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Terms Of Service

Site Terms of Service, an Enforceable Legal Agreement.
Last updated April 8, 2020.

Introduction

These Terms of Service and our Privacy Policy (together the “Terms”) govern all use of chadfullerton.com and that site’s services (together the “Site” or “Services”). The Site is owned by Fullerton Media Inc. located at 32-115 King Street East, Hamilton, Ontario, L8N 1A9. The Site is run and managed by Fullerton Media Inc. The owners and contributors to the Site will be referred to as “I,” “we,” “us,” or “our” in these Terms. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

By accessing or using this Site, and/or by clicking anywhere on this Site to agree to these Terms, you and every other user (“you” or “User” as applicable) are deemed to have read, understood and agreed to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICE OR SITE. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS, VARIOUS LIMITATIONS AND EXCLUSIONS. You can reach us by email at [email protected]

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.

Our Service

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.

Limited Liability

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.

Site Content

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.

Affiliate Disclaimer

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.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, affiliates or contributors, you agree to indemnify and hold us and any such user, partner, affiliate, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use. You agree to indemnify and hold us, our subsidiaries and affiliates, and each of their administrators, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Intellectual Property

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.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

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.

Disputes

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.

General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site. Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises. Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services. If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services. There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law. Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Terms Contact

If you have any questions about these Terms, please contact us at [email protected]