DISCLAIMER & TERMS // USE OF THIS WEBSITE
The terms “we,” “us,” and “our” refer to Mel Volkman. The term the “Website” refers to www.MelVolkman.com. The terms “user”, “client”, “you,” and “your” refer to site visitors, customers, clients, and any other users of the site. This site is a portfolio of Mel Volkman’s projects, services, and an educational and informational resource (the “Service”). Use of www.MelVolkman.com, including all materials presented herein and all online services provided by Mel Volkman, is subject to the following Terms and Policies. Information provided on this website is subject to change. Mel Volkman makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Mel Volkman disclaims all liability for any inaccuracy, error, or incompleteness in the Content. These Terms apply to all site visitors, customers, and all other users of the site. By using the Website or Service, you agree to these Terms and Policies, without modification, and acknowledge reading them. If you do not accept these Terms and Policies, please do not use this Website.
(1) General Disclaimer – Mel Volkman provides the information on this website as a public service for informational purposes only. Information contained in these pages is not intended to be, and should not be taken as advice. It is not a substitute for working with a business consultant or other professional. You understand that your continued use of this site does not constitute a professional relationship between you and Mel Volkman. However, you may subscribe to certain services through this website, in which case you agree to Mel Volkman’s Terms and/or Contract. All information provided through this Website or on the blog is provided “as-is, where-is” and without any warranties of any kind, including the warranties for a particular purpose. We cannot guarantee the outcome following the recommendations provided, and any statements made regarding the potential outcome are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. By continuing to use this Website you acknowledge to reading the Terms, Policies, and Disclaimer and that we cannot guarantee any particular results, as such outcomes based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this Website are at your own risk.
This Website may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation. Affiliate links may be used in some posts which means we may receive a commission from sales generated. This Website abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. We may be compensated to provide opinion on products, services, websites and other various topics. We always aim to provide honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Please note, I would never endorse a product or service that I do not actually believe in, or use myself.
(2) Comments – Comments are welcome but we reserve the right to delete or edit comments at our discretion, particularly if they are inaccurate, offensive, rude, include profanities, spam, contains hate speech, or any pointed attacks at any individual or group. Criticisms attacking the writer or community will not be tolerated. If you don’t have anything positive to say, keep it to yourself or kindly exit this Website.
(3) Credit & Courtesy – If you find something inspiring on this Website that you’d like to repost, please send an email asking for permission. All content that is ©MelVolkman must be credited and linked to the original post. Please give credit where credit is due. Thank you!
(4) Third Party Information Disclaimer – Certain links on this Website lead to websites controlled by other parties over whom Mel Volkman has no control. Therefore, Mel Volkman makes no representation or warranty concerning the content or accuracy of third party information and expressly disclaims any liability therefore. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mel Volkman. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
(5) Copyright & Trademark – This site and all the information it contains, including, but not limited to, articles, blog posts, designs, drawings, lettering, illustrations, photographs, videos, opinions, text, guides, trademarks, trade names, copyrights, proprietary information service marks and logos, and other intellectual property (“Protected Information”) are the property of Mel Volkman, its contributors, and licensors and is protected from unauthorized use, copying, distribution and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. All rights reserved. You may not use our Protected Information without Mel Volkman’s express written consent. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website or Service Content or intellectual property, in whole or in part, without our prior written consent.
(6) Intellectual Property Rights To Your Materials – For all Materials submitted by you to the Website, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties. We claim no intellectual property rights over the material you supply. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Website or Service. Content you submit to us remains yours to the extent that you have any legal claims therein. You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Website, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
(7) Governing Law; Venue; Mediation – This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be St. Johns County, Florida. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
(8) Indemnification – You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms, or any use by you of the Website or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
(9) Limitation Of Liability – YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MEL VOLKMAN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MEL VOLKMAN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MEL VOLKMAN’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MEL VOLKMAN, AND IF NO PURCHASE HAS BEEN MADE BY YOU MEL VOLKMAN’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
(10) Changed Terms – We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon posting the new Terms on this Website. Any use of the Website or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Website and Service, including these Terms, at any time. We will post the most recent versions to the Website and list the effective dates on the pages of our Terms.
(1) Information We Collect – Your privacy is important to us. Generally, any information collected on this Website will not be sold or shared with third parties. This Website only collects the personal information you voluntarily provide to us, which may include First Name, Last Name, Email Address, Phone Number. The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
(2) Activity – We may record information relating to your use of the Website, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Website and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Website.
(3) Cookies – We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Website. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Website may not work properly or at all. The Website does not respond to Do Not Track signals sent by your browser.
(5) Security – We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Website, you acknowledge that the personal information you voluntarily share with us through this Website could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Website without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
(6) Updating Your Information – You may access and correct your personal information and privacy preferences by contacting us via email.
If you have questions about our Terms or Policies, please email us at Hello@MelVolkman.com.
Updated: July, 2015.