FTC Disclaimer & Earnings Notice
There has been a great deal of underhanded activity online that has taken advantage of consumers who visit websites for information, only to be indirectly sold a product, service or program that the article they have read was specifically written for in order to convince them to purchase it. This is known as infomercial content, and to many, it is difficult to distinquish between actual quality content and that of content written specifically for the purpose of selling a product, service or program to the reader. As a result of this sort of practice the Federal Trade Commission has established guidelines for affiliate marketers and ecommerce Websites so that consumers may be aware of this practice if it is occurring on a Website or not.
Inasmuch as I desire to provide all of my visitors, subscribers, customers, and clients with a full disclosure about all that I am doing on my Website, I am required by law to share this information with you so that you are aware that my endorsement of a website that is accessible from my website or an email may allow me to earn a commission or referral fee if you click on it. The advertisements and links on any website or blog that I own, or that may be found in any article or email that originates from me may constitute an affilate marketing relationship between me and the destination website of that link takes you to.
In some instance I may write articles about a product, service or program that I feel strongly about. I will never write about or endorse a product, service or program that I do not feel is credible and from or provided by a reputable source. In as much as I will always write honestly about a subject, product, service or program, and base the article upon either my personal experience or from the testimonials of others who have used the product, service or program, I will alway strive to see that the information I provide is accurate and complete to the best of my knowledge and belief. But again, to make it very clear here. I may also be an affiliate or in partnership with the company or individual of the product, service or program that I write about or provide an review of, and any action you take based on my article may allow me to earn a referral or sales commission on the product, service or program that I have written about. What this means is that in most cases, if you click a link in an article I have written or that is on my website, I could very well have an affiliate relationship with them and in most cases be compensated in some form from them whether directly, indirectly, monetarially or otherwise.
TERMS OF SERVICE AND USE
These Terms of Service and Use (TOS) govern your use of the Lisa Zagnoli Website (“I, Me, My, Mine”) and those Websites that are affiliated with this Website (“Site”). Your choice to access this Site indicates your acknowledgment and complete acceptance of these TOS. I reserve the sole and exclusive right to modify these TOS at anytime at my sole discretion. Your use of our site after any changes are published constitutes your acknowledgment and full acceptance of these changes. I strongly recommend you periodically review these TOS so that you can be aware of any changes that may have occurred since your last visit to my site. I also strongly encourage you to seek competent legal advice if you do not fully understand these TOS before you act on any business related opportunity associated with Site.
Legal Access to Site
Accessing my site is your acknowledgment that you are a minimum of eighteen (18) years of age, legally emancipated, and/or age of legal consent in the State you reside, or that you have your parent(s) or legal guardian’s permission to access Site. You are not permitted to access this site for any reason if you are not of legal age or have permission to. Due to the age requirements/restrictions for this site, no information of any kind obtained from this site falls within the Children’s Online Privacy Protection Act (COOPA), and is not monitored as such.
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If I believe the information you provide is not correct, current, or complete, I have the right to refuse you access to this Site’s member’s area or any of its resources; and to terminate or suspend your access at any time, without notice if you are a part of my community or network.
The information and content provided through my site is provided for informational purposes only and does not constitute a professional or consultant-client relationship, or professional advice. All opinions, commentary or editorials on this Site are not necessarily the views of Site owner(s). The owners of this site (that would be me), its writers, staff, affiliates, or content providers shall not be responsible for any claims, damages, demands or liabilities of any kind arising from or related to the use of this site or the information found on it.
My site is not exhaustive on any subject matter it presents and does it cover all issues, topics or facts that may be relevant to your needs or goals; however, the information here, in conjunction with the advice and counsel of legal, accounting, and business professionals specifically trained in the area of expertise you need information, counsel or guidance in, can be used as a general guideline, but nothing beyond that.
The content on my site is not necessarily complete and up-to-date and should not be used as a final source of information, unless you have done your own due diligence in researching every fact and statement made on Site. You should use the content in the same manner as any other educational medium, but not rely on the content to the exclusion of your own judgment and the advice of a legal, accounting or business professional.
Proprietary and Copyrighted Information
I am in the information business, and that of providing valuable and needed knowledge and understanding about a wide range of issues relating to personal development, business development, business management, online marketing, and success coaching. Most of what you will find on my site is my own content (“content”) and we consider our content proprietary information. Some of the content on our site is licensed or used by permission by others who we are in professional relationship or partnership with, as well as copyrighted material used by permission from other professionals.
In every instance and in every case, all of my site’s content is provided without permission to recopy or redistribute it in any way or by any means other than to share it in its entirety on a social media website, including the authorship, a link to its location on my site, and a clearly published copyright mark indicating the copyright holder’s name. In every instance where I provide content from another source, I have received the express permission or license to use that content from its owner or licensor. As such, I retain all right, title, and interest in that content. The content may not be manipulated, altered, re-edited for personal use, copied, distributed, republished, uploaded, posted, transmitted in any way without my prior written consent or unless authorized in writing elsewhere on my site.
I do allow you to print out a single copy of any content for your sole personal use, but not for presentation purposes. If you print out any document or article, you agree not to remove, alter or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or image appearing on any of the content. It is a very big no-no (which means you cannot) modify or use of my content except as expressly provided in these TOS, and I will consider it a violation of my intellectual property rights if you do. The title of or intellectual property rights of my content are not transferred to you by access to this site or any of my other affiliated, partner, or wholly owned websites on the World Wide Web.
Trademarks, service marks, and logos appearing in this site are our property of company or the party that provided the trademarks, service marks, and logos to company. Our and any party that provided trademarks, service marks, and logos to company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Restrictions for Use
We give you full permission to use this site for what it is expressly made for, and only for the purposes expressly permitted by us. You are not permitted however to use this site for any other purpose, including any commercial purpose, without our express prior written consent. As an example of restrictions that could get you in big trouble with our legal department, you are not allowed to personally or authorize someone else to co-brand this site, frame this site or personal or commercial use, or hyper-link to this site without the express written permission from us. If you would like to become an affiliate of our site or partner with us, or become a part of one of our Success Alliance Teams, please contact us at affiliates (at) sdward.com As it relates to these Terms, “co-branding” specifically means to display a name, logo, trademark, or other means of acknowledgment or identification of anyone (person or entity) in a manner as is likely to give a user the impression that you or someone else has the right to display, publish, or distribute this site or its content, whether public accessible or subscription-based. If you use this website, and intentionally or unintentionally cause the unauthorized use of it through co-branding, framing or hyper-linking by any individual or entity that you are directly or indirection associated with, you agree to cooperate with our legal department fully to bring to an end any misuse of our Website or its content.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
We reserve the right to monitor use of this site to determine compliance with these TOS, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither we nor any third party that provides content to us or our site will assume or have any liability for any action or inaction by us or such third party with respect to any submission.
We often hyper-link to other sites which are not maintained by, or related to us. When we provide hyper-links to you, we do so as a service, and you understand that we do not necessarily sponsor the sites that are linked to from our site, and that they may not necessarily be affiliated with us or our site. In most cases, we do not review the sites we link to on a regular basis, so we cannot be responsible in any way as to the type and nature of the content on those destination sites or the validity of the content on those sites. This means that hyper-links are to be accessed at your own risk and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by us of that site.
If you submit any material or content to our website, or post any of the same to our website, including but not limited to blog posts, comments, forum or discussion group entries, you grant to our the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us or out company through this site (together, hereinafter known as the “submission”); and to incorporate any submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any submission as confidential, and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of our site or company. We will treat any personal information that you submit through this site in accordance with its Privacy Statement and/or Policy as set forth on this site.
Operability and Security Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security on your own computer and its operability as a result of using our site. We do not assume any responsibility or risk for your use of our site. If you are unsure as to the security of your computer, we suggest that you seek out assistance by a qualified individual to counsel you on the security needs of your system(s) used to access our site.
Use at Your Own Risk
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Content provided here is on an “as is” basis and without warranties of any kind, either expressed or implied. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant the functions or content contained in this site will be uninterrupted or error-free, but that defects will be corrected when we are notified in as timely a way as possible. We do not warrant that this site or the server that makes it available to you are free of viruses or other harmful components or invulnerable to attacks by hackers, viruses or anything else that might cause its instability and/or lack of operability. We do not warrant or make any representation regarding your use, or the result of your use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. You assume the entire cost associated with any loss or damages arising out of the use of this site, in the event of any loss or damage arising from the use of this site or its content. We make no warranties that your use of our site or its content or materials or services sold will not infringe the rights of others and we assume no liability or responsibility for any errors or omissions in our content, the links to and from our site or the materials offered on or through our site. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we don’t undertake any obligation to update the information after it is posted or to remove that information from this site if it is not or is no longer accurate or complete.
Limitation on Liability
Your use of our site means you understand and agree that we, our users, affiliates, licensors, service providers, content providers, employees, agents, officer, and directors will not be liable for any incidental, direct, indirect, punitive, actual consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even is we have been advised of the possibility of such damages. In no event will the collective liability of our company, its parent company, subsidiaries, affiliates licensors, service providers, content providers, employees, agents, officers, and directors, to any party regardless of the form of action, where in contract, tort, OR otherwise exceed the greater of $35.00 or the amount you have paid to us for the applicable content, products or service out of which the liability arose.
You will indemnify and hold us and our, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (“Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of content other than as expressly authorized in these TOS. You also agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the indemnified parties in connection with the same. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed on or from this site.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). We will be entitled to monitor your password and, at its discretion, require you to change it if we think it is to weak of a password. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account for your protection. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these TOS. We reserve the right to fully cooperate with any law enforcement authorities or court orders requesting us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOS. By accepting this Agreement you waive and hold us completely harmless from any claims resulting from any action taken by us during or as a result of your investigations and/or from any actions taken as a consequence of investigations by either us or law enforcement authorities.
Jurisdiction and Severability
These TOS will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction being in Florida in connection with any dispute between you and this Website’s owner arising out of these TOS or pertaining to the subject matter herein. The parties to these TOS agree the exclusive venue for any dispute between the parties arising out of these TOS or pertaining to the TOS will be in the State or Federal courts the State of Florida, the county of Alachua, or in a jurisdiction of our choosing and at our sole discretion. If any part of these TOS is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These TOS constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these TOS at any time by updating this posting.
Copyright Notice: Used by permission and under license of FamilyDot Communications. © 2011 (r062109). Unauthorized use of this document will constitute copyright infringement and subject the party who uses it to prosecution. You may request the use of this agreement by contacting legal (at) familydot.com.