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Terms of Use

 

These Terms of Use dated March 20, 2024 (these “Terms”) are a binding contract and govern the use of the website https://www.chrisnaugle.com/ (the “Website”) operated by The Money School LLC (“Company”), any Content, resources, and links to other websites contained on the Website and any purchases made by you through the Website. 

  1. Agreement. By accessing and using the Website, you must comply with these Terms, as may be amended from time to time. You must not use the Website if you do not agree with these Terms. Company may, at any time, change, add to, or otherwise update these Terms. Any such changes, additions, or updates are effective immediately once posted onto the Website. Your continued use of the Website is deemed acceptance to these Terms and any such changes, additions, or updates..
  2. Content. Company, along with its affiliates, partners, and advertisers, provide content to you by means of the website subject to the following conditions: 
    1. All such content, including, without limitation, information, data, software, advertising, opinions, text, images, graphics, audio, video, code, logos, trademarks, and the “look and feel” of this Website (“Content”) are protected under applicable copyrights and are the intellectual property of Company and its affiliates, partners, advertisers, licensors, and suppliers. 
    2. You may not use, copy, disclose, transfer, or distribute any such Content except to the extent provided in these Terms.
  3. Use. You may use the Website and Content solely for personal, non-commercial, informational, educational, and entertainment uses.
  4. Prohibitions. You must not:
    1. Use, modify, rearrange, distribute, sell, transfer, publish, or delete any copyright, trademark, or other intellectual property notices on any Company intellectual property;
    2. Use the Website or Content in any way that violates any applicable law;
    3. Use the Website or Content in any jurisdiction that does not give full effect to all provisions of these Terms;
    4. Post or transmit content that:
      1. Infringes on the copyright, trademark, patent, trade secret, moral, artistic, or other intellectual property, personal, contractual, or other rights of Company or any other person or entity;
      2. Impersonates another;
      3. Is unlawful, violent, harassing, threatening, abusive, defamatory, invasive, obscene, or otherwise objectionable in Company’s sole determination;
      4. Encourages criminal conduct or conduct that would give rise to civil liability or otherwise violate any applicable law;
      5. Advertises for goods or services or solicits funds in an overt, unwelcome, or otherwise objectionable manner in Company’s sole determination; or
      6. Except as required for account registration, includes personal information, including, without limitation, phone numbers, addresses, account numbers, passwords, social security numbers;
    5. Systematically gather any Content or other data from the Website without Company’s prior written consent;
    6. Duplicate or download any Content without Company’s prior written consent;
    7. Decompile, reverse engineer, decrypt, or otherwise circumvent any aspect of the Website or Content;
    8. Introduce malicious code, virus, software, or loads intended to cause harm to the Website;
    9. Violating or attempting to violate the security of the Website, including, without limitation,  exploiting or seeking vulnerabilities or interfering with the operation of the Website, Content, system, or network, and attempting to access data not intended for you;
    10. Engage in any behavior understood to be bad faith, malevolent, or unreasonable; or
    11. Violate any of these Terms.
  5. Account Registration. Certain areas of the Website may require the creation of an account or otherwise require you to provide information to access such areas, to participate in certain features, and see certain Content. Providing such information is optional, however if you choose not to do so, your access to the Website and Content may be limited. If you elect to provide information, you must provide only true, current, and complete information. You must not provide information other than your legal name or otherwise impersonating another person. Company will use and maintain this information subject to its Privacy Policy located on the Website. By creating an account on the Website, you agree to accept responsibility for all activities that occur under your account. You must not sell, transfer, or assign your account or any account rights. Such sale, transfer, or assignment is void. Each registration is for a single user only. You are solely responsible for maintaining the confidentiality of your password. Company reserves the right to terminate your account or deny access to the website to you for any violation of these Terms.
  6. License to Use Information. You grant Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable, and non-exclusive license to use, copy, modify, display, store, disclose, distribute, create derivative works, reverse engineer, and otherwise exploit any information, material, ideas, or know-how provided by you to the Website or the Company, without Company providing any compensation.
  7. Third-Party Content. The Website may contain information or content supplied by third parties. By accessing and using the Website, you acknowledge that Company is not responsible for a third party’s (1) lack of accuracy and completeness of such information or content; (2) inappropriate or obscene content; (3) defamation; (4) fraud, misrepresentation, invasion of privacy, infringement, or other tortious misconduct; or (5) act or omission to the extent caused by said third party. Any such responsibility lies with the third party; and that Company has no obligation to review or remove such content. Certain Content, areas, or features of the Website may include information or content supplied by third parties or links leading to a third party’s website, which may be governed by the third party’s terms and conditions. You are solely responsible for the access or use of such Content, areas, features, or websites, including, without limitation, the review, understanding, and acceptance of such terms and conditions.
  8. Indemnification. You must indemnify, hold harmless, and defend Company, its owners, executives, officers, directors, affiliates, employees, contractors, agents, customers, and vendors against any claims, liabilities, suits, actions, losses, damages, and costs, including, without limitation, reasonable attorneys’ fees, brought by any third party to the extent arising out of your (i) use of the Website or Content, (ii) alleged breach of or violation of these Terms, (iii) breach of law, or (iv) breach of third-party intellectual property rights. Company may, at its own expense, assume exclusive defense and control of any matter for which you must indemnify Company. You must not enter into any settlement or admit any liability on Company’s behalf without Company’s prior written consent.
  9. Denial of Access. Company may deny access to any part of the Website or Content for any or no reason. You must immediately cease and desist from accessing the Website or Content following notice of such denial.
  10. Interruptions. Company does not guarantee continuous, uninterrupted, or secure access to the Website. Company is not obligated to provide support or maintenance of the Website.
  11. Privacy. You agree that any information we obtain through your use of this site, is subject to Company’s Privacy Policy, which is incorporated by these Terms.
  12. Survival. The provisions of these Terms, including, without limitation, warranty, indemnification, intellectual property, and will survive any termination of these Terms.
  13. Representations and Warranties. By accessing the Website, you represent and warrant that you (i) have read, understand, and agree to comply with these Terms, and (ii) have the legal authority and capacity to enter into these Terms.
  14. Age Limitations. You may not use or access the Website if you are under 18 years old. 
  15. Geographical Restrictions. The Website is intended for use only by people located in the United States. All others access this website on their own initiative and are responsible for compliance with their local laws.
  16. Dispute. All disputes arising out of your use of the Website or Content or compliance with these Terms are subject to the exclusive jurisdiction and venue of the courts of the Erie County courts of the state of New York. These Terms are governed by the laws of the state of New York, without regard to conflict of law principles and the United Nations Convention on the International Sales of Goods. 
  17. Disclaimers. COMPANY MAKES NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY CONTENT ON THE WEBSITE. ALL CONTENT AND GOODS PURCHASED ARE PROVIDED “AS IS” AND “AS AVAILABLE, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TO THE EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL COMPANY BE  RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE OR ANY DAMAGE THAT YOU MAY INCUR RELATED TO YOUR USE OF THE WEBSITE OR CONTENT, INCLUDING, WITHOUT LIMITIATION, DAMAGE TO YOUR COMPUTER OR DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA, OR DELAYS, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU MUST FILE ANY CLAIMS WITHIN 1 YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURS OR ELSE THE CLAIM IS WAIVED. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (A) THE GOODS, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE SERVICS AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY GOODS, SERVICES, OR CONTENT PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE WEBSITE MAY CONTAIN TECHNICAL, INFORMATIONAL, OR TYPOGRAPHICAL MISTAKES, INACCURACIES, OR ERRORS. THE USE OF ANY SERVICES OR CONTENT IS DONE AT YOUR SOLE DISCRETION AND RISK, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER, SYSTEM, NETWORK, OR DATA. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THIS WEBSITE. SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY COMPANY OR ANY OTHER OF COMPANY’S AFFILIATES. NEITHER COMPANY NOR ITS AFFILIATES ARE LIABLE FOR NOR DOES COMPANY ENDORSE ANY THIRD-PARTY GOODS, SERVICES, OR CONTENT OFFERED THROUGH THIS SITE. THE PROVISIONS IN THIS SECTION ARE APPLICABLE TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  18. Purchase Policy. All pricing is denominated in US Dollars and is subject to change without prior notice. You must pay the total purchase price prior to Company’s acceptance and fulfillment of an order. Company may discontinue selling any goods or services, decline any order, or limit order quantities, for any reason or no reason, with or without notice. Company may add applicable sales taxes to the total purchase price. Company reserves all rights in the intellectual property incorporated in any goods or services delivered. Company does not guarantee the descriptions or images of the goods or services are accurate or complete. 
  19. Storage of Data. Company is not responsible nor is the Website designed or intended to be used for any preservation, storage, maintenance, or transmission of any data, including, without limitation, your data, through the Website.
  20. Notices. All notices to Company must be in writing by both (1) email at contact@chrisnaugle.com and (2) certified mail to 4624 Goodrich Road, Clarence, New York 14031.
  21. Infringement of Intellectual Property. If you believe that your copyright, trademark, or other intellectual property rights have been infringed on by a posting on the Website or contained within the Content, you should notify Company in accordance with the notice process hereunder and provide the following information:
    1. Statement clearly identifying explaining the details of the suspected intellectual property infringement and where such infringing intellectual property is located;
    2. Statement of good faith regarding the suspected infringement;
    3. Statement under perjury that your notice is accurate and you are authorized to act on behalf of the owner of the intellectual property; and
    4. Name, address, email address, and signature of person authorized to act on behalf of the owner of the intellectual property.
  22. Severability. If any provision of these Terms are held by a court to be invalid, illegal, or unenforceable under any applicable law, such provision will be ineffective only to the extent of such invalidity, illegality, or unenforceability and the remaining provisions will not be affected thereby. The remaining provisions will remain valid and enforceable.
  23. Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or your use of the Website or Content.
  24. Headings. Headings are used for convenience and do not modify, define, expand, or limit any provisions contained herein.
  25. Compliance with Law. You must comply with all applicable laws. You are responsible for knowledge of applicable law. 
  26. Waiver. No failure by Company to insist upon the strict performance of any obligation of these Terms or to exercise any right or remedy thereof shall constitute waiver of any such right or remedy.
  27. Entire Agreement. These Terms contain the entire agreement between you and Company and supersede any prior agreements, understandings, and communications between the you and Company related to the subject matter of these Terms. Except as authorized herein, no amendment or modification to these Terms has any effect or is binding unless signed by both parties. These Terms will be interpreted as negotiated, written, and prepared jointly by both parties and any rules of construction against the drafter are expressly waived.
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