Terms and Conditions
TERMS AND CONDITIONS
1. Welcome to our website. This site is owned operated and maintained as a service to its users by Arthur Shulsky LLC, an Ohio limited liability company (“us,” “we,” or “our”). By using this website, you agree to comply with and be bound by the following terms and conditions of service and use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should immediately exit and not use this site.
2. Agreement. These terms and conditions ("Agreement" or “Terms and Conditions”) specifies and describes the terms for access to and use of www.ArthurShulsky.com and Arthur Shulsky LLC (collectively and hereafter, the "Site”). The Terms and Conditions may be modified at any time upon the posting of a modified version on the Site. Any such modifications shall be effective immediately. You can view the most recent version of the Terms and Conditions at any time at www.arthurshulsky.com/terms-and-conditions. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of the current Terms and Conditions.
4. Ownership. All content included on this Site is and shall continue to be the property of the Site or its owner(s) and content suppliers, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement or otherwise expressly authorized. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13. You agree that by using the Site you are at least 18 years of age and you are legally able to enter into a contract.
6. Trademarks. The Site’s logo and other slogans and marks are either trademarks or registered trademarks of the Site’s owner, affiliates, or subsidiaries. Other products, service, and company names mentioned on this Site may also be trademarks of their respective owners.
7. Site Use. We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, commercial, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is discretionary and we may terminate your use of the Site at any time.
8. Blog & User Communications. The Site may allow you to post content, questions, comments, messages, or information (“User Communications”) in response to blog postings or elsewhere on the Site. As a condition of your use of the Site and your ability to post User Communications, you agree to not: (a) restrict or inhibit any other user from using and enjoying any User Communications interface; (b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (c) post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (d) post or transmit any information, software or other material which contains a virus or other harmful component; (e) post, transmit or in any way exploit any information, software, or other material for commercial purposes, or which contains advertising.
You understand that the Site has no obligation to monitor any User Communications. However, the Site reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any User Communications, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions.
By posting User Communications on the Site, you are granting Arthur Shulsky LLC a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, transmit, publically perform or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
9. Limited Permission to Download. The Site may periodically make available for download and/or purchase certain materials, including but not limited to e-books, spreadsheets, and other information or products (“Materials”). Access to Materials may be limited to users who elect to “subscribe” to certain features of the site and/or purchase such Materials. We grant you permission to download, view, and print such Materials on any single, stand-alone computer solely for your personal, informational, and internal business use, provided, that (i) the copyright and trademark notice appearing on such Materials remains intact and unaltered, (ii) the Materials are not sold, used or posted on any other web-site nor in a networked computer environment, and (iii) the Materials are not modified in any way (except as expected or as designed; for example, to make inputs into spreadsheets). Nothing contained herein permits you to make the Materials available for republication, distribution, assignment, sublicense, sale, preparation of derivative works, commercial, or other use. This permission terminates automatically without notice if you breach any of these Terms and Conditions. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
10. Indemnification. You agree to defend, indemnify and hold the Site and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred, directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
11. Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE INFORMATION CONTAINED HEREIN OR ABOUT THE RESULTS FROM YOUR USE OF THE SITE. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
12. No Tax, Accounting or Legal Advice. THE SITE IS NOT INTENDED TO PROVIDE YOU WITH ANY TAX, ACCOUNTING OR LEGAL ADVICE. ANY TAX, ACCOUNTING, OR LEGAL ADVICE CONTAINED ON THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF A PROFESSIONAL. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SITE, ITS AFFILIATES, SUBSIDIARIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND OPERATORS ARE NOT ATTORNEYS NOR ARE THEY PROVIDING ANY INDIVIDUAL OR PERSONALIZED TAX ACCOUNTING OR LEGAL ADVICE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE SITE AND ITS AFFILIATES, SUBSIDIARIES, OWNERS, DIRECTORS, OFFICERS, AND EMPLOYEES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), CRIMINAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
15. Third Party Web Sites.
(a) The Site may contain hyperlinks to other web sites maintained by third parties, including other service providers, or may provide third party content on the Site by framing or other methods. THE CONTENT AND SUBMISSION OF ANY INFORMATION TO ANY THIRD PARTY OR LINKED WEB SITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE PRIVACY POLICIES OR TERMS SET FORTH BY SUCH THIRD PARTY WEB SITES.
(b) If a third party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third party has linked to our Site. A web site that links to the Site: (i) may link to, but not replicate, our content; (ii) may not create a browser, border environment or frame our content; (iii) may not imply that we are endorsing it or its products; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our information, products, or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
16. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent listed below:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
· By Address: P.O. Box 266, Venice, California 90294
· By E-mail: Info@EcfioPro.com
17. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Conditions and any dispute that may arise between you and the Site or its owners or affiliates.
18. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
19. Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized representative of the Site.
20. Termination. We may terminate this Agreement at any time, with or without notice, for any reason.
21. Relationship of the Parties. Nothing contained in this Agreement or through your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independently responsible for its own actions.
23. Contact Information.
Arthur Shulsky LLC
P.O. Box 266
Venice, California 90294
Thank you for visiting the Site.