We reserve the right to screen all postings and to monitor all discussions, although we are not obligated to do so. We have the right to remove any or all content we receive from Users. We are not responsible for any material on the site that you might find objectionable.
We may provide you with links to other sites. We are not responsible for the information or services provided by those sites and the fact that we provided you with a link to them does not mean that we endorse the site or the information or services provided by the site.
This site contains affiliate links, meaning that if you click on one of the links and purchase an item, we may receive a commission (at no additional cost to you). We may receive a commission for purchases made through these links.
However, our reviews and product recommendations are unbiased and the compensation in no way affects the products or services we love and recommend. All opinions are our own and we do not accept payments for positive reviews. We try our best to keep things fair and balanced, in order to help you make the best choice for you. We only promote products or services that we have investigated and truly feel deliver value to you.
Changes to the Site and the Services
The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.
This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/
The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
We are not responsible for the content that is placed on the Site by its Users. However, content placed on the Site by Users or by us at the request of a User, becomes the property of Fullerton Media Inc.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.
All rights not expressly granted in these Terms are reserved by the Site. You are not allowed to copy or retransmit anything from our site without our express written permission.
If content is found to be violating copyright, please contact us at [email protected] and the material will be removed by request.
Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.
If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.
We are based in North America and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of North America, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in North America will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.
If you have any questions about these Terms, please contact us at [email protected]