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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 conditions.
Please make sure you read this section carefully
and understand the terms and conditions herein.
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. Under no circumstance is anything
written or spoken to be construed as a guarantee
of income. We make NO GUARANTEES OF INCOME.
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.
Privacy Statement
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.
We disclaim
responsibility for accidental or intentional
misuse of information by ourselves or any 3rd
party. Also we may disclose information when
we are legally compelled to do so or to protect
site owner's rights.
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. All changes are retroactive to
include all previous encounters and transactions.
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.
Titles are used here as guidelines, and have
no legal significance, and cannot be cited as
evidences.
Construction and Interpretation. This agreement
shall be governed and construed by the laws
of the State of California. The situs for all
actions is Torrance, 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.
Children’s Privacy
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 THAT
MAY DIFFER FROM THOSE CONTAINED IN ANY OFFER,
IN THIS AGREEMENT, OR OPERATE WEB SITES THAT
ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF RESPONDING TO ANY OFFER, PURCHASING ANY PRODUCT,
PARTICIPATING IN ANY PROGRAM, AND VISITING ANY
WEBSITE, AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
David Portney / David Portney & Associates &
Affiliated Companies
POB
3555 Redondo Beach, CA 90277-1555
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