We reserve the right tochange these Terms of Service or to impose new conditions on use of the Site,from time to time, in which case we will post the revised Terms of Service onthis website. By continuing to use the Site after we post any such changes, youaccept the Terms of Service, as modified. Intellectual Property Rights.
This Site and all thematerials available on the Site are the property of us and/or our affiliates orlicensors, and are protected by copyright, trademark, and other intellectualproperty laws. The Site is provided solely for your personal non commercialuse. You may not use the Site or the materials available on the Site in amanner that constitutes an infringement of our rights or that has not beenauthorized by us. More specifically, unless explicitly authorized in theseTerms of Service or by the owner of the materials, you may not modify, copy,reproduce, republish, upload, post, transmit, translate, sell, createderivative works, exploit, or distribute in any manner or medium (including byemail or other electronic means) any material from the Site. You may, however,from time to time, download and/or print one copy of individual pages of theSite for your personal, non-commercial use, provided that you keep intact allcopyright and other proprietary notices.
By posting orsubmitting any material (including, without limitation, comments, blog entries,Facebook postings, photos and videos) to us via the Site, internet groups,social media venues, or to any of our staff via email, text or otherwise, youare representing: (i) that you are the owner of the material, or are makingyour posting or submission with the express consent of the owner of thematerial; and (ii) that you are thirteen years of age or older. In addition,when you submit, email, text or deliver or post any material, you are grantingus, and anyone authorized by us, a royalty-free, perpetual, irrevocable,non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit,sell, exploit, create derivative works from, distribute, and/or publiclyperform or display such material, in whole or in part, in any manner or medium,now known or hereafter developed, for any purpose. The foregoing grant shallinclude the right to exploit any proprietary rights in such posting orsubmission, including, but not limited to, rights under copyright, trademark,service mark or patent laws under any relevant jurisdiction. Also, inconnection with the exercise of such rights, you grant us, and anyoneauthorized by us, the right to identify you as the author of any of yourpostings or submissions by name, email address or screen name, as we deemappropriate.
You acknowledge andagree that any contributions originally created by you for us shall be deemed a“work made for hire” when the work performed is within the scope of thedefinition of a work made for hire in Section 101 of the United StatesCopyright Law, as amended. As such, the copyrights in those works shall belongto www.jportnoy.com from their creation. Thus, www.jportnoy.com shall be deemedthe author and exclusive owner thereof and shall have the right to exploit anyor all of the results and proceeds in any and all media, now known or hereafterdevised, throughout the universe, in perpetuity, in all languages, aswww.jportnoy.com determines. In the event that any of the results and proceedsof your submissions hereunder are not deemed a “work made for hire” underSection 101 of the Copyright Act, as amended, you hereby, without additionalcompensation, irrevocably assign, convey and transfer to www.jportnoy.com allproprietary rights, including without limitation, all copyrights and trademarksthroughout the universe, in perpetuity in every medium, whether now known orhereafter devised, to such material and any and all right, title and interestin and to all such proprietary rights in every medium, whether now known orhereafter devised, throughout the universe, in perpetuity. Any posted materialwhich are reproductions of prior works by you shall be co-owned by us.
You acknowledge thatwww.jportnoy.com has the right but not the obligation to use and display anypostings or contributions of any kind and that www.jportnoy.com may elect tocease the use and display of any such materials (or any portion thereof), atany time for any reason whatsoever.
Limitations on Linkingand Framing. You may establish a hypertext link to the Site so long as the linkdoes not state or imply any sponsorship of your site by us or by the Site.However, you may not, without our prior written permission, frame or inlinelink any of the content of the Site, or incorporate into another website orother service any of our material, content or intellectual property.
Throughout the Site, wemay provide links and pointers to Internet sites maintained by third parties.Our linking to such third-party sites does not imply an endorsement orsponsorship of such sites, or the information, products or services offered onor through the sites. In addition, neither we nor affiliates operate or controlin any respect any information, products or services that third parties mayprovide on or through the Site or on websites linked to by us on the Site.
If applicable, anyopinions, advice, statements, services, offers, or other information or contentexpressed or made available by third parties, including information providers,are those of the respective authors or distributors, and not www.jportnoy.com.Neither www.jportnoy.com nor any third-party provider of information guaranteesthe accuracy, completeness, or usefulness of any content. Furthermore,www.jportnoy.com neither endorses nor is responsible for the accuracy andreliability of any opinion, advice, or statement made on any of the Sites byanyone other than an authorized www.jportnoy.com representative while acting inhis/her official capacity.
THE INFORMATION,PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BYwww.jportnoy.commAND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANYKIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TOAPPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONSWILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THATANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE ITAVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT ORMAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THESITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIRCORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all timesto defend, indemnify and hold harmless www.jportnoy.com its affiliates, theirsuccessors, transferees, assignees and licensees and their respective parentand subsidiary companies, agents, associates, officers, directors, shareholdersand employees of each from and against any and all claims, causes of action,damages, liabilities, costs and expenses, including legal fees and expenses,arising out of or related to your breach of any obligation, warranty,representation or covenant set forth herein.
Certain sections of theSite may allow you to purchase many different types of products and servicesonline that are provided by third parties. We are not responsible for thequality, accuracy, timeliness, reliability or any other aspect of theseproducts and services. If you make a purchase from a merchant on the Site or ona site linked to by the Site, the information obtained during your visit tothat merchant’s online store or site, and the information that you give as partof the transaction, such as your credit card number and contact information,may be collected by both the merchant and us. A merchant may have privacy anddata collection practices that are different from ours. We take noresponsibility or liability for these independent policies. In addition, whenyou purchase products or services on or through the Site, you may be subject toadditional terms and conditions that specifically apply to your purchase or useof such products or services. For more information regarding a merchant, itsonline store, its privacy policies, and/or any additional terms and conditionsthat may apply, visit that merchant’s website and click on its information linksor contact the merchant directly. You release us and our affiliates from anydamages that you incur, and agree not to assert any claims against us or them,arising from your purchase or use of any products or services made available bythird parties through the Site.
Your participation,correspondence or business dealings with any third party found on or throughour Site, regarding payment and delivery of specific goods and services, andany other terms, conditions, representations or warranties associated with suchdealings, are solely between you and such third party. You agree thatwww.jportnoy.com shall not be responsible or liable for any loss, damage, orother matters of any sort incurred as the result of such dealings.
You agree to befinancially responsible for all purchases made by you or someone acting on yourbehalf through the Site. You agree to use the Site and to purchase services orproducts through the Site for legitimate, non-commercial purposes only. Youalso agree not to make any purchases for speculative, false or fraudulentpurposes or for the purpose of anticipating demand for a particular product orservice. You agree to only purchase goods or services for yourself or foranother person for whom you are legally permitted to do so. When making apurchase for a third party that requires you to submit the third party’spersonal information to us or a merchant, you represent that you have obtainedthe express consent of such third party to provide such third party’s personalinformation.
Your purchase is forpersonal use only. Sharing of purchases is not permitted and will be consideredunauthorized, an infringing use of our copyrighted material, and may subjectviolators to liability. If payment for a course is declined, our system will automaticallydisable access to our materials. (We understand. This usually happens because acredit card expires.) We want to help restore your access, so we’ll make everyattempt to contact you to help resolve this issue. Once the billing issue isresolved, we’ll restore access. Once you have received initial access to theOnline Portal no refunds will be issued.
This Site may include avariety of features, such as bulletin boards, web logs, chat rooms, and emailservices, which allow feedback to us and real-time interaction between users,and other features which allow users to communicate with others. Responsibilityfor what is posted on bulletin boards, web logs, chat rooms, and other publicposting areas on the Site, or sent via any email services on the Site, lieswith each user – you alone are responsible for the material you post or send.We do not control the messages, information or files that you or others mayprovide through the Site. It is a condition of your use of the Site that you donot:
www.jportnoy.com mayhost message boards, chats and other public forums on its Sites. Any userfailing to comply with the terms and conditions of this Agreement may beexpelled from and refused continued access to, the message boards, chats orother public forums in the future. www.jportnoy.com or its designated agentsmay remove or alter any user-created content at any time for any reason.Message boards, chats and other public forums are intended to serve asdiscussion centers for users and subscribers.
Information and contentposted within these public forums may be provided by www.jportnoy.com staff,www.jportnoy.com’s outside contributors, or by users not connected withwww.jportnoy.com, some of whom may employ anonymous usernames. www.jportnoy.comexpressly disclaims all responsibility and endorsement and makes norepresentation as to the validity of any opinion, advice, information orstatement made or displayed in these forums by third parties, nor are weresponsible for any errors or omissions in such postings, or for hyperlinksembedded in any messages.
Under no circumstanceswill we, our affiliates, suppliers or agents be liable for any loss or damagecaused by your reliance on information obtained through these forums. Theopinions expressed in these forums are solely the opinions of the participants,and do not reflect the opinions of www.jportnoy.com or any of its subsidiariesor affiliates.
www.jportnoy.com has noobligation whatsoever to monitor any of the content or postings on the messageboards, chat rooms or other public forums on the Sites. However, youacknowledge and agree that we have the absolute right to monitor the same atour sole discretion. In addition, we reserve the right to alter, edit, refuseto post or remove any postings or content, in whole or in part, for any reasonand to disclose such materials and the circumstances surrounding theirtransmission to any third party in order to satisfy any applicable law,regulation, legal process or governmental request and to protect ourselves, ourclients, sponsors, users and visitors.
We occasionally includeaccess to an online community as part of our programs. We want every singlemember to add value to the group. Our goal is to make your community the mostvaluable community you’re a member of. Therefore, we reserve the right toremove anyone at any time. We rarely do this, but we want to let you know howseriously we take our communities.
To use certain featuresof the Site, you will need a username and password, which you will receivethrough the Site’s registration process. You are responsible for maintainingthe confidentiality of the password and account, and are responsible for all activities(whether by you or by others) that occur under your password or account. Youagree to notify us immediately of any unauthorized use of your password oraccount or any other breach of security, and to ensure that you exit from youraccount at the end of each session. We cannot and will not be liable for anyloss or damage arising from your failure to protect your password or accountinformation.
UNDER NO CIRCUMSTANCES,INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENTCOMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALOR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS,PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADEAVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISEDBEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOTALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVELIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THELIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TOTHE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGEAND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGALCONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS,PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS ANDCONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE ANDTHE PRODUCTS, SERVICES AND/OR MATERIALS www.jportnoy.com IS NOT AN INVESTMENTADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDEPERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOREDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREINAND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTINGOR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR ASAN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY www.jportnoy.com,SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OFTRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER ORPROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTINGTAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATIONPROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND www.jportnoy.comMAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. YOU acknowledge and agreesthat no representation has been made by www.jportnoy.com OR ITS AFFILIATES andrelied upon as to the future income, expenses, sales volume or potentialprofitability that may be derived from the participation in THIS PROGRAM.
We may cancel orterminate your right to use the Site or any part of the Site at any timewithout notice. In the event of cancellation or termination, you are no longerauthorized to access the part of the Site affected by such cancellation ortermination. The restrictions imposed on you with respect to materialdownloaded from the Site, and the disclaimers and limitations of liabilitiesset forth in these Terms of Service, shall survive.
Your purchase of aproduct or service or ticket to an event may or may not provide for any refund.Each specific product, service, event or course will specify its own refundpolicy.
Unless otherwisespecified, all digital products, downloads and recordings from thewww.jportnoy.com, affiliates, or its subdomains, are non refundable.