Terms of Use

The following Terms of Use ("Terms") govern your use of the www.improveyouraim.com Web site and blog controlled by Alison James and/or its subsidiaries and affiliated entities ("AJ") (collectively, the "Web Site").  Please read this document carefully because by accessing or using the Web Site you agree to be bound by these terms and conditions.  If you do not agree to these Terms, please do not use the Web Site. 

User Conduct
 

By accessing and using the Web Site, you agree: (i) that you will comply with all applicable local, state, national, and international laws and regulations that govern your use of the Web Site; (ii) not to disrupt or interfere with the security or accessibility of the Web Site or any services offered in connection with the Web Site; (iii) not to transmit any obscene or otherwise offensive content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Web Site; (iv) to provide truthful and accurate information about your identity if you choose to register on the Web Site; and (v) not to attempt to gain unauthorized access to the Web Site.

Ownership of Intellectual Property

All content published on the Web Site (the "Contents") is protected by applicable intellectual property laws and is owned or licensed by AJ.  AJ grants you a limited right to access and use the Web Site.  You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of the content or software contained on, or comprising, the Web Site without seeking prior written permission from AJ.  You are also restricted from using any automated device or manual process to copy, monitor, index or data mine the Web Site.  AJ, its respective logos, trade dress, and the graphics and layout of the Web Site are the registered and/or unregistered service marks, trademarks, and/or trade dress of AJ and may not be copied, imitated or used, in whole or in part, without AJ’s prior written permission.  All other trademarks, product names, and company names or logos mentioned on the Web Site are the property of their respective owners.

Blog/User-Generated Comments

The Improve Your Aim Blog ("Blog"), located at http://www.improveyouraim.com, provides information for the use of Internet users.  AJ does not guarantee the truthfulness, accuracy, or validity of any comments posted to the Blog.  If you choose, you may post a comment to the Blog.  You may not submit any comments containing content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others.  AJ reserves the right to delete or edit any comments that it considers inappropriate or unacceptable, in its sole discretion.  By submitting a comment to the Blog, you expressly grant AJ a worldwide, non-exclusive, royalty-free, irrevocable license to publish, modify, reproduce, display, distribute, and use such content for any purpose whatsoever without further notice or consent and you waive any moral rights you may have in any such content.  By submitting a comment for publication on the Blog, you warrant that you have all rights in and to the content you submit or that you have express authorization from the copyright owner to do so.  AJ may use e-mail validation to reduce "comment spam."  

DISCLAIMER - AJ does not guarantee, in part or in whole, the accuracy of any information or opinions provided by the Blog and reserves the right, in its sole discretion, to modify or remove any content from the Blog at any time and for any reason.  The information provided by the Blog is for general information purposes only and should not be considered psychological, therapeutic, medical, financial, investment, professional or legal advice.  Before making any decisions, AJ recommends that you seek the advice of a qualified and licensed professional in any or all of these areas.

Privacy Policy

If you choose to provide AJ with personal information about yourself, AJ will handle your information according to the terms of its Privacy Policy.

Linking

You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Web Sites on the condition that the link does not portray AJ in a false, misleading, derogatory or otherwise defamatory manner.

Indemnification / Disclaimer of Warranties and Liability

The Web Site may contain links to Web sites owned or operated by non-affiliated third parties. Please be aware that AJ is not responsible for the content provided by or privacy practices of third party Web sites.  AJ encourages users to be aware when they leave our Web Sites and to read the Terms of Use of the other Web sites you visit.

You agree to indemnify and hold AJ, its subsidiaries, affiliated companies, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Site, your access or use of the Web Site, your violation of these Terms, or your violation of any rights of a third party.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. AJ DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AJ PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEB SITE OR THE CONTENT PROVIDED THEREON.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AJ BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEB SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, AJ’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

DMCA Policy – Copyright Claims 

AJ respects the intellectual property rights of others. If you believe that the Web Site contains material that infringes on a copyright you own, you may file a Notification of Claimed Infringement ("Notification") with our designated DMCA agent as specified below:

Alison James
The Gioconda Law Group
1 Penn Plaza, 36th Floor
New York, NY 10119

To be effective under the DMCA, the Notification must be a written communication sent to AJ’s designated agent and must include the following information:

* A physical or electronic signature of a person authorized to act on behalf of the copyright owner; 

* Identification of the copyrighted work claimed to be infringed;

*  Identification of the material that is claimed to be infringing in sufficient detail for AJ to be able to identify the claimed infringing material;

Contact information for the complaining party, such as an address, telephone number, and email address;

A statement that the complaining party has a good faith belief that use of the material in the manner identified is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt of a Notification from a copyright owner that contains the required information described above, AJ will remove or disable access to the material contained on its Web Site that is alleged to be infringing.

Applicable Law

These Terms shall be governed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.  By accessing or using the Web Site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York for resolution of any disputes arising out of or relating to these Terms or your use of the Web Site.

Termination 

AJ reserves the right, in its sole discretion, to terminate or block your access to the Web Site at any time and without notice, for any reason.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

Waiver & Severability 

Any failure by AJ to exercise or enforce any right under these Terms shall not constitute a waiver of such right.  If any portion of these Terms is held to be unenforceable, that portion shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions contained herein.

Changes to this Policy

AJ reserves the right, at any time and without notice, to update or modify these Terms, the Web Site, or the services offered by AJ in connection with the Web Site by posting such change, update or modification on the Web Site.  Any such update or modification will be effective immediately upon posting. Your continued access or use of the Web Site and/or any services provided in connection with the Web Site will confirm your acceptance of any modifications to these Terms.

Contact: Alison James

If you have any questions about these Terms, please contact us by e-mail at alison@improveyouraim.com

Terms of Use last updated:  June 2, 2010