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Please read the complete terms and conditions of service -- which appear below -- before using this site. By accessing or using this site, or any service made available on or through this site, you acknowledge having read these terms and conditions, and you signify your acceptance of them. MrSimons.com reserves the right to add, remove or modify these terms and conditions at any time. Such modifications shall be effective immediately. Accordingly, please review these terms and conditions whenever you access or use this site. Your use of the site or any service made available on or through this site constitutes your full and uncompromised acceptance of the terms and conditions of service as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not access or use the site or its services. Any terms and conditions of service proposed by any person which add to or conflict with the terms and conditions of service contained herein are expressly rejected by MrSimons.com and shall be of no force or effect.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the MrSimons.com website or tools, including but not limited to all Content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
You may not use the service for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with MrSimons.com.
MrSimons.com may modify or discontinue any portion of the Content of its site without notice to you and without liability to any party. You expressly agree that use of MrSimons.com is at your sole risk. MrSimons.com is provided on an "as is" and "as available" basis. MrSimons.com expressly disclaims all warranties of any kind -- express or implied -- including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Since MrSimons.com is dependent upon the services of others, MrSimons.com makes no warranty that its Content or services will meet your requirements or that the Content or services will be uninterrupted, timely, secure or error-free. MrSimons.com will not be liable for any direct, consequential or incidental damages, whether forseeable or not, which may result from the unavailability or malfunction of the Content or services.
By using MrSimons.com or its services, you understand and agree that any material and/or data downloaded, obtained by email autoresponder or otherwise obtained through the use of MrSimons.com is at your sole discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or request of such material and/or data.
MrSimons.com shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in its Content, digital products or services. MrSimons.com makes no warranty regarding any goods, services, digital products, events, courses, content, tools or products purchased or obtained through its Content, email newsletter, email autoresponders or other communication devices unless specifically stated.
MrSimons.com is not responsible for any content on the internet or world wide web pages that is contained outside MrSimons.com, even if it is linked to from within MrSimons.com.
MrSimons.com may, from time to time, send email messages to you containing advertisements, links to other websites, promotions, etc. MrSimons.com makes no representation or warranty with respect to any goods or services which may be obtained from such third parties, and you agree that neither MrSimons.com nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold MrSimons.com, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of MrSimons.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the State of South Carolina, without giving effect to its conflicts of laws provisions. By registering for or entering MrSimons.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Columbia, South Carolina.
In the event that MrSimons.com determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for MrSimons.com, MrSimons.com reserves the right to
- warn you via email (to any email address you have provided to MrSimons.com, or email address on Web site where Content is contained) that you have violated these Terms of Service;
- delete any or all content provided by you or your agent(s) to MrSimons.com;
- discontinue your registration(s) with MrSimons.com;
- discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through MrSimons.com;
- notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- any other action which MrSimons.com deems to be appropriate.
If your registration(s) with or ability to access MrSimons.com is discontinued by MrSimons.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate, then you agree that you shall not attempt to re-register with or access MrSimons.com and/or any other digital product, course content or service provided by MrSimons.com, through use of a different member name or other contact information. In the event that you violate the immediately preceding sentence, MrSimons.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
The work and presentation included in the service may not be recirculated, redistributed, or published by you without MrSimons.com's prior written consent. Modification of the service's content would be a violation of MrSimons.com's copyright and other proprietary rights.
Additionally, you may not offer any part of the service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of MrSimons.com. The service and the information contained therein may not be used to construct a database of any kind. Nor may the service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use the service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of MrSimons.com's trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with MrSimons.com's consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. Any endorsement by Mr. Michael E. Simons of institutions, digital products, products, courses, events, contents, tools or services may or may not be contained on MrSimons.com. You may not utilize any endorsements on MrSimons.com for any purpose, commercial or non-commercial.
You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any of MrSimons.com's trademarks, trade names, service marks, nor the photographs or name of Mr. Michael E. Simons in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service. You agree to comply with any other applicable terms and conditions of service set forth on the service.
You acquire absolutely no rights to or licenses for the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms of Service. Should you choose to download content from the Service, you must do so in accordance with the Terms of Service. Such download is licensed to you by MrSimons.com ONLY for your own personal, noncommercial use in accordance with the Terms of Service and does not transfer any other rights to you.
If you submit material to MrSimons.com or its representative, unless MrSimons.com indicates otherwise, you grant MrSimons.com, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant MrSimons.com and its affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this Terms of Service and will not cause injury to any person or entity; and that you will indemnify MrSimons.com and its affiliates for all claims resulting from material you supply. MrSimons.com takes no responsibility and assumes no liability for any material submitted by you or any third party.
You agree that your use of the service is at your sole risk and acknowledge that the service and anything contained within the service, including, but not limited to, content, services, goods, or advertisements are provided "as is" and "as available," and that MrSimons.com makes no warranty of any kind, express or implied, as to the service, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use.
MrSimons.com does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by MrSimons.com or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that MrSimons.com, its Suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of MrSimons.com, its employees, subcontractors, agents, Suppliers, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against MrSimons.com by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by MrSimons.com. MrSimons.com is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. MrSimons.com does not:
- make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service;
- guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or
- make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service.
MrSimons.com is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that MrSimons.com and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms of Service.
You acknowledge that:
- MrSimons.com does not guarantee the sequence, accuracy, completeness, or timeliness of the Service;
- the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, MrSimons.com, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Under no circumstances, including but not limited to negligence, shall MrSimons.com, its suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if MrSimons.com has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the Terms of Service, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall MrSimons.com's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
You agree, at your own expense, to indemnify, defend and hold harmless MrSimons.com and its employees, representatives, Suppliers, affiliates, and agents, against any claim, suit, action, or other proceeding brought against MrSimons.com, its employees, representatives, Suppliers, affiliates, and agents, by a third party, to the extent that such claim, suit, action, or other proceeding brought against MrSimons.com, its employees, representatives, Suppliers, affiliates, and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to:
- your use or someone using your computer's use of the Service;
- your use or someone using your account, where applicable;
- a violation of the Terms of Service by you or anyone using your computer (or account, where applicable);
- a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable);
- any misrepresentation or breach of representation or warranty made by you contained herein; or
- any breach of any covenant or agreement to be performed by you hereunder.
You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. MrSimons.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MrSimons.com in asserting any available defense. You acknowledge and agree to pay MrSimons.com's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by MrSimons.com under the Terms of Service and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify MrSimons.com pursuant to the Terms of Service.
You may not link to this web site unless you accept and comply with these terms as well as all other terms and conditions of service on this web site. You may not frame this web site under any circumstances. From time to time, MrSimons.com may modify the terms. Accordingly, please review the terms from time to time. Your continued establishment of a link to this web site after the posting of modifications to the terms will constitute your acceptance of the terms, as modified. If, at any time, you do not wish to accept the terms, you must discontinue linking to this web site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms are expressly rejected by MrSimons.com and shall be of no force or effect.
- User assent to terms and conditions for this web site. By linking to this web site, you represent that you have read and agree to be bound by the terms. You further represent that you have read and agree to be bound by the terms and conditions of service for this web site, as well as all other terms and conditions of service on this web site.
- You acknowledge that this web site, including but not limited to the text, content, photographs, video, audio, and graphics thereon, has been specially designed by MrSimons.com for presentation in a unique format and appearance, with MrSimons.com's look and feel (collectively "look and feel"), and that such look and feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the u.s. and other countries. Upon linking to this web site pursuant to the terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the MrSimons.com mark solely for providing an underlined, textual link from your web site to MrSimons.com. No other use of MrSimons.com's marks or name is permitted without express written permission from MrSimons.com.
Without limiting the provisions contained in our Terms of Service, you may include one or more links on your Web site to any publicly accessible Web page on MrSimons.com (i.e., any Web page which does not require a login and password and/or under any restricted access); provided that you obtain written permission through the Feedback Form page of this site first.
You may not link to the MrSimons.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
You may not frame any Web page from MrSimons.com. Further, MrSimons.com will not permit others to archive, cache, and mirror any Web page or portions of a Web page. If you would like to use, utilize, reprint or redistribute any of MrSimons.com content, you must request permission from MrSimons.com through the Feedback Form . Please include:
- your name,
- e-mail address,
- telephone number,
- the name of your company;
- the Web site address(es) where the proposed use will occur; and
- specific details about the contemplated deep linking or framing activities, including the content or Web page(s) of this Web site to which you would like to use.
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