Effective date: November 28, 2020
The materials contained in this Site are protected by applicable copyright and trademark law. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access, use and/or log into this Site.
ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to change, suspend, withdraw, amend or cease this Site and any service or material we provide to, on or through the Site in our sole discretion without notice. We will not be liable to you or to any third party if for any reason all or any part of the Site is unavailable at any time or for any period or for any change or termination of the Site or any part thereof. From time to time, we may temporarily or permanently restrict access to some parts of the Site, or the entire Site, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username password or other security information. You agree to notify us immediately of an unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Upon termination of your right to view the Site or any portion thereof, or upon termination of the license granted herein, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You agree that Company has no obligation to provide you with any support in connection with the Site.
FOR EDUCATION AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer , the information contained on this Site and the resources available for download through this Site are for educational and informational purposes only. The information contained on this Site and the resources available for download through this Site are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
You are granted a non-exclusive, non-transferable, revocable, limited, personal license to access and use the Site and the resources available for download from the Site whether provided for free or for sale strictly in accordance with these Terms.
All content included as part of the Site, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not (a) modify, publish, transmit, reverse engineer, participate in the transfer or sale, distribute, create derivative works, or in any way exploit; (b) transfer to another person or “mirror” on any other server; (c) access in order to build a similar or competitive website; or (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means unless otherwise indicated. any of the content, in whole or in part, found on the Site or any of the resources available for download from the Site. Any future release, update, or other addition to functionality of the Site shall be subject to this Terms.
The Company content is not for resale. Your use of the Site or any of the resources available for download from the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal and individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You much not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer , we have done our best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Site.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer , you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Site or not. The Company provides educational and informational resources to users of this Site. You nevertheless recognize that your experience and results from utilizing the resources provided through this Site will vary based upon your particular situation and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized as Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO THE SITE
The Company does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
You are exclusively responsible for your Submissions. You bear all risks associated with the use of your Submissions. You hereby certify that your Submissions do not violate any of the Terms. You may not represent or imply to others that your Submissions are in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your Submissions, you may expose yourself to liability. Company is not obligated to backup any Submissions that you post; also, your Submissions may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your Submissions if you desire.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree not to use the Site to collect, upload, transmit, display or distribute any Submission (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any Submissions, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Submissions, terminating your account, and/or reporting you to law enforcement authorities.
If you provide us with any feedback or suggestions regarding the Site, you hereby assign to us all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. Company will treat any feedback you provide as non-confidential and non-proprietary.
Each Site user is solely responsible for any and all of its own Submissions. Because we do not control Submissions, you acknowledge and agree that we are not responsible for any Submissions, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Therefore, you hereby assume the risks and agree that this agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Site may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Website or any association with its operators.
Certain services made available via the Site are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
USE OF TEMPLATES AND FORMS
The Company provides various templates and/or forms for download and/or sale on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, programs, and associated material for sale on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Site, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
The cancellation/refund policy for Online Courses is available here.
By purchasing any other forms, documents, templates, downloads or products from this Site in whatever form (hereinafter referred to as “Products”), you agree to these Terms and Conditions. All Products purchased through this Site are the property of Company and/or our affiliates or licensors, are subject to these Terms and are protected by copyright, trademark and other intellectual property laws. You may use these Products for your own personal use only. You may not republish, reproduce, duplicate, copy, sell, distribute to friends, family, or any other third party, or use any Products for commercial purposes, or in any way that earns you or any third party money. Any unauthorized use of any Products will constitute infringement of Company’s rights. The Disclaimer applies to all Products. Due to the nature of the Products, all sales are final and all payments are non-refundable.
The Company makes no warranties regarding the performance or operation of this Site. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Site and/or the resources you may download or purchase from this Site. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Site.
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the Site at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE, NOW OR IN THE FUTURE, ARISING OUT OF OR RELATING TO THIS SITE, THE COMPANY, ANY AND ALL CONTRACTS YOU ENTER INTO WITH THE COMPANY, AND ANY AND ALL OF THE COMPANY’S PRODUCTS AND SERVICES.
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any postings made by you on any Company owned or moderated sites or communication services, your violation of any Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to the Company that you will not use the Site or any of the resources available for download from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or any of the resources available for download from the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
These terms and conditions are governed by and construed in accordance with the laws of Tennessee and you irrevocably submit to the exclusive jurisdiction of the courts of Tennessee.
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.
The Booth Andrews Company, LLC
9039 Cross Park Drive #31607
Knoxville, TN 37923
This policy is effective as of November 28, 2020.