General
This website (the “Site”) is owned and operated by THOUGHT FORTUNE PRESS LLC (“THOUGHT
FORTUNE PRESS” “we” or “us”). By using the Site, you agree to be bound by these
Terms of Service and to use the Site in accordance with these Terms of Service,
our Privacy Policy, our Refund Policy and any additional terms and conditions
that may apply to specific sections of the Site or to products and services
available through the Site or from THOUGHT FORTUNE PRESS. Accessing the Site,
in any manner, whether automated or otherwise, constitutes use of the Site and
your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to
impose new conditions on use of the Site, from time to time, in which case we
will post the revised Terms of Service on this website. By continuing to use
the Site after we post any such changes, you accept the Terms of Service, as
modified.
Intellectual Property Rights
Our Limited License to You. This Site and all
the materials available on the Site are the property of us and/or our
affiliates or licensors, and are protected by copyright, trademark, and other
intellectual property laws. The Site is provided solely for your personal
noncommercial use. You may not use the Site or the materials available on the
Site in a manner that constitutes an infringement of our rights or that has not
been authorized by us. More specifically, unless explicitly authorized in these
Terms of Service or by the owner of the materials, you may not modify, copy,
reproduce, republish, upload, post, transmit, translate, sell, create
derivative works, exploit, or distribute in any manner or medium (including by
email or other electronic means) any material from the Site. You may, however,
from time to time, download and/or print one copy of individual pages of the
Site for your personal, non-commercial use, provided that you keep intact all
copyright and other proprietary notices.
Your License to Us. By posting or submitting any
material (including, without limitation, comments, blog entries, Facebook
postings, photos and videos) to us via the Site, internet groups, social media
venues, or to any of our staff via email, text 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, email, text 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,
email 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 THOUGHT FORTUNE PRESS from their
creation. Thus, THOUGHT FORTUNE PRESS 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 THOUGHT FORTUNE
PRESS 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 THOUGHT FORTUNE PRESS
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
material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that THOUGHT FORTUNE PRESS has the right but
not the obligation to use and display any postings or contributions of any kind
and that THOUGHT FORTUNE PRESS 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 site 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 other service any of our
material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to
Internet sites maintained by third parties. Our linking to such third-party
sites does not imply an endorsement or sponsorship of such sites, or the
information, products or services offered on or through the sites. In addition,
neither we nor affiliates operate or control in any respect any information,
products or services that third parties may provide on or through the Site or
on websites 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 THOUGHT FORTUNE PRESS. Neither THOUGHT FORTUNE PRESS
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content. Furthermore, THOUGHT FORTUNE PRESS
neither endorses nor is responsible for the accuracy and reliability of any
opinion, advice, or statement made on any of the Sites by anyone other than an
authorized THOUGHT FORTUNE PRESS representative while acting in his/her
official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND BY THOUGHT FORTUNE PRESS AND ANY THIRD-PARTY SITES 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 SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold
harmless THOUGHT FORTUNE PRESS its affiliates, their successors, transferees,
assignees and licensees and their respective parent and subsidiary companies,
agents, associates, officers, directors, 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.
Online Commerce
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 site linked to by the Site, the
information obtained during your visit to that merchant’s online store or site,
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. 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 affiliates 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 THOUGHT FORTUNE PRESS 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.
Interactive Features
This Site may include a variety of features, such as
bulletin boards, web logs, chat rooms, and email 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 email 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.
THOUGHT FORTUNE PRESS may host message boards, chats and
other public forums on its Sites. 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 in the future. THOUGHT
FORTUNE PRESS 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 THOUGHT
FORTUNE PRESS staff, THOUGHT FORTUNE PRESS’s outside contributors, or by users
not connected with THOUGHT FORTUNE PRESS, some of whom may employ anonymous
user names. THOUGHT FORTUNE PRESS 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, 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 THOUGHT FORTUNE PRESS or any of its subsidiaries or affiliates.
THOUGHT FORTUNE PRESS has no obligation whatsoever to
monitor any of the content or postings on the message boards, chat rooms or
other public forums on the Sites. 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.
Registration
To access certain features of the Site, we may ask you to
provide certain demographic information including your gender, year of birth,
zip code and country. In addition, if you elect to sign-up for a particular
feature of the Site, such as chat rooms, web logs, or bulletin boards, you may
also be asked to register with us on the form provided and such registration
may require you to provide personally identifiable information such as your
name and email address. You agree to provide true, accurate, current and
complete information about yourself as prompted by the Site’s registration
form. If we have reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or any
portion thereof). Our use of any personally identifiable information you
provide to us as part of the registration process is governed by the terms of
our Privacy Policy.
Passwords
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 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 OF OTHERS, BOOKS, EMAILS, 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 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 THOUGHT
FORTUNE PRESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS
ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO FINANCIAL CONTENT ON THE SITE:
NEITHER THOUGHT FORTUNE PRESS NOR ITS OWNERS, OFFICERS,
DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON
THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.
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.
The information contained in this program (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 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 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 program 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 or other advisors.
Any case studies, examples, illustrations cannot guarantee
that the user will achieve similar results. In fact, your results may vary
significantly and factors such as your market, personal effort and many other
circumstances may and will cause results to vary.
THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND
PROVIDED ON AN “AS IS” BASIS. THOUGHT FORTUNE PRESS LLC DOES NOT PROMISE OR
GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION
CONTAINED HEREIN.THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE
PRODUCT. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT APPLY TO
YOU.) IN PARTICULAR, THOUGHT FORTUNE PRESS 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 THE PURCHASE PRICE OF THE PRODUCT 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.
Termination
We may cancel or terminate your right to use the Site or any
part of the Site at any time without notice. In the event of cancellation or
termination, you are no longer authorized to access the part of the Site
affected by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Site, and the disclaimers and
limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event
may or may not provide for any refund. Each specific product, service,
event or course will specify its own refund policy.
Other
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 THOUGHT FORTUNE PRESS infringe
your copyright, you, or your agent may send to THOUGHT FORTUNE PRESS 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 THOUGHT FORTUNE PRESS
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 THOUGHT FORTUNE PRESS 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. THOUGHT FORTUNE PRESS’s Copyright
Agent for notice of claims of copyright infringement or counter notices can be
reached as follows: fortune@thoughtfortunepress.com.
This Agreement shall be binding upon and inure to the
benefit of THOUGHT FORTUNE PRESS and our respective assigns, successors, heirs,
and legal representatives. Neither this Agreement nor any rights hereunder may
be assigned without the prior written consent of THOUGHT FORTUNE PRESS
Notwithstanding the foregoing, all rights and obligations under this Agreement
may be freely assigned by THOUGHT FORTUNE PRESS to any affiliated entity or any
of its wholly owned subsidiaries.
Dispute Resolution:
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Indiana and any dispute shall be
subject to binding arbitration in Indianapolis, Indiana. If any provision of
this agreement shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
Class Action Waiver
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
aren’t allowed.
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.
Severability
If any clause within this Provision (other than the Class
Action Waiver clause above) is found to be illegal or unenforceable, that
clause will be severed from this Provision, and the remainder of this Provision
will be given full force and effect. If the Class Action Waiver clause is found
to be illegal or unenforceable, this entire Provision will be unenforceable and
the dispute will be decided by a court.