Terms of Service

Financial Media and Marketing, LLC (www.financialmedia.marketing) TERMS OF USE

 

Last Updated January 2018

 

• Public Sector Retirement (www.psretirement.com) is a tradename of Financial Media and Marketing, LLC (www.financialmedia.marketing)

 

• By accessing or using psretirement.comyou acknowledge that this Site and Financial Media and Marketing, LLC, including any related Internet properties (collectively “FMM”) are not affiliated with the U.S. Federal Government or any government agency.

 

• By accessing or using any of the Financial Media and Marketing, LLC Internet properties including, without limitation, psretirement.com, mobile websites, microsites, mobile applications, FMM profiles on social media sites and any other digital services or properties operated or used by FMM from time to time (collectively referred to as “us”, “we”, “our,” “Site” or “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”) and FMM’s Code of Conduct. Please read these Terms of Use carefully as well as FMM’s Privacy Policy. If you do not agree to the Terms of Use, Code of Conduct and the Privacy Policy, you must immediately terminate use of the Sites.

 

• License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Sites and FMM Content (as defined below) for your non-commercial personal use and no other purpose. FMM reserves the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason. FMM reserves any rights not explicitly granted in these Terms of Use.

 

• License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive FMM‘s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any FMM Content (as defined below), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including FMM Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routines, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Sites.

 

• Your Acceptance; Revisions to Terms of Use. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and FMM regarding your use and access to the Sites. By using the Sites, you agree to the Terms of Use.

 

• FMM reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the Terms and conditions contained within the Terms of Use posted at the time of your use. You are responsible for regularly reviewing the Terms of Use posted on the Sites. No revision to these Terms of Use, including to the Arbitration provision outlined in Section 22, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.

 

• FMM generates leads for financial professionals and you further acknowledge that any information you submit to FMM can be used in that purpose.

 

• FMM Policies; Additional Terms and Conditions. FMM’s Privacy Policy and Code of Conduct, as well as other additional terms and conditions applicable to certain portions of the Sites (collectively “Additional Terms and Conditions”), are incorporated herein by reference. For instance, the Terms of Use for Sites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

 

• Click-Through Agreements. Before using certain areas of the Sites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

 

• Personal Login Information. Certain features and areas of the Sites are available only with registration, login, such as FMM Member account number, and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. FMM is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact FMM immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

 

• Accounts: When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
  1. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  2. You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a user name any name that is offensive, vulgar or obscene.
  3. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

• By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving FMM, and our affiliates, agents and third party contractors the right to publish, or display such Content on FMM (in the form submitted or in any form of a derivative or adapted work), to store and distribute such Content and to use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

 

• You shall be solely responsible for your submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary rights, consents, licenses and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (iii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (iv) publish misrepresentations or falsehoods that could damage us or any third party; (v) submit Content or material that is unlawful, obscene, libelous, defamatory, pornographic, threatening, hateful, harassing, racially or ethnically offensive, or encourages any form of conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (vi) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to FMM that we may authorize such content to be distributed or syndicated to or published on other FMM branded environments.

 

• Privacy Policy. For information about FMM ‘s data protection practices and FMM ‘s use and protection of your personal information, please read FMM‘s Privacy Policy, which is incorporated into and made a part of these Terms of Use.

 

• User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations concerning your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with ‘s operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a FMM Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. Additionally, you agree to abide by FMM Code of Conduct.

 

• Also, you also agree that you will not use our Services to:
  • upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

 

• Proprietary Rights. The content of the Sites includes, without limitation, (i) FMM‘s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively ”FMM Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as ”FMM Content”). FMM Content is the property of FMM, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any FMM Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact FMM. Any use of FMM Marks without FMM ‘s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in FMM Content, including any such notices appearing on any FMM Content you are permitted to download, transmit, display, print, or reproduce from the Sites.

 

• Responsibility for Use of the Internet and Web sites and Exclusion of Liability. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication networks. FMM shall not be obligated to correct or update the Sites or FMM Content and shall not be liable for omissions, typographical errors, or out-of-date information, which may appear on the Sites.

 

• No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Sites and FMM Content are for informational purposes only and is not legal advice or a substitute for legal counsel.

 

• No Investment Advice offered. The owner of FMM also owns the Registered Investment Advisor, BWM Advisory, LLC (BWM).  This mutual ownership in no way creates an advisory relationship between the visitor of FMM and BWM and/or any BWM affiliated professionals.  You expressly warrant that you shall never use any FMM material or content as investment advice and you agree that you MUST review any investment decision with your chosen investment professional before implementing them.  You further agree that you and your chosen financial professional are solely responsible for the financial, healthcare, retirement benefit, and similar, decisions you make.

 

• The information contained in the Sites and FMM Content may or may not reflect the most current legal, benefit, financial information, and developments; accordingly, information on the Sites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal and financial advice must be tailored to the specific circumstances of each case, nothing provided on the Sites or FMM Content should be used as a substitute for the advice of competent counsel. The materials on the Sites and FMM Content do not constitute legal or investment advice and do not necessarily reflect the opinions of FMM.

 

• Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of FMM or its affiliates. FMM makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

 

• Copyright Policy
  1. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
  2. If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement.” You must include with your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
  3. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
  4. You acknowledge that if your work is Copyright protected with Attribution that FMM may provide attribution information on a single page or on the work itself. Please review Attributes and usage information within the Attributions and/or About FMM pages.

 

• DMCA Notice and Procedure for Copyright Infringement Claims
  1. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  3. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

1. your address, telephone number, and email address;
2. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3. a signed and notarized statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

1. A physical copy of all information pertaining to Copyright claims should also be sent to

 

2. Financial Media and Marketing, LLC
3. Attn: Betty Boettcher
4. 10869 N. Scottsdale Rd. Suite 103-272
5. Scottsdale, AZ 85254

 

• The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. FMM shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, FMM shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

 

• Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which FMM exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Sites, you do so entirely at your own risk.

 

• Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or FMM Content may not use FMM trademark or logo and shall not suggest that FMM promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. FMM reserves the right to require any linking party to disable or remove any link that violates FMM‘s policies, rights or causes interruption or deterioration of FMM Content.

 

• Sharing of Content. You may download, copy or embed FMM Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any FMM Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in FMM Content. FMM reserves the right to require any party sharing FMM content to disable or remove the content should its use violate FMM‘s policies, rights or causes interruption or deterioration of FMM Content.

 

• Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER FMM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “ABA PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR FMM CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) FMM CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

• Exclusion of and Limitation of Liability. FMM PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY FMM CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR FMM CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND FMM ‘S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, FMM CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED, THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR FMM CONTENT.
• IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR FMM CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE(S), EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

 

• Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND FMM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

• To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless FMM Parties from and against all claims arising from or in any way related to your use of the Sites and/or FMM Content, a violation by you of these Terms of Use or Code of Conduct, or any other actions connected with your use of the Sites and/or FMM Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. FMM will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to FMM Parties other than under this Section.

 

• Term and Termination. These Terms of Use will take effect at the time you begin using the Sites. FMM reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or any portion thereof and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use FMM Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any FMM Content, in your possession.

 

• Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Phoenix, Arizona. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Arizona and/or the United States District Court – Phoenix shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts, and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. FMM reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

 

• Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court in Phoenix Arizona located in Maricopa County, Arizona.

 

• Governing Law. These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Arizona, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

 

• Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

 

• Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to the Sites and its use by you and supersedes any previous written or oral communication regarding use of the Sites. The Sites are intended to be consistent with and in furtherance of FMM ‘s policies adopted by FMM Board of Directors.

 

• Contact Information. If you have any questions or concerns regarding these Terms of Use or the Sites, please visit our Contact Us page.

 

• Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

 

• Use of Websites and Content outside of the United States. FMM makes no claims regarding access or use of the Sites or FMM Content outside of the United States. If you use or access the Sites or FMM Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

 

• FMM provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. FMM is not responsible for content or links posted by others.

 

• User Generated Content. We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content”). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant FMM a nonexclusive license to display, reproduce, transmit, modify such User Content and that FMM may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact FMM’s Copyright Agent as identified in these Terms of Use. FMM does not approve, endorse, or adopt any User Content, and FMM assumes no liability for any User Content submitted by you or others. You agree to indemnify FMM against all claims and liabilities resulting from User Content. Users who do not wish to have the information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of FMM. All user content is read at your own risk, and FMM recommends that you not rely on the information or advice in any of these postings.

 

• Changes
  1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we attempt to provide at least 30 days-notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion, and any notice shall be made on www.FinancialMedia.Marketing.
  2. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
  3. FMM retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. FMM also retains the right to ban or block a user from posting on FMM social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

 

• You acknowledge, consent and agree that FMM may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of FMM to: (a) comply with legal process; (b) enforce the Term of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.

 

• Other Terms of Use/Services. On sites not operated by FMM, you are also subject to the Terms of Service (TOS) of that host site. Information (comments, photos, videos, etc.) you share with or post to FMM social media profiles are also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website’s TOS.

 

• This Terms of Use is subject to amendment or modification at any time.