TERMS AND CONDITIONS
TERMS, DISCLAIMERS, AND CONDITIONS OVERVIEW
Date Effective: January 2019
Intellectual Property Rights
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via e-mail or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, e-mail or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials, which are reproductions of prior works by you, shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website(s) and/or social media profile(s) by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or social media profile or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to internet websites maintained by third parties. Our linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through such websites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through their respective websites or on websites whatsoever linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and/or reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, members, managers, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a website linked to by the Site, the information obtained during your visit to that merchant’s online store or website, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies and practices. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our respective parent and subsidiary companies, agents, associates, officers, directors, members, managers, shareholders and employees from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and e-mail services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any e-mail services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site;
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site; and/or
Provide any false, inaccurate, or misleading information.
COMPANY may host and/or link to message boards, chats and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums on and/or linked to by our Site in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, our officers, directors, members, managers, employees, service providers, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on and/or linked to by the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit 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 protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES, OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS, EDUCATIONAL MATERIALS, TRAINING PROGRAMS, STRATEGIES, BOOKS, E-MAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR AGENTS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO FINANCIAL SERVICES RELATED CONTENT ON THE SITE:
COMPANY AND POSSIBLY ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE OR MAY BE FINANCIAL ADVISERS AND/OR FINANCIAL SERVICES PROFESSIONALS. REGARDLESS OF ANY FINANCIAL SERVICES LICENSURE AND/OR REGISTRATIONS HELD BY COMPANY AND/OR ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS, NOTHING CONTAINED ON THE PORTAL IS INTENDED TO BE, OR TO BE CONSTRUED AS, SPECIFIC FINANCIAL ADVICE. ANY AND ALL CONTENT IS LIMITED TO GENERAL EDUCATIONAL MATERIAL AND CARRIES NO EXPRESS OR IMPLIED WARRANTIES AS MENTIONED ABOVE.
SITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.
THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY NEED FOR SPECIFIC ADVICE WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL AND/OR OTHER PROFESSIONAL ADVISOR.
YOUR ACCESS TO THE SITE DOES NOT CREATE A CLIENT-ADVISOR RELATIONSHIP BETWEEN YOU AND THE COMPANY, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES, OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR AGENTS.
The information contained in this Site (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded and/or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal, tax, and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.
The end user of this information should therefore use the contents of this Site and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting, financial or other professional advisors.
Any case studies, examples, illustrations contained within the Site cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your personal circumstances, geographic region, local and/or state laws, personal effort and many other circumstances may and will cause results to vary.
THE INFORMATION PROVIDED IN THIS SITE PROVIDED ON AN “AS IS” BASIS. COMPANY DOES NOT PROMISE OR GUARANTEE ANY INCOME GENERATED, TAX SAVINGS ACHIEVED AND/OR ANY OTHER PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. THOSE RESULTS ARE YOUR SOLE RESPONSIBILITY AS THE END USER OF THE SITE. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.) IN PARTICULAR, COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF ANY FEES PAID FOR ANY PRODUCTS OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND JURISDICTIONS AND AS SUCH MAY BE APPLIED IN A DIFFERENT MANNER TO A PARTICULAR USER.
All sales are final and no refunds will be afforded and you waive any rights to charge-back your purchase with your credit card processor and/or banking institution.
Class Action Wavier
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are strictly prohibited.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
We don’t believe in “get rich quick” programs – only in hard work and adding value. Further, we believe that people are compensated in direct proportion to whatever value they create for others, and judged by the harshest judge of that value – the market place. Our Services are never intended to be a “get rich quick” scheme. They are designed and intended to educate users, better equipping them for navigating the challenges that real wealth creates.
The guidance provided through our Services take a lot of work and discipline just like any worthwhile endeavor, higher educational pursuit, or professional continuing education program. Please don’t enroll in our Services if you believe in the “money for nothing get rich quick” myth or ideology; we only want serious people dedicated to real personal and/or professional development who want to truly enhance their financial education and work toward improving their financial condition.
As stipulated by law, we cannot and do not make any guarantees about your ability to get results, improve your financial condition, or reduce any tax obligations with our ideas, information, tools or strategies. We are not necessarily familiar with your background and work ethic, and even if we were, you are the one that ultimately controls the results you want to and do achieve from our Services.
Any financial numbers referenced herein, or on any of our websites, are illustrative of concepts only and should not be considered average results, exact results, or promises for actual or future results. Making decisions based on any information presented in our products, events, services, websites, or Site, should be done only with the knowledge that you could experience risk and/or losses just like any endeavor. Use caution and always consult your attorney, accountant, financial advisor and/or other professional advisor before acting on this or any information related to a lifestyle change or your business and/or personal finances.
You alone are responsible and accountable for your decisions, actions and results in life, and by your use of Site you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
For correspondence, contact:
Collins Lambert, LLC
100 Corporate Drive, Suite 101
Lebanon, New Jersey 08833
Telephone: (908) 366-7630
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org
As mentioned herein above, these Terms are subject to change at any time and at the sole discretion of the COMPANY. Please visit the Site regularly for updates.
If any provision within this Agreement (other than the Class Action Waiver clause above) is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and the remainder of this Agreement will be given full force and effect. If the Class Action Waiver clause is found to be unlawful, void, or for any other reason unenforceable, a court of competent jurisdiction will decide the dispute regarding any Class Action matter.
Governing Law and Dispute Resolution
These Terms and this Agreement will be governed by and construed in accordance with the laws of the State of New Jersey. User agrees that any dispute that arises out of or relates to these Terms will be resolved via non-binding mediation in the State of New Jersey via a professional mediator obtained by the Promoter and if a successful mediation is not reached, to binding arbitration arbitrated in the State of New Jersey in accordance with the policies set forth by the American Arbitration Association.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, successors, heirs, personal and legal representatives, including any successor of COMPANY by reason of any dissolution, merger, consolidation, sale of assets or other reorganization of COMPANY.
Neither this Agreement nor any rights hereunder may be assigned by User without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its subsidiaries.