Terms of Use Agreement
If you do not agree to the Terms of Use, please discontinue using the site immediately! By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site. Please check this Agreement periodically for changes as Eric Holmlund LLC (Owner) reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. Owner reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well. Restrictions on Use of Materials Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Owner is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Database Ownership, License, and Use Except with regard to personal information, all information which you post on this site or communicate to Owner through this site (collectively "Submissions") shall forever be the property of Owner. Owner shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, Owner shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party. Software Disclaimer The software is distributed "as is" and with no warranties of any kind, whether express or implied, including and without limitation, any warranty of merchantability or fitness for a particular purpose. The user (you) must assume the entire risk of using the software. In no event shall any individual, company or organization involved in any way in the development, sale or distribution of this software be liable for any damages whatsoever relating to the use, misuse, or inability to use this software (including, without limitation, damages for loss of profits, business interruption, loss of information, or any other loss). Trademarks Owner's, licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties. Third party sites You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Owner, are not monitored or reviewed by Owner, and Owner is not aware of the contents of such sites. You acknowledge that Owner is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by Owner, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Owner and its licensors have no liability whatsoever from such third party sites and your usage of them. Disclaimer of warranties Owner, its advertisers and licensors make no representations or warranties about this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. All information and use of this site are provided "as is" without warranty of any kind. Owner, advertisers and/or its licensors hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Owner, advertisers and/or its licensors do not warrant that the contents or any information receive through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction. EARNINGS DISCLAIMER EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS OR SOFTWARE PROVIDED WITH THIS WEBSITE. EXAMPLES IN THIS WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING THE INFORMATION INCLUDED TO THIS WEBSITE, THE IDEAS AND THE TECHNIQUES. WE DO NOT PURPORT THIS AS A GET RICH SCHEME. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN THIS WEBSITE DEPENDS ON THE TIME YOU DEVOTE TO THE IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS IN THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS THAT GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS ANTICIPATE, ESTIMATE, EXPECT, PROJECT, INTEND, PLAN, BELIEVE, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL. Limitation of liability Under no circumstances shall Owner, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Owner, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Owner, advertisers and/or its respective licensors' liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction. Indemnification You agree to defend, indemnify, and hold harmless Owner, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Owner reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Owner in asserting any available defenses. Legal compliance Owner may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. Of its agents, officers, directors, contractors or employees. In such event, Owner may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Owner shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Owner for such disclosure. Choice of law and forum This site (excluding third party linked sites) is controlled by Owner from its offices within Larimer County, State of Colorado, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Larimer County, State of Colorado, by accessing this site, both you and Owner agree that the statues and laws of Larimer County, State of Colorado shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and Owner also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Larimer County, State of Colorado and any legal proceedings shall be conducted in English. Owner makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. Miscellaneous These Terms of Use will apply to every access to Owner. Owner reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Owner will be a separate, discrete transaction based on the then prevailing terms. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Larimer County, State of Colorado, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Owner and/or its affiliates' intellectual property rights, Owner and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Larimer County, State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Larimer County, State of Colorado. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Larimer County, State of Colorado, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Spam Policy Please help us fight SPAM. SPAM is a serious problem on the Internet. We will make an effort to catch spammers who in any way abuse us or our users. We do not participate in any unsolicited emailing, nor are any advertisers permitted to promote our site via bulk email. If you see our name or site in any way involved in spam, you can be sure it was not from us, it would be an unpermitted use of our name or site. Privacy Policy We do not intentionally collect personal information from our visitors, with the exception of email address and name for our newsletter database and paid customer database, which is voluntarily submitted by the visitor. Certain browser information may be collected by our web servers for statistical purposes. Some sites and advertisers that we link to may collect information, but we have no knowledge of it and we are not responsible for their actions or policies. Information collected from newsletter subscribers is held completely confidential. We will not share or give away your name, email address, or any other information received from you. |