ATTENTION: YOUR USE OF OUR WEB SITE IS SUBJECT TO OUR PRIVACY POLICY (WHICH CAN BE FOUND ELSEWHERE ON THIS WEB SITE), AND TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”). PLEASE READ THE PRIVACY POLICY AND THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE YOU SIGNIFY YOUR ACCEPTANCE OF THE PRIVACY POLICY AND OF THESE TERMS. IF YOU DO NOT AGREE WITH EITHER THE PRIVACY POLICY OR THESE TERMS, THEN DO NOT USE THIS WEB SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE PRIVACY POLICY AND/OR TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF OUR WEB SITE CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THE PRIVACY POLICY AND THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
YOU AGREE THAT WE ARE NOT ACCREDITED ADVISORS IN ANY PROFESSION, TOPIC, FIELD, AREA, SUBJECT MATTER OR OTHERWISE. YOU AGREE THAT WE ARE NOT HEALTH, FINANCE, RELIGIOUS, EDUCATIONAL, TRAVEL, GOVERNMENT, BUSINESS, SECURITY TRADING, POLITICAL, OR ANY OTHER QUALIFIED PROFESSIONALS.
NOTHING ON AND/OR FROM THIS WEBSITE SHOULD BE USED WITHOUT FIRST CONSULTING BOTH AN ACCREDITED ADVISOR AND A QUALIFIED/LICENSED PROFESSIONAL IN THE RELEVANT PROFESSION, TOPIC, FIELD, AREA, SUBJECT MATTER OR OTHERWISE.
Legal Owner (“the legal owner of this web site”)
RICHARD DAVID WALKER
Whom to Contact
Questions about the content of a specific portion of the web site should be referred to RICHARD DAVID WALKER.
If you are interested in how we can assist you with advertising, content management options, Internet marketing, web site development, and best marketing practices, or you have questions about the general content or technical aspects of this web site, then contact us using the form available by clicking “contact” on the navigation bar.
Any other questions, notices, inquiries, or requests should be forwarded in writing to our office at the address listed above.
Third Party Content
In your use of our web site, you may access content from third parties (“Third Party Content”), either via our web site or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. All pages that have an external web site URL listed at the bottom of the page are Third Party Content. You agree that by using our web site, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our web site. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, information and profiles of other users of our web site.
Proprietary Rights
You agree that all content and materials available on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site.
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us using the contact form available by clicking “contact” on the top navigation bar. You may, however, establish ordinary links to any of the pages of our web site without our written permission.
Disclaimer of Endorsement
Any reference(s) to any specific information, product(s), process(es), service(s), compan(y)(ies), sole proprietor(s) and/or otherwise by trade name(s), trademark(s), manufacturer(s), name(s), and/or otherwise on this web site or in links to this web site, shall not constitute nor be construed as an endorsement, recommendation, and/or favouring of such information, product(s), process(es), service(s), compan(y)(ies), sole proprietor(s) and/or otherwise by the the legal owner of this web site.
Username and Password
Some registration processes on this web site may allow you to select a username and password. You are solely and fully responsible for maintaining the confidentiality of your username(s) and password(s), and are solely and fully responsible for all activities that occur under your username(s) and password(s). You agree to: (a) immediately notify us of any unauthorized use of your username(s) and password(s) or any other breach of security and (b) ensure that you log off from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Termination
You agree that we, in our sole and unfettered discretion, may terminate your access to our web site for any reason, including, without limitation, your breach of these TERMS. You agree that any termination of your access to our web site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our web site. Further, you agree that we will not be liable to you or any third party for any termination of your access to our web site.
Discontinuance
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our web site with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our web site.
Representations and Warranties
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these TERMS, (b) your use of our web site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our web site and in engaging in all other activities arising from, relating to or connected with these TERMS, including, without limitation, contacting other users of our web site and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR WEB SITE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE LEGAL OWNER OF THIS WEB SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR WEB SITE WILL MEET YOUR REQUIREMENTS, (B) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR OMISSION-FREE (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR WEB SITE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEB SITE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. IF YOU FIND ANY ERRORS OR OMISSIONS, WE ENCOURAGE YOU TO REPORT THEM USING THE CONTACT FORM AVAILABLE BY CLICKING “CONTACT” ON THE TOP NAVIGATION BAR.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITS ON LIABILITY
YOU AGREE THAT:
A. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THAT WE WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR WEB SITE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEB SITE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR WEB SITE OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR WEB SITE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR WEB SITE OR THESE TERMS EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE “DISCLAIMER OF WARRANTIES” AND “LIMITS ON LIABILITY ” SECTIONS NOT APPLY TO YOU.
INDEMNITY
You agree to defend, indemnify and hold the legal owner of this web site harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our web site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Disclaimer of Duty to Continue Provision of the Data
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, home pages, and files are reorganized. User expressly agrees that use of this web site’s web site is at the user’s sole risk. Neither the legal owner of this web site nor any of its respective ‘directors, officers, employees, or agents’ warrant that the web site will be uninterrupted or error free.
Disclosure Policy
This web site may accept and/or contain forms of paid advertising, sponsorships, insertions, inclusions, posts, links and/or any other marketing activities. The legal owner of this web site may further be compensated to provide an opinion on products, services, websites and/or various other topics. The compensation received may influence the content, topics, advertising spaces, links and/or posts made in this web site and this compensation may not always be identified. Any claim, statistic, quote and/or other representation about any information source, product, process and/or service should always be verified with the provider, manufacturer, and/or party in question. This web site may also contain content, topics, advertising spaces, links and/or posts which might present a conflict of interest, and this may not always be identified as such.
Feedback Information
Any information provided to the legal owner of this web site in connection with this web site shall be provided by the submitter and received by the legal owner of this web site on a non-confidential basis. The legal owner of this web site shall be free to use such information on an unrestricted basis.
User Content
By submitting any content (including without limitation any photographs) to our web site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.
You are solely responsible for any content that you submit, post or transmit via our web site. You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous, (b) contains sexually explicit content (including nudity), (c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (d) exploits images or the likeness of individuals under 18 years of age, (e) encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes), (f) makes use of offensive language or images, (g) characterizes violence as acceptable, glamorous or desirable, or (h) contains any of your personal contact information other than your email address.
We have no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
Information posted to discussion forums, bulletin boards, chat rooms and other public forums may be displayed publicly. Please consider this before posting.
Sale or Transfer of Information in the Event of Merger, Sale, or Bankruptcy
The legal owner of this web site considers the information obtained through its web site to be significant assets of the legal owner of this web site. As a result, in the event that this web site is acquired, merges with another entity, becomes insolvent, and/or declares bankruptcy, the web site and any information obtained through them may be transferred or sold to another entity, in accordance with applicable law.
External Links Policy
A. External Web Sites Linking to This Web Site
Other Web sites are invited to include links to this web site. While we appreciate it if you let us know (using the contact form available by clicking “contact” on the top navigation bar) who you are and what part of our site you are linking to, permission is not required.
The information practices of other third-party web sites and/or web services linked to and from this web site are not covered by this Policy. You are encouraged to become familiar with the privacy policies and practices of every website you visit prior to disclosing any personal information.
B. Links to External Web Sites
We may include links to other sites that are not related to or are not the property of the legal owner of this web site. We are not responsible for the dependability or information security of these other sites, and the Information Collection Policies mentioned in our Privacy Policy pertain only to this web site.
External links do not imply any endorsement of the opinions or ideas expressed therein, or guarantee the validity of the information provided. The user specifically acknowledges the legal owner of this web site is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user.
Websites accessed from this web site via hyperlinks or links to other sites may be governed by policies and practices that differ from this Policy. You are encouraged to become familiar with the privacy policies and practices of every website you visit prior to disclosing any personal informa