Terms and Conditions
Terms and
Conditions
1. Scope of Terms of Use.
These Terms of Use govern Your use of the Web Site
("the Site"). You may use the Site, and the information,
writings, images and/or other works that you see, hear or otherwise experience
on the Site (singly or collectively, the "Content") solely for your
non-commercial, personal purposes and/or to learn about the Author and his
products. No right, title or interest in any Content is transferred to
you, whether as a result of downloading such Content or otherwise. We reserve
complete title and full intellectual property rights in all Content.
Except as expressly authorized by this Agreement, you may not use, alter, copy,
distribute, transmit, or derive another work from any Content obtained from the
Site or the Service, except as expressly permitted by the Terms of Use. The
terms "We," "Us," or "Author" refers to Thomas J.
Stanley, Ph.D., Affluent Market Institute, LLC, and/or their affiliates,
parents, subsidiaries, successors and assignees.
2. Modifications.
We may revise and update these Terms of Use at any
time. Your continued usage of the Site after any changes to these Terms
of Use will mean You accept those changes. Any aspect of the Site may be
changed, supplemented, deleted or updated without notice at our sole
discretion. We may also change or impose fees for products and services
provided through the Web Site at any time in our sole discretion.
3. Copyright.
The Site and the Content are protected by U.S.
and/or foreign copyright laws, and belong to the Author or its affiliates,
parents or subsidiaries. The copyrights in the Content are owned by the
Author or other copyright owners who have authorized their use on the Site. You
may download and reprint Content for non-commercial, non-public, personal use
only (If you are browsing this Site as an employee or member of any business or
organization, you may download and reprint Content only for educational or
other non-commercial purposes within your business or organization, except as
otherwise permitted by Us). You may not manipulate or alter in any way
Content on the Site.
4. Trademarks.
You are prohibited from using any of the marks or
logos appearing throughout the Site without permission from the trademark
owner, except as permitted by applicable law.
5. Links to Third-Party Web Sites.
Links on the Site to third party web sites or
information are provided solely as a convenience to you. If you use these
links, you will leave the Site. Such links do not constitute or imply an
endorsement, sponsorship, or recommendation by the Author of the third party,
the third-party web site, or the information contained therein. We are
not responsible for the availability of any such web sites. We are not
responsible or liable for any such web site or the content thereon. If you use
the links to the web sites of our affiliates or service providers, you will
leave the Site, and will be subject to the terms of use and privacy policy
applicable to those web sites.
6. Linking to this Site.
Unless specifically authorized by Us, you may not
connect "deep links" to the Site, i.e, create links to this site that
bypass the home page or other parts of the Site. You may not mirror or frame
the home page or any other pages of this Site on any other web site or web
page.
7. Disclaimer of Warranties.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE
SERVICE OR THE CONTENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE
INFORMATION OR CONTENT ON THE SITE WILL MAKE YOU WEALTHY OR HELP YOU BECOME A
MILLIONAIRE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY
PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WE DO NOT WARRANT
THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL
BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR
THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE
CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
8. Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I)
THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY
TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE
SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE
SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT,
OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS
LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW,
BUT SHALL, IN NO EVENT, EXCEED $100.00.
9. Submissions to the Site.
By submitting a story or other entry to us, you
grant to us a non exclusive, perpetual, worldwide and royalty-free right and
license to use, copy, distribute, transmit, modify, create derivative
works based on, publicly perform (including but not limited to by digital audio
transmission), and publicly display the content you submit to us for use on
this website or in other media. In addition, you grant to us a
nonexclusive, perpetual, worldwide and royalty-free license to use your name,
likeness, and biographical information (and, where applicable, your trademarks,
service marks, trade names, logos, and other business identifiers) in
connection with the content and our use of the content. You further agree
that we may also use the content without attribution. You represent and
warrant that (a) you have full power and authority to enter into this
agreement, (b) you have all necessary rights to grant the licenses set forth in
this Agreement, (c) your submission of content does not violate any obligation
you owe to a third party, and (d) all of the information provided by you to us
is accurate.
10. Electronic Community.
The online community within the
Site is provided for non-commercial interests as a place for members to share
related thoughts, ideas and information. When you post to the site or email us,
you are communicating with us electronically. By engaging in electronic
communications with us through the Site, you are considered a member of this
online community, which entitles you to receive invitations and information
related to furthering the community. We communicate with our members through
email or by posting to the Site. You consent to receiving communications from
us electronically and you agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. To stop receiving communication from us
electronically, please send an email to contact@thomasjstanley.com requesting that we unsubscribe you from any
electronic newsletter or other communications.
11. Indemnification.
You understand and agree that you are personally
responsible for your behavior on the Site and for the truthfulness and accuracy
of the representations and warranties stated in paragraph 9. You agree to
indemnify, defend and hold harmless the Author, Affluent Market Institute, LLC
as well as their, parent companies, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, agents, and any third-party
information providers from and against all claims, losses, expenses, damages
and costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys’ fees, resulting from
or arising out of (1) your breach of your representations and warranties, or
(2) your use, misuse, or inability to use the Site, or (3) any violation by you
of this Agreement.
12. User Conduct.
You agree to use the Site only for lawful
purposes. You agree not to take any action that might compromise the security
of the Site, render the Site inaccessible to others or otherwise cause damage
to the Site or the Content. You agree not to add to, subtract from, or
otherwise modify the Content, or to attempt to access any Content that is not
intended for you. You agree not to use the Site in any manner that might
interfere with the rights of third parties.
You agree that we, in our sole discretion, may terminate or suspend Your use of
the Site at any time and for any or no reason in our sole discretion, even if
access and use continues to be allowed to others. Upon such suspension or
termination, You must immediately (a) discontinue use of the Site, and (b)
destroy any copies You have made of any portion of the Content. Accessing the
Site, after such termination, suspension or discontinuation shall constitute an
act of trespass. Further, You agree that we shall not be liable to You or
any third party for any termination or suspension of Your access to the Site.
13. General Provisions.
a. No Assignment. You may not assign these Terms
of Use or any of Your interests, rights or obligations under these Terms of
Use. If any provision of these Terms of Use is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect.
b. Entire Agreement/No Waiver. These Terms of Use constitute the entire
agreement of the parties with respect to the subject matter hereof. No waiver
by us of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default.
c. Correction of Errors and Inaccuracies. The Content may contain typographical
errors or other errors or inaccuracies and may not be complete or current. We
therefore reserve the right to correct any errors, inaccuracies or omissions
and to change or update the Content at any time without prior notice. We do
not, however, guarantee that any errors, inaccuracies or omissions will be
corrected.
d. Jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY
AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE
AND CONTENT ON THE SITE SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING
IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU
EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING
OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE
THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE
WEB SITE AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE.
e. Governing Law/Language. To the fullest extent permitted by law, these Terms
of Use are governed by the internal substantive laws of the State of Georgia,
U.S.A. excluding (i) Georgia’s conflicts of laws principles;
(ii) the United Nations Convention on Contracts for the International Sale of
Goods; (iii) the 1974 Convention on the Limitation Period in the International
Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at
Vienna April 11, 1980. To the fullest extent permitted by law, the
controlling language for these Terms of Use is English.
f. Written Document. You may preserve these Terms of Use in written form by
printing them for Your records, and You waive any other requirement that these
Terms of Use be evidenced by a written document.
