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Disclaimer
Legal Notices, Terms of Service, Children’s
Privacy, Disclaimers, David Portney / David Portney & Associates and David Portney / David Portney & Associates (hereafter called "Company" or "Companies") As an inducement to Companies to provide materials on
the Internet or other methods, by using this site, inquiring from
us, reading our materials, or purchasing products or services from
us, you agree to these terms and By use of any information and hyperlinks (collectively
called "Materials"), or purchase of any products or services (collectively
called "Products") communicated through this Internet Web site,
listserver, e-mail server, e-commerce processor, autoresponders,
domain name server (collectively called "Service"), or any contacts
or transactions offline, you
hereby acknowledge, and agree to the following: Companies and our dealers, associates, agents
and licensors expressly do not make any warranties, including, without
limitation, guarantees of income, warranties of fitness for a particular
purpose, as well warranties of accuracy, completeness, currentness,
noninfringement, merchantability with respect to the Service, the
Materials, or the Products provided or offered here. Neither we nor any of our dealers, associates,
agents and licensors shall be liable for any direct, indirect, incidental,
punitive, or consequential loss, damage or injury of any kind whatsoever
in connection with the Site, Products, or Services, even if advised
on the possibility of such
damages. In no case shall our liability, as well as the
liability of our dealers, associates, agents and licensors, if any,
arising out of any kind of legal claim (whether in contract, tort
or otherwise) in any way connected with the Site, the Service, the
Material, or the Products, exceed the total dollar amount you paid
us or our dealers, associates, agents and licensors. By using the Service you assume full responsibility
for the use of all Materials and Products. You assume full responsibility
for adherence to any
and all applicable laws and
regulations, including federal, state and local, governing professional licensing,
advertising, business
practices, and all other aspects of
doing business in the United States or any other jurisdiction. Any Materials,
Products, and offerings
are void where prohibited by law. All statement, stories, research findings, etc, are derived from sources believed reliable. While all ordinary due diligence attempts have been made to verify information provided, in any publication of any nature Companies make or offer, including books, manuals, cassettes, videos, letters, websites, etc, neither Author, Publisher, nor Companies assume any responsibility for errors, omissions, or contrary interpretation of the subject matter herein. We provide information products only. Any earning claims of outside parties have not been verified and are believed true; they may not be representative of your experience. You may do better or worse. Any perceived slights of specific persons, peoples, organizations, or practices is unintentional. Participant hereby releases Companies, the Program and the Principals and Speakers from, and agrees and covenants that participant will not sue same or take any action on account of any and all claims or causes of action in connection with the Companies, Program, and, in no event shall any Course, the Companies, Program or the Principals or Speakers be liable for any punitive damages, incidental or consequential damages whatsoever. Participant acknowledges that the limitations of its remedies provided for herein do not fail of their essential purpose and that it is not unconscionable for the Course, the Program and its Principals to seek and obtain such limitations of its and their financial exposure to the Participant. Participant hereby agrees to and does indemnify Companies and any Course, the Program and its Principals and holds them, and each of them, harmless from and will defend them against any and all claims, judgments, liabilities, expenses and damages (including attorney’s fees and costs) arising out of or in connection with any breach by Participant of its obligations, agreements of covenants hereunder, and, any acts or omissions by Participant, its agents, representatives and employees whatsoever. Any and all claims and actions arising out of the Program, this document, or otherwise, shall be exclusively arbitrated in Los Angeles County, State of California, in accordance with the then prevailing Rules & Regulations of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party, unless expressly required by law. No publication released by Companies is intended for use as a source of legal, accounting, or tax advice. All information may be subject to varying national, state, and/or local laws or regulations. All users are advised to retain the services of competent professionals for legal, accounting, or tax advice. The purchaser or reader of all publications assumes responsibility for the use of said materials and information, including adherence to all applicable laws and regulations, federal, state, and local, governing professional licensing, business practices, advertising, and all other aspects of doing business in the United States or any other jurisdiction in the world. No guarantees of income are made. Publisher reserves the right to make changes. You do not have to accept these terms, you can reject any offer we make and leave the site, return the product for a refund, etc. The Author, Publisher, and Companies assume no responsibility or liability whatsoever on the behalf of any purchaser or reader of these materials. Appropriate Use of Services Companies provide certain Services, and make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. You are responsible for your own content. You agree that you will not distribute, electronically transmit or display any materials in connection with use of Companies’ Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of any party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age – this included NO pornography of any kind; that promote hate; that violate any Companies’ policy posted on Companies’ Site; or contain viruses or other computer programming defects which result in damage to any party. No "Spam". You shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You shall not engage in any unsolicited email practices in relation to Companies’ services, equipment, materials, etc. Termination. Companies may, in Companies’ sole discretion, immediately terminate any agreement, license, or service without remedy if you engage in any of the foregoing. Trademarks All trademarks or registered trademarks are property of their respective owners. Usage of other trademarks is only for illustrative, educational, or entertainment purposes, without intent to infringe. Any such trademark usage does not constitute endorsement by Companies, or any of its dealers, associates, affiliates, licensors. Copyright Unless where indicated otherwise, copyright for
all materials © David Portney / David Portney & Associates,
all rights reserved worldwide. By submitting unsolicited Material
submitted through the Service or to any email, you agree that such
material enters our copyright, unless indicated or agreed upon otherwise,
and can and may be used in Companies’ educational and marketing
efforts.. No translation or reproduction, either electronically
or mechanically, permitted without express written permission from
Companies except in cases where proper credits have been given.
Any violation of our copyrights, patents or trademarks will be quickly
prosecuted to the fullest extent of the law. For each visit to our Web site, our Web server
automatically recognizes only the visitor's IP address, but not
the e-mail address, unless the visitor volunteers their e-mail address
to us by filling out a Web form. We electronically collect the e-mail addresses
of those who post messages to our discussion forums, of those who
complete online web forms, of those who communicate with us via
e-mail, of those who make postings to our chat areas. We aggregate information on what pages and other resources
users access or visit, as well as user-specific information on what
pages users access or visit, and information volunteered by the
user, such as survey information, web form content and/or site registrations. The information we collect is used to improve
the content of our Web site, used to notify users about updates
to our Web site and used by us to contact user for marketing purposes
target to users' specific needs. If you do not want to receive e-mail from us in
the future, please let us know by responding to any system e-mailing
by clicking on the link at the bottom. This will remove your e-mail
address from our databases and Web site. This also includes removal
from e-zine mailings. We respect your privacy.
We do not share or rent our email or mailing list information with
other companies or marketers. If you supply us with your address you may receive
periodic mailings from us with information on new products and services
or upcoming events. If you do not wish to receive such mailings,
please let us know by responding to the remove link included with
each system e-mailing. Changes in Legal Terms of Use These terms of use are subject to change at any
time, without notice. All changes to these Terms of Use are published
here; we encourage you to check back often for the latest version
of this page. Publisher
reserves the right to make changes. General Provisions Product prices and availability: The price charged
for every product sold under this program will be determined by
Companies according to pricing policies. In case of any price discrepancies,
the price charged to the customer will always be the price listed
on webpage. Product
availability can change, and Company will present the best information
available to all sponsoring sites and its clients regarding course
availability. Website service interruption: Companies
will make every effort to keep their website(s) operational.
However, certain technical difficulties may, from time to time,
result in temporary service interruptions. Customer, Client, Prospect,
Surfer, Participant agrees not to hold Companies liable for any
of the consequences of such interruptions. Miscellaneous: David Portney / David Portney & Associates,
in addition to its own business, does all business for and on behalf
of David Portney / David Portney & Associates. From time to
time Companies and individuals or other companies enter into agreements.
Parties hereby agree that said individuals and companies are
independent contractors and nothing in this agreement is
intended to or will create any form of partnership, joint venture,
agency, franchise, sales representative or employment relationship
between the parties. Participant shall not assign this Agreement,
by operation of law or otherwise, without the prior written consent
of Companies. Subject
to the foregoing restriction, this agreement is binding upon, insures
to the benefit of and is enforceable by the parties and their respective
successors and assigns. Construction and Interpretation. This agreement
shall be governed and construed by the laws of the State of California.
The situs for all actions is Redondo Beach, CA. All provisions of
this Agreement are intended to be interpreted and construed in a
manner to make such provisions valid, legal and enforceable in a
court of law. If, for any reason, a provision is declared illegal
or unenforceable, the remainder of this Agreement shall not be affected
thereby and shall be interpreted so as to give full effect to the
intent of this Agreement. The provisions of this Agreement shall
be enforceable notwithstanding the existence of any claim or cause
of action of Companies against Individual/company or against Individual/company,
whether predicated on this Agreement or otherwise. Assignment. Company may assign its rights under
this Agreement and this Agreement shall inure to the benefit of
the successors and assigns of Company, and shall be binding upon
Affiliate Partner, its heirs, executors, administrators, guardians,
and permitted successors and assigns. Affiliate Partner may not
assign its rights or obligations under this Agreement without the
advance written consent of Company, which consent may be withheld
or conditioned by Company in its sole discretion. Entire Agreement and Amendment. This Agreement
represents the entire understanding of the parties with respect
to the specific matter of this Agreement and supersedes all previous
understandings, written or oral, between the parties with respect
to the subject matter. Headings are for convenience only, and not
for interpretation of Agreement. Failure by Company or Affiliate
Partner to insist upon the other party's compliance with any provision
in this Agreement shall not be deemed a waiver of such provision. We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. David Portney / David Portney & Associates and David Portney / David Portney & Associates encourages parents to go online with their kids. Here are a few tips to help make a child's online experience safer: Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc. Know the sites your kids are visiting and which sites are appropriate. Look for Web site privacy policies. Know how your child's information is treated. Check out the FTC's site for more tips on protecting children's privacy online.
YOU ACKNOWLEDGE THAT YOU ARE
FULLY COMPETENT TO CONTRACT IN YOUR OWN NAME, HAVE READ THIS
AGREEMENT, HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL
ADVISORS IF YOU SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS
SET FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT,
NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS
BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT
IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT
OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. YOU
UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS David Portney / David Portney & Associates &
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