Terms of Use and Legal Notices
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By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE AND LEGAL
Effective Date: January 24, 2017
To review material modifications and their effective dates scroll to the bottom of the page.
1.Parties. The parties to these Terms of Use are you, and the owner of this averybreyer.com and/or avery-breyer.mykajabi.com website business, Avery Breyer Inc. (“AB Inc.”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and AB Inc..
2.Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Avery Breyer Inc. and are the property of the AB Inc. and/or its third party providers. You agree that such Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the AB Inc. hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Content belonging to AB Inc. may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by AB Inc. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of AB Inc., as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of AB Inc.
3. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the AB Inc. and/or a supplier to AB Inc. No such materials may be used except as provided in these Terms of Use.
4. All trade names, trademarks, and images and biographical information of people used in our Content and contained in the Site are either the property of, or used with permission by, AB Inc. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of us and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of AB Inc. or third party owner. We respect the copyright, trademark and all other intellectual property rights of others. We have the right, but have no obligation, to remove content and accounts containing materials that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify us at averybreyer-at-averybreyer-dot-com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
5. When you register with us and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of AB Inc. No submission shall be subject to any obligation of confidence on the part of AB Inc. We shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7.Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
8.How We Treat Postings To This Site (Blog, Forum, or Chat Room).
8.1We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
8.2We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
8.3By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
9.Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
10.Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
11.Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
12.Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
13.Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OTHER DISCLAIMERS 1.No Obligation to Update Information. The information presented herein represents the view of the author as of the date of publication. Because of the rate with which conditions change, the author reserves the right to alter and/or update his opinion based on the new conditions, and the author is not obligated to update this information. Anything posted on this site that contains the views of others has either been submitted to us, or found on the Internet and published as a fair use. The views expressed on this site by 3rd party authors are solely those of 3rd party authors and do not in any way reflect our views. This site is solely a provider of useful articles and hereby disclaims all liability for any damages or injury or other harm arising from this website. We are not obligated to update any information attributable to 3rd party authors. 2.No Investment Advice or Recommendations. This site and the information provided herein is for informational purposes only, and no investment, tax, legal, insurance advice is intended or given. Nothing on this site should be construed to be (i) an offer to sell or a solicitation to purchase a security, or (ii) a recommendation regarding any security. Information in videos, articles, and blog posts on this site that discuss specific securities is general in nature, is not tailored to the investment needs of any particular person, and should not be relied upon without independent verification. Information in videos, articles, and blog posts on this site may affect the market prices of the securities discussed. Investment decisions are subject to certain risk factors that may not be discussed completely, or at all, on this site. We believe that any performance data provided on this site is provided from sources we deem to be reliable; however, we do not guarantee the accuracy or completeness of any such data. You should verify any such data through your own sources. Your Investment decisions and strategies should be determined solely by you in the exercise of your own judgment based on your unique investment objectives and financial circumstances. If you need professional advice, you should consult your own professional advisors. 3.Disclaimer For Blog Posts by Others. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
16.Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
17.Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
18.Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
FOR QUICKEST RESPONSE, please send an email to averybreyer-at-averybreyer-dot-dom
If you choose to contact us by mail, please email us first at the above email address to let us know that we ought to keep an eye out for your mail:
Avery Breyer Inc.
Suite 103, Unit 3, 363 Broadway
Winnipeg, Manitoba
Canada
R3C3N9
Telephone: +1 204-318-1126
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
19.Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the International Centre for Dispute Resolution Canada (“ICDR”) then in effect. The language of the arbitration will be English. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with ICDR rules. The arbitration shall take place in Winnipeg, Manitoba, Canada. The arbitrator shall apply the laws of Manitoba, Canada to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
20.Jurisdiction And Venue. The courts of Winnipeg, Manitoba, Canada and the nearest Court of Queen’s Bench in the Province of Manitoba shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
21.Controlling Law. This Agreement shall be construed under the laws of Manitoba, Canada, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
22.Intended For Use Only Within Canada or The United States. This site is intended for use only from within Canada or the United States. We do not represent that this site is appropriate for use elsewhere, and if you access this site from outside Canada or the United States, you do so at your own risk. Access to this site from locations where its contents are illegal is not authorized.
23.Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
24.Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
25.Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
26.Privacy. Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.
LEGAL NOTICES
Copyright 2015-present Avery Breyer Inc. All rights reserved worldwide.
THE WEALTH AND PROSPERITY BUILDER, SEO WRITING BOOTCAMP, and THE MONEY MASTERY BLUEPRINT are unregistered marks of Avery Breyer Inc. – all other trademarks are the property of their respective owners.
>>Material Modifications<< Since January 24, 2017: Added THE MONEY MASTERY BLUEPRINT to list of unregistered marks on January 27, 2017.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com (affiliate link, see below for details). All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.
(A note from Avery: That link to FTC Guardian is an affiliate link, which means that if you sign up for FTC Guardian, Avery Breyer Inc. gets a commission. But I like their service and I’ve learned a lot from it, so feel comfortable recommending them to you. Do with that information what you will.
P.S. Wondering if the fact that AB Inc. signed up for FTC Guardian is a sign that something nefarious is going on? Please don’t think that. In reality, I signed up AB Inc. to their service because to hire a lawyer to generate all the documents that the law and various user agreements for services we use require would cost a small fortune and I’d rather spend that money on other aspects of the business, like creating more books, for example! Additionally, there are so many laws in so many jurisdictions to stop the bad apples from taking advantage of people that normal people like me who are honestly trying to do the right thing end up feeling buried under an avalanche of legal talk and have a heck of a time keeping up. So while I believe that merely using common sense and “not being a jerk” will go far, I worry that such an approach is not enough in today’s world. Hope anyone reading this understands.)
