The goal of this site is to provide accurate and useful information with regard to the subject matter covered. It is designed to help you focus on goals and actions that are important to address. The site is intended to provide general guidelines that are for informational purposes only and is provided with the understanding that the author of the site is not engaged in rendering legal services or in providing specific legal advice. If legal advice is required, the services of a competent legal professional should be sought.
This site represents various strategies and products that may or may not be appropriate for your specific situation. The author specifically disclaims any responsibility for any liability, loss or risk, personal or otherwise, which is incurred in consequence, directly or indirectly, or in the use and application of the contents of this site.
References on this site to products, service providers, and potential sources of additional information do not mean that I can vouch for such products or services or the information or recommendations in those sources. I am not responsible for any third-party product or service or content over which I do not have control.
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, HOWTOGETFOCUSED.COM IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE WEBSITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
1. Changes to the Agreement. We may modify this Agreement from time to time in our sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
2. Ownership; General Limitations on Use. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the “Content”) available through the Services is our property, the property of our advertisers or our third party licensors or suppliers (such licensors and suppliers are referred to as “Information Providers”) and is protected by copyright and other intellectual property laws.
You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from the Content for use on another web site or service or use the Content for commercial purposes, including without limitation algorithmic trading programs. You agree not to upload, post or submit any Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services we specifically provide for that purpose (e.g., an RSS Feed) or after we give our written consent in advance.
3. Member Content. We may offer users the opportunity to tag, rate, vote, offer predictions and comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as “Member Content” in this Agreement and is subject to various terms and conditions as set forth below.
3.1 Cautions Regarding Other Members and Member Content. You understand and agree that Member Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own decisions and financial decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any Member. We do not routinely screen, edit, or review Member Content. However, we reserve the right to monitor or remove any Member Content from the Services at any time without notice. You should be aware that other Members may not be who they say they are. We take no action to perform a background check on any of our Members’ profiles. We do not guarantee that Members’ profiles are accurate. You should also be aware that other members may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. Member Content may be misleading, deceptive, or in error.
3.2 Grant of Rights and Representations by You. If you upload, post or submit any Member Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Member Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant us and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your Member Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Member Content, or any portion thereof, by Members and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Member Content specifically on the Services and to allow other Members or users to request access to your Member Content, such as for example through an RSS Feed.
3.3 Removal. We may also remove any Member Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
3.4 Rules of Conduct. All Members and users of the Services must comply with the following rules of conduct:
You will not stalk or harass another when using the Services.
You will not interfere with others’ use of the Services, including by interrupting other users’ sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users’ enjoyment of the Services.
You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on the Services.
You will not use the Services for illegal purposes and you will not upload, post or submit any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Scott Scheper, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
You will not upload, post or submit any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, Members’ or users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
You will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services.
You should demonstrate appropriate respect for other Members. If you disagree with an opinion on the Services, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.
You will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange.
You will not upload, post, submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
You will not upload, post or submit improper or off-topic messages.
4. Termination. HOWTOGETFOCUSED.COM may discontinue or change all or any of the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. HOWTOGETFOCUSED.COM may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
5. DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give legal advice. You should always seek the assistance of a competent legal professional for advice. Certain information and data provided in connection with these HOWTOGETFOCUSED.COM and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against HOWTOGETFOCUSED.COM, Scott Scheper, or any Information Provider. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither HOWTOGETFOCUSED.COM, nor Scott Scheper, nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these facts, views, opinions or recommendations.
NEITHER HOWTOGETFOCUSED.COM, NOR Scott Scheper, NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. The Service is intended only to provide accurate and helpful information with regard to the subject matter covered. Your personal situation and financial situation is unique, and any information and advice obtained through HOWTOGETFOCUSED.COM may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from your attorney, accountant or other financial advisers who are fully aware of your individual circumstances.
6. LIMITATIONS ON LIABILITY. NEITHER HOWTOGETFOCUSED.COM, NOR Scott Scheper NOR ANY INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “EXCLUDED PARTIES”) WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. You understand and agree that your use of the Services is at your sole risk.
7. INDEMNITY. You agree to indemnify and hold HOWTOGETFOCUSED.COM, Scott Scheper, and our respective subsidiaries, affiliates, officers, agents, employees, partners and the Information Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you upload, post, submit or otherwise make available through the Services, your use of the Services, and your violation of this Agreement.
8. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Orange County, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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