Terms of Use

SECTION 1: INTENTION OF SITE

Persuasive Thinking Inc. operates this site and intends for it to be an open forum for information and opinions to be exchanged. This Site is intended exclusively for individuals who are eighteen years of age or older. If you are aware of an individual who is accessing, using or posting content on the Site who is under eighteen years of age, please contact Persuasive Thinking.

SECTION 2: RELIANCE ON SITE CONTENT

Neither the information, nor any opinion contained in this Site constitutes a solicitation or offer by Persuasive Thinking or its affiliates to buy or sell any securities, futures, options or other financial instruments. Further, neither the information, nor any opinion contained in this Site is intended to invite, induce or encourage any person to make a financial or investment decision or intended as investment, financial or legal advice or service.

You should not rely on any statements made within the Site (or those of any web site) for financial or legal advice and should always confirm such information with your financial advisor or lawyer, who should be responsible for taking whatever steps are necessary to check all information and personally assuring that the advice he or she provides is based on accurate and complete information and research.

Neither the receipt nor the distribution of materials, including the use of private electronic mail, constitutes the formation of any agency relationship. In particular, an attorney-client relationship can be formed only upon the execution and delivery of an engagement agreement and the satisfaction of the conditions contained therein.

No one shall be entitled to claim detrimental reliance on any views, forms or models provided or expressed on the Site. Any links provided on the Site are provided for your enjoyment only, and no endorsement should be inferred from them.

SECTION 3: THIRD PARTY CONTENT

The Site is an unmoderated forum and contains content posted by third parties. Persuasive Thinking is not responsible for screening third party material posted on the Site and has no liability or responsibility for the performance or nonperformance of such screening. Persuasive Thinking does not guarantee the accuracy, completeness or usefulness of any third party content. Persuasive Thinking is not responsible for any errors or omissions in articles or postings, hyperlinks embedded in messages, any results obtained from the use of third party material, or loss or damage resulting from such material. Any opinions, advice or other information posted on the Site are those of the respective author and not of Persuasive Thinking. Persuasive Thinking does not endorse any opinions expressed by or affiliated with third party content.

If you wish to post content on the Site, you must first complete a registration application and agree to the Registration Terms, Terms of Use and Privacy Policy. By submitting your registration application, you accept, without limitation or qualification, the Terms of Use, Privacy Policy and the Registration Terms. Persuasive Thinking reserves the right to remove any content posted on the Site, restrict access to the Site, or reject, cancel or suspend any registration account for any violation of the Registration Terms. These decisions will be made by Persuasive Thinking in its sole discretion.

SECTION 4: UPDATING THE SITE

Persuasive Thinking may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore review the Terms of Use every time you visit the Site.

No one shall be entitled to claim that there is a duty to update answers or materials provided on the Site or to use care to protect the interests of the recipient. Persuasive Thinking reserves the right, in its sole discretion and without obligation, to improve or correct information on the Site.

SECTION 5: WARRANTY

Your use and browsing of the Site is at your own risk. Persuasive Thinking assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any material from the Site. Persuasive Thinking makes no representations or warranties that the Site will be provided uninterrupted or free from all bugs, errors or omissions.

EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE REGARDING SUITABILITY OF THE INFORMATION, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OF THE CONTENT, SERVICES AND/OR OTHER PRODUCTS.

SECTION 6: REMEDIES

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER PERSUASIVE THINKING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.

Some states or jurisdictions do not allow the exclusions of incidental, consequential or special damages, so the above exclusions may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This Agreement gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.

SECTION 7: INDEMNIFICATION

You agree to indemnify, defend and hold harmless, at your sole expense, Persuasive Thinking, its officers, directors, and employees from any claim or action brought by a third party relating to (a) your use of the Site or (d) your breach of the Terms of Use or Registration Terms.

SECTION 8: INTELLECTUAL PROPERTY

The Site contains material which is derived in whole or in part from material supplied by Persuasive Thinking and other sources, and is protected by United States and international trademark and copyright laws, all rights reserved. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively, the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Persuasive Thinking’s or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited without Persuasive Thinking’s express written consent. If you wish to use individual pieces of data or a minimum amount of content from the site on your own website, please contact us at permission@persuasivethinking.com to obtain the appropriate permission.

As between you and Persuasive Thinking, the latter exclusively owns all rights, titles and interests in and to any of the Materials (and any and all elements thereof) and any and all copies thereof throughout the universe in any and all media now known or hereafter developed. You will not do anything that might impair Persuasive Thinking 's rights, titles or interests in and to such Materials and any and all elements thereof nor will you assert any right, title or interest in or to such Materials (including any copy or element thereof).

Persuasive Thinking does not warrant or make any representations of any kind or nature with respect to the Materials. You are responsible for compliance with local laws, if and to the extent local laws are applicable.

If you find a copyright or trademark infringement on this Site, please contact us at legal@persuasivethinking.com. In your correspondence, please provide the following: (a) identification of the work that is allegedly infringed, (b) identification and location of the allegedly infringing material(s) on the Site, (c) your contact information, (d) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and (e) a statement that the information contained in your correspondence is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SECTION 9: TERMINATION OF AGREEMENT

If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Persuasive Thinking, if in its sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

SECTION 10: GENERAL PROVISIONS

This Site is controlled and operated by Persuasive Thinking, from its offices within the State of Illinois, United States of America. We do not represent that the information on this site is lawful or appropriate for use outside of the United States. Access from certain jurisdictions may be strictly prohibited. Those who access this site outside of the United States are responsible for compliance with their own applicable local laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law. All disputes related to this Agreement shall be heard in a state or federal court in Chicago, Illinois. You agree to the personal jurisdiction and venue of these courts for any action relating to this Agreement.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Software from this Site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or reexported into any country to which the U.S. has embargoed goods.