This agreement (the “Agreement”) is entered into by and between you (“you”) and StangerCarlson LLC, (“StangerCarlson”) regarding your use of StangerCarlson.com (“The Service”).
By accessing any content on The Service, you are entering into this Agreement with StangerCarlson and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as stated, please do not use The Service.
2. Proper Use
You agree that you will use The Service in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not submit content to The Service that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contain viruses, intended to advertise or sell goods or services, or are otherwise objectionable. You further agree not to submit content designed to elicit responses that relate to illegal activity or that infringe upon another party’s intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute any StangerCarlson content for any public or commercial purpose without the priorwritten permission of StangerCarlson. StangerCarlson does not edit, screen, filter, modify, or otherwise monitor the content of content in advance of initially posting or displaying such content on The Service. StangerCarlson takes no responsibility for third party content, nor does StangerCarlson have any obligation to monitor such third party content. Nonetheless, StangerCarlson reserves the right not to respond to or use content that violate the foregoing conditions and to delete or edit content, in whole or in part, from The Service at any time for any reason. Further StangerCarlson reserves the right to refuse service to anyone at any time without notice for any reason. StangerCarlson will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
3. Not Professional Advice
nformation provided via The Service is not intended to substitute for informed professional financial, tax, legal, investment, accounting, or other professional advice. If you submit content on such a topic, we will assume you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your state or country.
4. Confidentiality; Use of Information
The content you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, financial advisor-client, or tax advisor-client and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. Furthermore, StangerCarlson shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute (“Use”) your questions, comments, and/or the corresponding answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. StangerCarlson will not, however, publicly disclose your content in a manner that directly associates them with you (except where you include personally identifiable information in a question or comment and such question or comment is Used by StangerCarlson as provided).
5. No Warranty
The information provided by StangerCarlson pursuant to The Service may be derived from government and other public reference sources as well as from informal sources such as personal conversations as well as our own points of view. All information provided by StangerCalrson pursuant to The Service (the “Information”) is provided by StangerCarlson to assist in your research or other activities that you deem appropriate. The Information has not been verified, however, and StangerCarlson does not represent that it is accurate, correct, complete, reliable, or otherwise valid. StangerCarlson does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any content. Further StangerCarlson does not endorse or support any opinion expressed in a question, comment, or answer. Additionally, StangerCarlson does not endorse the content of any third party site that with which it links, as those sites are provided for your information and convenience. THE INFORMATION AND SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE CONTENT, IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING SUCH ITEMS. STANGERCARLSON EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you to the extent, but only to the extent, that such states’ laws preclude their application.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL STANGERCARLSON BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT STANGERCARLSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL STANGERCARLSON BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TEN (10) DOLLARS (U.S. CURRENCY) FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY CONTENT REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, STANGERCARLSON EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you to the extent, but only to the extent, that such states’ laws preclude their application.
7. Hold Harmless and Indemnity
You agree to hold harmless and indemnify StangerCarlson, and its directors, advisory board members, employees, agents and representatives, from and against any third party claim, legal or equitable, arising from or in any way related to your use of The Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, StangerCarlson will provide you with written notice of such claim, suit or action.
8. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims, legal and equitable, against StangerCarlson and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of The Service. If you are a California resident, you hereby explicitly waive your rights, whether known or unknown, under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly hereby explicitly waive their rights under applicable and/or analogous laws, statutes, or regulations.
9. No Assignment
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without StangerCarlson’s prior written consent. Any such purported assignment or delegation by you without StangerCarlson’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by StangerCarlson at its sole and absolute discretion.
10. Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such 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 decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, StangerCarlson may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. StangerCarlson’s failure to act with respect to a breach by you or others does not waive StangerCarlson’s right to act with respect to subsequent or similar breaches. The failure of StangerCarlson to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. StangerCarlson reserves the right to change the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of New York, other than those provisions of New York law related to choice of law, as if made in New York by two residents of that state. This Agreement constitutes the entire agreement between StangerCarlson and you with respect to the subject matter hereof.
Effective as of April 15, 2013.