1. BINDING EFFECT. This is a binding legal agreement. By accessing more than one page of https://taykoff.com (the “Site”) or downloading content from it, you agree to abide by these Terms and Conditions, as they may be amended by Taykoff.com (“Taykoff”, “our”, “we”, “us”) from time-to-time.
3. AGE REQUIREMENT. You agree that by using the website you represent that you are at least 18 years of age and have the legal ability to enter into this agreement.
4. USER LICENSE. Should you download content from us, Taykoff grants you a limited, non-exclusive, personal, non-transferable license to view all or part of the content. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information or content provided on Taykoff without our express consent.
5. OUTCOMES. You understand and agree that the information and content provided by Taykoff are not guaranteed to produce a specific result. As with any self-help information, the outcome is reliant upon the time and effort you put into your business and market conditions.
6. COMMUNICATION. When you contact us, sign up to receive a newsletter or download content from the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
7. USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing comments, information or other content (“User Content”) to the Site, you grant Taykoff, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with your order, the Internet business of Taykoff, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
9. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that is libelous, defamatory, obscene, pornographic, abusive, or threatening.
10. ALLEGED VIOLATIONS. Taykoff reserves the right to terminate your use of the Site. To ensure that Taykoff provides a high-quality experience for you and for other users of the Site, you agree that Taykoff or its representatives may access your account, records, and user-generated content on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Taykoff may disclose any investigation to third parties in its discretion or under legal compulsion. Taykoff reserves the right to terminate your account or order immediately without liability to you if we believe you violated any of the Terms and Conditions, furnished us with false or misleading information, or interfered with the use of the Site by others.
11. NO WARRANTIES. TAYKOFF HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR CONTENT DOWNLOADED FROM THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAYKOFF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TAYKOFF DOES NOT WARRANT THAT THE SITE OR DOWNLOADABLE CONTENT OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE DOWNLOADED CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU AGREE WE ARE NOT LIABLE NOR WILL YOU HOLD US RESPONSIBLE FOR ANY DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, GOODWILL, REPUTATION, OR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF INFORMATION AVAILABLE THROUGH THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE PARTIES AGREE THE EXTENT OF ANY MONETARY AWARD SHALL BE LIMITED TO $500 SHOULD YOU BE DECLARED THE PREVAILING PARTY BY A COURT OF LAW.
13. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14. SITE TERMINATION. Taykoff reserves the right to no longer make available all or part of the Site or any downloadable content offered through the Site at any time in its sole discretion.
15. FEEDBACK AND BUGS. All past, existing or future improvements, designs, copyright, processes, know-how or other intellectual property (“Intellectual Property”) in the Site are owned by or licensed by us, remain our property and you acknowledge that you have no right, title or interest in or claim to the Intellectual Property. You acknowledge that any improvements to the Intellectual Property discovered or suggested by you pursuant to your use of the Site or downloadable content is our property and you will advise us as soon as possible, assign any such improvements to us, and agree to take any reasonable steps we request to establish a record of the assignment of the Intellectual Property for up to five (5) years after your communication. We will have the sole right to apply for and obtain any copyright protection for such improvements.
16. AFFILIATED SITES. Taykoff has no control over, and assumes no liability for any third party websites or materials. Taykoff works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because Taykoff has no control over the content and performance of these partner and affiliate sites, Taykoff makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Taykoff assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that Taykoff makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
17. PROHIBITED USES. Taykoff imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Taykoff; or (f) automatically or manually scraping or copying the content from the Site or downloadable content without our consent. Any violation may subject you to civil and/or criminal liability.
18. INDEMNITY. You agree to indemnify, defend, and hold harmless Taykoff, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Taykoff will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
19. COPYRIGHT. All contents, excluding user generated content, are: Copyright © 2016 Linda Jones. All rights reserved.
20. GOVERNING LAW AND CHOICE OF FORUM. This agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts, as appropriate, in Orange County, California in all disputes arising out of or related to the use of the Site.
21. SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other Terms and Conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
22. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Taykoff or by any third party.
23. AMENDMENTS. Taykoff may, in its sole discretion, amend these Terms and Conditions. Should this occur, notice will be posted on the Site and forwarded to you by email should we have an email address for you. The proposed amendments will be binding 30 days after posting on the Site. You may choose to reject the amendments by discontinuing your use of the Site.