Terms of Service
Acceptance of Terms of Service
These Terms of Service govern your use of all websites published by Experience Publishing, Inc. ("Experience Publishing"). By using, visiting, or browsing Experience Publishing's websites, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use Experience Publishing's websites.
Changes to Terms of Service
Experience Publishing reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole discretion. The most current version of these Terms of Service is posted on the site, and can be reviewed by clicking on the "Terms of Service" link located at the bottom of most of the sites' pages. The most current version of the Terms of Service will supersede all previous versions. Your use of the Experience Publishing websites after changes are made means that you agree to be bound by such changes.
Membership and BillingYou can find the specific details regarding your subscription with Experience Publishing at anytime by clicking on the "Customer Support" tab, located at the top of most pages of Experience Publishing's websites. We reserve the right to terminate any account at any time for any reason.
Experience Publishing works to make your online experience as customized and personalized as practical. In order to provide you with ease of access to Customer Support, Experience Publishing will place a cookie (a small text file) on any computer from which you access Experience Publishing's websites. When you revisit Experience Publishing's websites, this cookie will enable us to recognize you. This allows Experience Publishing to automatically determine Customer Support access privileges while allowing you to navigate the websites without having to repeatedly log in. It also helps us understand and meet your interests and needs; allow tracking and authentication of your use of the message boards; and more accurately collect other information, such as survey data. You are responsible for maintaining the confidentiality of Customer Support and password and for restricting access to your computer.
Disclaimers of Warranties and Limitations on Liability
Experience Publishing's websites and its contents are provided "as is" and we make no representations or warranties of any kind with respect to Experience Publishing's websites or its contents. We assume no liability or responsibility for any errors or omissions in the content of Experience Publishing's websites, any interruptions, failures, or delays in the delivery of any content contained on Experience Publishing's websites, any losses or damages arising from the use of the content provided on Experience Publishing's websites, or any conduct by users of Experience Publishing's websites. We disclaim all representations and warranties, including, for example, non-infringement, warranties of merchantability, and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via our sites is accurate, complete or current.
You agree to indemnify, defend, and hold Experience Publishing and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Experience Publishing or post on message boards infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This indemnification shall survive in the event this agreement is terminated for any reason.
With regard to Experience Publishing's websites, you acknowledge and agree that you will not:
Experience Publishing websites include message boards and other community features. Experience Publishing reserves the right to monitor any content or postings on the message boards (and other community features), but has no obligation whatsoever to do so. We also reserve the right to alter, edit or refuse to post or remove any postings or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Third Party Content
In general, the content available on the Experience Publishing websites is supplied by users and third parties. As such, Experience Publishing distributes content without editorial control (as does a bookstore or library). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Experience Publishing. Neither Experience Publishing nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Experience Publishing neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorized Experience Publishing representative while acting in an official capacity.
Accounts, Passwords and Security
If any of the Experience Publishing websites require you to open an account, you must complete the registration process by providing Experience Publishing with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Experience Publishing which is untrue, inaccurate, not current or incomplete, Experience Publishing reserves the right to terminate this Agreement and your continued access and use of the websites.
Use of Information Submitted
Experience Publishing is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to Experience Publishing, including, without limitation, responses to questionnaires or through postings to Experience Publishing's websites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Experience Publishing's websites or other websites. In addition, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall Experience Publishing have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submitted Materials upon the occurrence of a transfer of all or any portion of Experience Publishing's business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers.
Disclaimer of Liability
GROWING A BUSINESS IS A RISKY ENDEAVOR REQUIRING SKILL AND HARD WORK. THERE ARE NO GUARANTEES OF SUCCESS. NEITHER EXPERIENCE PUBLISHING NOR ANDREW NEITLICH MAKE ANY WARRANTIES, PROMISES, OR GUARANTEES ABOUT SPECIFIC FINANCIAL OR BUSINESS GOALS THAT THIS PROGRAM WILL ACHIEVE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND EXPERIENCE PUBLISHING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.
You have the responsibility to check with applicable laws in your jurisdiction regarding whether the approaches we suggest meet legal or licensing requirements, or standards, in your jurisdiction.
Your Conduct on Experience Publishing's Websites
By accessing Experience Publishing's websites, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Experience Publishing's websites. You also agree not to interfere with the servers or networks connected to Experience Publishing's websites or to violate any of the procedures, policies or regulations of networks connected to Experience Publishing's websites, the terms of which are incorporated herein. You further agree not to impersonate any other person while using Experience Publishing's websites, conduct yourself in a vulgar or offensive manner while using our service, or use Experience Publishing's websites for any unlawful purpose.
Limitations on Use
You must be 13 years of age or older to use Experience Publishing's service. Unless otherwise specified in writing, the content on Experience Publishing's websites is for your personal and non-commercial use and we grant you a limited license to access Experience Publishing's websites for that purpose. Without our express written consent, you may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, Experience Publishing's websites. Any unauthorized use of Experience Publishing's websites or its contents will terminate the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Some of the links on Experience Publishing's websites may lead to other websites that are not controlled by, or affiliated with, Experience Publishing. In addition, other websites may link to Experience Publishing's websites. Experience Publishing has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
This Agreement and the relationship between you and Experience Publishing shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions. You and Experience Publishing irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Fairfield, in the State of Connecticut, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Experience Publishing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Experience Publishing of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
Update posted: March, 2006
Copyright © 2013 Experience Publishing, Inc. All Rights Reserved