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Terms Of Use


TERMS OF USE

  1. THIS IS THE AGREEMENT BETWEEN YOU AND THE SUCCESS ADMIRAL™ BLOG
  2. The Success Admiral™ Blog is owned and operated by The Adam Aulenback Companies, Limited. This is an agreement (“Agreement”) between you and The Adam Aulenback Companies (“Adam Aulenback Companies”). This Agreement governs your use of any Web site or Web page operated by The Success Admiral™ Blog (each, “The Success Admiral™ Web Site” or an “Adam Aulenback Companies Web Site,” and collectively, “The Success Admiral™ Web Sites” or the “Adam Aulenback Companies Web Sites”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

    THE ADAM AULENBACK COMPANIES OFFERS THE SUCCESS ADMIRAL™ WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SUCCESS ADMIRAL™ WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE SUCCESS ADMIRAL™ WEB SITES.

    THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 12, 13, and 14); AND AN EXCLUSIVE REMEDY (See Section 13). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

  3. HOW THE ADAM AULENBACK COMPANIES MAY MODIFY THIS AGREEMENT
  4. Adam Aulenback Companies reserves the right to change the terms, conditions, and notices under which it offers the Adam Aulenback Companies Web Sites, including any charges associated with the use of the Adam Aulenback Companies Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Adam Aulenback Companies Web Site. Your continued use of the Adam Aulenback Companies Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

  5. ADDITIONAL TERMS
  6. Any Adam Aulenback Companies Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Adam Aulenback Companies Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Adam Aulenback Companies Web Site, then the terms in this Agreement shall control.

  7. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE THE SUCCESS ADMIRAL™ WEB SITES
  8. The Adam Aulenback Companies Web Sites are only for your personal use. You will not use the Adam Aulenback Companies Web Sites for commercial purposes. You will not use the Adam Aulenback Companies Web Sites in any way that is unlawful, or harms Adam Aulenback Companies, its affiliates, resellers, distributors, service providers and/or suppliers (each, an “Adam Aulenback Companies Party” and collectively, the “Adam Aulenback Companies Parties”) or any customer of a Adam Aulenback Companies Party, as determined in Adam Aulenback Companies’ sole discretion. Adam Aulenback Companies may tell you about certain specific harmful uses in a code of conduct or other notices available through a Adam Aulenback Companies Web Site, but has no obligation to do so. You may not use the Adam Aulenback Companies Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Adam Aulenback Companies Web Sites. Without limiting the generality of this section, you may not use the Adam Aulenback Companies Web Sites in any manner that could damage, disable, overburden, or impair any Adam Aulenback Companies Web Site (or the network(s) connected to any Adam Aulenback Companies Web Site) or interfere with any other party’s use and enjoyment of the Adam Aulenback Companies Web Sites.

  9. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
  10. For materials you post or otherwise provide to Adam Aulenback Companies related to the Adam Aulenback Companies Web Sites (a “Submission”), you grant Adam Aulenback Companies permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Adam Aulenback Companies Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Adam Aulenback Companies will not pay you for your Submission. Adam Aulenback Companies may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Adam Aulenback Companies may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Adam Aulenback Companies Parties or any customer of an Adam Aulenback Companies Party.

  11. SOFTWARE
  12. Your use of any software associated with the Adam Aulenback Companies Web Sites will be governed by the terms and conditions of the end user license agreement (“EULA”) accompanying such software. If you receive any software that is not accompanied by a EULA, then Adam Aulenback Companies grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Adam Aulenback Companies Web Sites and in accordance with this Agreement. Adam Aulenback Companies reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Adam Aulenback Companies or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Adam Aulenback Companies may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Adam Aulenback Companies Web Sites.

  13. INFORMATION AVAILABLE FROM THE THE SUCCESS ADMIRAL™ WEB SITES
  14. Adam Aulenback Companies and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Adam Aulenback Companies Web Sites, The Success Admiral™ Blog and other related services including, but not limited to, stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available (collectively, the “Services”) of Adam Aulenback Companies, and are intended to provide useful information for its users.

  15. NO PROFESSIONAL ADVICE
  16. The Adam Aulenback Companies provides professional information (for example, medical, legal, or financial) for informational purposes only, which should not be construed as advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Services.

  17. NO MEDICAL ADVICE
  18. The Services contain information on many medical topics; however there is absolutely no assurance that any information touching on medical matters is true, correct, or precise. The medical information provided in the Services is of a general nature and cannot substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in the Services. Adam Aulenback Companies does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Services.

  19. NO LEGAL ADVICE
  20. The Services contain information on many legal topics; however there is absolutely no assurance that any information touching on legal matters is true, correct, or precise. The legal information provided in the Services is of a general nature and cannot substitute for professional legal advice. Always seek the advice of competent counsel with any questions you may have regarding a legal issue. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

  21. NO FINANCIAL ADVICE
  22. The Services contain information on many financial topics; however there is absolutely no assurance that any information touching on financial matters is true, correct, or precise. The financial content in the Services is provided for your personal information only, is not intended for trading purposes, and cannot substitute for professional financial advice. Always seek advice of a competent financial advisor with any questions you may have regarding a financial matter. Information on this site is not appropriate for the purposes of making a decision to carry out a transaction or trade nor does it provide any form of advice (investment, tax, or legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments, or products.

  23. THE ADAM AULENBACK COMPANIES MAKES NO WARRANTY
  24. THE ADAM AULENBACK COMPANIES PROVIDES THE SUCCESS ADMIRAL™ WEB SITES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THE ADAM AULENBACK COMPANIES PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE THE ADAM AULENBACK COMPANIES PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SUCCESS ADMIRAL™ WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

  25. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
  26. IN NO EVENT WILL ANY OF THE ADAM AULENBACK COMPANIES PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SUCCESS ADMIRAL™ WEB SITES, EVEN IF SUCH THE ADAM AULENBACK COMPANIES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 14 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SUCCESS ADMIRAL™ WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY THE ADAM AULENBACK COMPANIES PARTY WITH RESPECT TO THIS AGREEMENT OR THE SUCCESS ADMIRAL™ WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUCCESS ADMIRAL™ WEB SITES.

  27. CHANGES TO THE SUCCESS ADMIRAL™ WEB SITES; ADDITIONAL LIABILITY LIMITATION
  28. THE ADAM AULENBACK COMPANIES PARTIES MAY CHANGE THE SUCCESS ADMIRAL™ WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Adam Aulenback Companies Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by Adam Aulenback Companies and persons other than Adam Aulenback Companies (any such person is referred to as a “Third Party”). WITHOUT LIMITING THE GENERALITY OF SECTIONS 12 AND 13, YOU ACKNOWLEDGE AND AGREE THAT THE ADAM AULENBACK COMPANIES PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, YOU ACKNOWLEDGE AND AGREE THAT THE ADAM AULENBACK COMPANIES IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SUCCESS ADMIRAL™ WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE SUCCESS ADMIRAL™ WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SUCCESS ADMIRAL™ WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SUCCESS ADMIRAL™ WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 12, 13 AND 14 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

  29. TERMINATION; ACCESS RESTRICTION
  30. Adam Aulenback Companies may terminate this Agreement, or terminate or suspend your access to the Adam Aulenback Companies Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Adam Aulenback Companies Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE SUCCESS ADMIRAL™ WEB SITES MAY NOT BE RETRIEVED LATER.

  31. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
  32. If this Agreement is with The Adam Aulenback Companies, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Province of Nova Scotia, without reference to conflict of laws principles. If this Agreement is with a Adam Aulenback Companies affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Adam Aulenback Companies affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Adam Aulenback Companies Web Sites are directed. If this Agreement is with The Adam Aulenback Companies, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Halifax County, Nova Scotia, Canada in all disputes arising out of or relating to the use of the Adam Aulenback Companies Web Sites. If this Agreement is with a Adam Aulenback Companies affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Adam Aulenback Companies affiliate in all disputes arising out of or relating to the use of the Adam Aulenback Companies Web Sites.

  33. INTERPRETING THE AGREEMENT; ASSIGNMENT
  34. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Adam Aulenback Companies may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Adam Aulenback Companies Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Adam Aulenback Companies with respect to the Adam Aulenback Companies Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Adam Aulenback Companies with respect to the Adam Aulenback Companies Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

  35. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
  36. YOU AND THE ADAM AULENBACK COMPANIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUCCESS ADMIRAL™ WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  37. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
  38. All contents of the Adam Aulenback Companies Web Sites are Copyright © The Adam Aulenback Companies and/or its suppliers, 22 Springvale Avenue, Halifax, Nova Scotia B3N 2A2 Canada All rights reserved.

    Adam Aulenback Companies, The Success Admiral™, The Success Admiral™ logo (logo description), and/or other Adam Aulenback Companies products and services referenced herein may also be either trademarks or registered trademarks of Adam Aulenback Companies in Canada, the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

  39. FOR INFORMATION REGARDING THE SUCCESS ADMIRAL™ PRIVACY STATEMENT CLICK HERE.
  40. Last Updated: April 2009