TERMS OF USE, LICENSES, COMMUNICATION and LEGAL INFORMATION

HAWKINS MEDIA, LLC
TERMS OF USE, LICENSES, COMMUNICATION and LEGAL INFORMATION

 

YOUR CONSENT

By reading, visiting, purchasing, subscribing to, attending, and/or otherwise using any product or service offered by 
by Hawkins Media, LLC, or its divisions (notably Advisor Media), brands (notably Advisor), affiliates, predecessors, successors, or assigns (collectively "Publlisher"), including all Web sites, online content, printed publications, live events, recorded products, email, content feeds, and anything else originating with Publisher, You consent to the Terms of Use described on this page, Privacy Policy, and trademarks and copyrights. 

Terms of Use, Privacy Policy, trademarks and copyrights are subject to change from time to time. Such changes will be made on this and/or other appropriate Web pages, but no individual notice will be provided. You agree to monitor this and other Publisher pages for changes, and Your continuing use of Publisher's products and services confirms Your agreement to these Terms, now and as may be amended.

LICENSE TO USE

Publisher licenses the right to use published works for the individual's personal education only. This license applies to all works from Publisher, including: 
online Web, email, and RSS; physical works in print; on CD, DVD or other electronic medium; in-person such as a conference or seminar; or by any other means, whether known or unknown. Publisher Media reserves the right to refuse or reject or terminate or cancel any purchase or any customer or any user or any license or any access.


Your right to use Publisher services, including content, downloads, and online access, is licensed to You as an individual person, and is not transferable or shareable. You agree to keep confidential Your personal online access sign-in name and password, and not share them with anyone, including co-workers. Any violation may be prosecuted under civil and criminal law as theft of service, infringement of copyrights, and other causes of action.

For use of copyrighted content that Publisher may provide in information/data feeds such as RSS or XML, You are granted a limited license only if You comply with the following requirements. You must: respect Publisher's copyrights and trademarks; provide full attribution to Publisher and/or Publisher's website; provide at least one link to http://www.advisor.com; use the information exactly as provided, not altering or extracting in any way; not use any content that is not explicitly published or included by Publisher in a public feed. For instance, You are not allowed to copy or otherwise re-post Publisher's articles in any way, and You are not allowed to acquire any of Publisher's content through "screen scraping" or other means. You are not allowed to use Publisher's trademarks except to identify the source of Publisher's public content. You agree to cease using Publlisher's content, information, data, trademarks, or other property upon request.

You may not re-post, copy, forward or otherwise publish or distribute any of Publisher's content, including articles, files or other works; doing so would violate United States and international copyright laws. If You have special needs, such as content redistribution or access for multiple users, contact Publisher for licensing options. Unless you receive written permission directly from Publisher, you do not have permission of any kind.

Use of robots, crawlers, spiders, bulk-mail systems, port scanners, or any other automated method of connecting with Publisher web sites, e-mail addresses, and any other servers, is forbidden. Any automated scanning, indexing or gathering of Publisher's online content is forbidden, unless permission is explicitly granted by Publisher to the user of automated methods. Any automated method of sending non-requested email to Publisher is forbidden. Performance of any automated activity is cause for blocking of the perpetrator's IP address, termination of the perpetrator's account, and forfeiture of any money paid to Publisher for subscriber or other access, and notification of the perpetrator's Internet Service Provider, employer, government agency, and/or other authorities. Further, Publisher requires compensation for unauthorized use of its systems, including performance degradation and other negative impacts caused by automated activities. By using automated methods directed at Publisher's Internet domains and/or IP addresses, the perpetrator agrees to payment of $10.00 (U.S. ten dollars) per server hit, email message, or any other attempt to connect, as shown in Publisher's server logs and/or by other methods, or $10,000 (U.S. ten thousand dollars) per day, whichever is less, but without any maximum limit, whether such attempts succeed or fail at retrieving content, sending email to Publisher, or achieving any other result for the perpetrator.

Use of ad-blocking methods is forbidden. The advertising on Publisher's web pages helps pay the costs of providing you with the online services. Therefore, if you use any method to avoid receiving or seeing these ads, you are agreeing to make alternate payment for your use in the amount of $100 (U.S. one hundred dollars) per day for every day you visit any Publisher web site while you are hiding, suppressing or otherwise not viewing all of the site's advertising messages. Also, if you use any ad-blocking method to view any Publisher online content, you are modifying the content by removing the advertising, thereby creating a derivative work without permission, in violation of U.S. and international copyright laws. By doing so, you agree to pay $50 (U.S. fifty dollars) per-view as a copyright derivation fee, for every viewing of a page you have modified or allowed to be modified, by ad-blocking or any other method.

Notice to anyone who posts, copies or republishes content that is copyrighted by Publisher: Unless the poster in-advance receives explicit written authorization from Publisher, the action of posting, copying or republishing constitutes explicit agreement by the poster AND by the owner or other beneficiary of the website/publication to EACH pay to Publisher a licensing fee of $1,000.00 (U.S. one thousand dollars) per article per day, per posting, and/or per publication, and/or per website. Payment of this required fee does not cause Publisher to waive any of its rights to pursue additional remedies under U.S. and international law.

CUSTOMER COMPLIANCE

Publisher reserves the right to restrict, suspend, terminate or modify service to You, with or without notice, if You fail to comply with Publisher's stated terms and conditions of use, store policies, copyrights and trademarks, or for any other reason that Publisher at its sole discretion deems harmful or unacceptable. While not limiting the general scope of this statement, the following customer/user actions are some of the possible causes for termination: failure to pay for service; making a false statement or claim to Publisher; publicly making a false statement or attempting to disparage Publisher; interfering with or attempting to disrupt Publisher's services or business operations; declaring bankruptcy; violating Publisher's copyrights or trademarks; sharing or using a sign-in without proper authorization; being involved with illegal or non-compliant activities that potentially affect Publisher; breaching any part of Publisher's customer-related terms and agreements; failing to pay or disputing payment, terms or other matters; or performing actions that could affect other Publisher customers. Upon such termination, Publisher may immediately deactivate Your access.

TRADEMARKS

ADVISOR has been a registered trademark of Publisher in the Unites States, the European Union, and other countries. The ADVISOR logo, and most names of Publisher's products and services, including Internet domains, that include ADVISOR are trademarks or service marks of Publisher. Trademarks of other parties are used for identification, description and editorial purposes. In some cases trademarks are used under license from their owners. Click for a list of trademarks of Publisher and other parties. The absence of a name or logo does not constitute a waiver of any and all intellectual property rights that Publisher has established in any of its product or service names or logos.

ACCURACY OF INFORMATION

USE OF ALL INFORMATION IS ENTIRELY AT YOUR OWN RISK. The information, files and resources published, presented, offered or provided by Publisher have been obtained from sources believed to be reliable. Published information, articles, tips, reviews, code and files do not undergo formal testing or confirmation by Publisher. Opinions expressed are those of the writers and do not necessarily reflect the views of Publisher. No advice or information given by Publisher, its employees, writers, speakers, contributors, affiliates, contractors, partners, agents, or related companies, shall create a warranty, unless specifically outlined and agreed to in writing. Publisher, including its editors, writers and speakers, disclaim all warranties as to the accuracy, completeness, Year 2000 compliance, or adequacy of the information, and shall have no liability for errors, omissions, or inadequacies of the published or presented information. While Publisher strives to provide correct information, an Advisor publication, conference, seminar, tradeshow, CD, DVD, enewsletter, email, content/data feed, Web site or any other product or service may contain incorrect information caused by human error, computer error, changes in technology, changes in business practices, or other changes that may occur. Publisher and other parties may make changes to the information published, presented or mentioned by Publisher at any time without notice. The reader/user/attendee/customer assumes sole responsibility for determining the suitability and making appropriate use of the information and resources. The facts and opinions expressed are subject to change without notice. The content, sessions, speakers, schedule and all other details of live and online events, conferences, seminars and tradeshows are subject to change without notice or liability.

COPYRIGHTS

The entire contents of Publisher's online network, and all physical, electronic, live and other works published, presented and operated by Publisher, including all Web sites, Web pages, email, content feeds, print, recorded products, and any other form of content published by Publisher (including predecessor and related companies), and all Publisher works published in any fashion, including but not limited to other Internet sites or distributed or made available in any manner, including but not limited to by Internet, by disk, in print, in person, whether published with or without the permission, are copyrighted by Publisher unless otherwise stated, and protected by U.S. and international law. All rights are reserved. Absolutely no copying, re-posting, republishing, or any other reproduction, derivation or extraction, of any scope, quantity or nature, in any form, for any purpose, is allowed without written authorization from Publisher.

PROSECUTION REWARD

Publisher vigorously protects its copyrights and trademarks. If You know of anyone who is using, publishing or duplicating copyrighted material of Publisher without permission, or if You know of anyone who is using the trademarks of, or who is attempting to inappropriately benefit from the reputation of, or who is misleading the public about an affiliation with, Publisher, please provide details via http://Contact.Advisor.com.

WARRANTY & LIMITATION OF LIABILITY

ALL PRODUCTS, SERVICES, MATERIALS AND INFORMATION PROVIDED BY HAWKINS MEDIA, LLC, OR PREDECESSOR COMPANIES, ASSIGNS OR SUCCESSORS (COLLECTIVELY "PUBLISHER"), INCLUDING ARTICLES, WEB PAGES, INSTRUCTIONS, FILES, PROGRAM CODE, TRAINING, SOFTWARE, ADVICE, RESEARCH, SERVICES, CONFERENCES, SEMINARS, WORKSHOPS, EVENTS, AND ALL OTHER PRODUCTS AND SERVICES ("MATERIALS"), WHETHER PROVIDED ON THIS OR ANOTHER WEB SITE, IN A MAGAZINE, IN A NEWSLETTER, ON A DISK, ON A VIDEO TAPE, IN A BOOK, IN A CONFERENCE, IN A WORKSHOP, IN A SEMINAR, BY EMAIL, BY FAX, BY CONTENT/DATA FEED, ON THE INTERNET, OR IN ANY OTHER PRINTED, ELECTRONIC, LIVE, RECORDED, MECHANICAL, HUMAN OR OTHER WAY, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, ADEQUACY, OR YEAR 2000 COMPLIANCE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. NO ADVICE OR INFORMATION GIVEN BY PUBLISHER, ITS EMPLOYEES, WRITERS, SPEAKERS, AFFILIATES, CONTRACTORS OR AGENTS SHALL CREATE A WARRANTY, UNLESS SPECIFICALLY OUTLINED AND AGREED TO IN WRITING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL PUBLISHER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ITS INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPENSES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF SOFTWARE OR DATA, OR ANY OTHER LOSS OR PROBLEM, EVEN IF ADVISOR MEDIA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, PUBLISHER'S ENTIRE LIABILITY IN ANY MATTER ARISING OUT OF ITS INFORMATION, PRODUCTS OR SERVICES, WHETHER BY TORT OR CONTRACT, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER DIRECTLY TO PUBLISHER. UNDER NO CIRCUMSTANCES WILL PUBLISHER BE RESPONSIBLE FOR AMOUNTS PAID TO OR OBLIGATIONS RELATED TO THIRD PARTIES FOR ANY PURPOSE WHATSOEVER.

COMMUNICATIONS AND NOTICES

You agree to receive all information and documents from Publisher, including invoices, bills, receipts, confirmations and other notices, in digital format such as web page, email, fax, or other method, at Publisher's sole discretion. You agree that any such communication is legally equivalent to "written" documents that might otherwise be sent in a physical format, and carries the same legal effect. However, if You must physically sign a document, You agree to comply with Publisher's method of doing so, such as faxing, or signing and mailing a printed document. Publisher is not responsible for any failure of You to receive a document or be aware of the status of your purchase or subscription, such as expiration date or need to renew. If You have questions about your account, notify Publisher immediately by using the contact methods described at the bottom of this agreement.

PAYMENT POLICIES

Publisher reserves the right to change prices at any time without prior notice to its customers or the public. If You have a current subscription or advertising campaign, usually it will not be affected by a price change. However, a renewal, extension or change that You request will be at the new price.

You agree to make payments by credit card, debit card, or other method that is acceptable to Publisher, which may be changed at any time. If You purchase a product or service that involves recurring payments, You authorize Publisher to charge the amount You owe to the credit/debit card You provided, and You agree to pay those amounts to the benefit of Publisher.

If there is a problem with your means of payment that prevents Publisher from receiving the funds in full, an administrative fee will be added to your purchase or balance due. The fee if your credit card or debit card charge is declined is US$2.00 (two dollars). The fee if your check is declined is US$20.00 (twenty dollars).

If your make payment in a currency other than U.S. dollars, You agree that any currency exchange costs, plus an administrative fee of US$5.00 (five dollars) may be added to your balance due.

Should Your payment not be received by Publisher for any reason that is beyond its control, You will be notified and You agree to make payment immediately by alternate means. If at any time Your payments are not sufficient to cover your balance due to Publisher, You agree that products and services may be suspended until you provide the necessary payment.

PROBLEM RESOLUTION

If You have a problem with your purchase, You agree to cooperate with Publisher to resolve the problem. You will provide Publisher with complete details on your purchase, your reason for believing there is a problem, and your email and telephone number, by using the contact methods stated at the bottom of this agreement. You agree to allow Publisher thirty days to investigate, contact You, correct the problem, or issue a prorated refund if appropriate. You may not request a refund because You did not use promptly a product or service that You ordered and Publisher provided, such as online access, a CD You did not use, or a publication You did not read. You may not request a refund due to a technical or other problem that can be corrected; instead, You agree to notify Publisher. You may not request a refund due to problems or factors related to your environment, including but not limited to your online access availability, firewalls, anti-virus and anti-spam systems, ad-blocking systems, reliability of local mail delivery, name or address mistakes caused by You, or any other factors that are beyond Pulisher's control. Normally, a refund will be made in the same form and to the same party as the original payment. If you dispute a credit/debit card payment that results in an invalid or incorrect charge back to Publisher, an administrative fee of US$25 (twenty-five dollars) will be added to your purchase or balance due.

SUBMISSIONS TO PUBLISHER

Unless prior agreement is made in writing by Publisher, the act of submitting any works by any means, including online, email, electronically, physically, or in any other form, grants to Publisher the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the works in any medium, for any purpose whatsoever, whether the medium and/or purpose are known or unknown, existing or yet to be invented. You waive any legal and moral rights You may have regarding changes to the works. Examples of submitted works include but are not limited to: tips, articles, instructions, opinions, data, advice, recipes, photographs, diagrams, computer code, example software, blueprints, illustrations, graphics and images, comments in discussion forums and other places, and any other information, content or works.

SCOPE AND JURISDICTION

This agreement applies to Your relationship with Publisher. When you use a Publisher product or service, visit a Publisher web site, do business with Publisher, provide information to Publisher, or in any way interact with Publisher, you agree that your activities, transactions and information is covered only by the laws, regulations and protections applicable to the location of Publisher, which may be different from your country or location, and is subject to change. Publisher's current main location is in San Diego County, California, USA.

THIRD-PARTY ADVERTISING, INFORMATION, PRODUCTS & SERVICES

Publisher provides advertising, links, listings, editorial content, and information on "third-party" companies, people and Web sites as a convenience only. Publisher has no control over such other parties, and Publisher does not endorse or accept any responsibility for Your experiences with anything advertised, linked, listed, written about, or otherwise provided or mentioned by Publisher in any medium or any context.

AFFILIATIONS

Hawkins Media is an independent company, founded in 1968 and evolving in various forms to today. Company division Advisor Media was founded in 1983. Company division HawkTek was founded in 1986. Hawkins Media, LLC is organized in the State of California.

CONTACT COMPANY

http://contact.advisor.com

DOCUMENT MATERIALLY REVISED 24 MARCH 2014