TERMS AND CONDITIONS
Last updated August 10, 2021
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietaryproperty and all source code, databases, functionality, software, websitedesigns, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logoscontained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. TheContent and the Marks are provided on theSite “AS IS” for your information andpersonal use only. Except as expressly provided in these Termsof Use, no part ofthe Site and no Content or Marks may be copied, reproduced,aggregated,republished, uploaded, posted, publicly displayed, encoded,translated,transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercialpurpose whatsoever, without our express prior writtenpermission.
Provided that you are eligible to use the Site, you aregranted a limited license toaccess and use the Site and to download or print acopy of any portion of theContent to which you have properly gained accesssolely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to theSite, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to createorcompile, directly or indirectly, a collection, compilation, database, ordirectorywithout written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempttolearnsensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related featuresoftheSite, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Sitein order toharass, abuse, orharm another person.
- Make improper use of our support services or submit false reports ofabuseormisconduct.
- Use the Site in a manner inconsistent with any applicable lawsorregulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses,Trojanhorses, or other material, including excessive use of capital lettersandspamming (continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site.
- Engage in any automated use of the system, such as using scripts tosendcommentsor messages, or using any data mining, robots, or similar datagathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the usernameofanotheruser.
- Upload or transmit (or attempt to upload or to transmit) any materialthatactsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site orthenetworksor services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees oragentsengagedin providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent orrestrictaccessto the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile,disassemble,orreverse engineer any of the software comprising or in any way making up apart of the Site.
- Except as may be the result of standard search engine or Internetbrowserusage, use, launch, develop, or distribute any automated system,includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collectingusernamesand/or email addresses of users by electronic or other means for thepurposeof sending unsolicited email, or creating user accounts by automated means orunder false pretenses.
- Use the Site as part of any effort to compete with us or otherwise usetheSiteand/or the Content for any revenue-generating endeavor or commercialenterprise.
- Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
You and the Site agree that we may access, store, process, and use anyinformation and personal data that you provide following the terms of the PrivacyPolicy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownershipof all of your Contributions and any intellectual property rights or other proprietaryrights associated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agreeto exonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site (“Submissions”) provided by youto us are non-confidential and shall become our sole property. We shall ownexclusive rights, including all intellectual property rights, and shall be entitled to theunrestricted use and dissemination of these Submissions for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you. Youhereby waive all moral rights to any such Submissions, and you hereby warrantthat any such Submissions are original with you or that you have the right tosubmit such Submissions. You agree there shall be no recourse against us for anyalleged or actual infringement or misappropriation of any proprietary right in yourSubmissions.
your data to the United States, and you agree to have your data transferred to andprocessed in the United States.
If we terminateor suspend your account for any reason, you are prohibited fromregistering andcreating a new account under your name, a fake or borrowedname, or the name ofany third party, even if you may be acting on behalf of thethird party. Inaddition to terminating or suspending your account, we reserve theright totake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right tomodify or discontinue all or part of the Site without notice at any time. We will notbe liable to you or any third party for any modification, price change, suspension,or discontinuance of the Site.
There may beinformation on the Site that contains typographical errors,inaccuracies, oromissions, including descriptions, pricing, availability, and various
otherinformation. We reserve the right tocorrect any errors, inaccuracies, oromissions and to change or update theinformation on the Site at any time, withoutprior notice.
THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE ATYOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITHTHE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NOWARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY ORCOMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROMYOURACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TOOR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4)ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THESITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAYBE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTYTHROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOUANDANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITHTHEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM ORIN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintaincertain data that you transmit to the Site for the purpose ofmanaging theperformance of the Site, as well as data relating to your use of theSite. Although we perform regular routine backupsof data, you are solelyresponsible for all data that you transmit or thatrelates to any activity you haveundertaken using the Site. You agreethat we shall have no liability to you for anyloss or corruption of any suchdata, and you hereby waive any right of actionagainst us arising from any suchloss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications,and you agree that all agreements, notices, disclosures, and othercommunications we provide to you electronically, via email and on the Site, satisfyany legal requirement that such communication be in writing. YOU HEREBYAGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, or other laws inany jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means otherthan electronic means.
CALIFORNIA USERSAND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact theComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at:
Fairdinkum Consulting LLC
15 East 32nd Street
New York, NY 10016