ToddFalcone.com and all related Websites

TERMS OF USE AGREEMENT

If you do not agree to the Terms of Use, discontinue using the site immediately!

ToddFalcone.com Web Site (the “Site”) is an online information service provided by ToddFalcone.com (“TF”), subject to your acceptance of the terms and conditions set forth below. Please read this Terms of Use Agreement (“Agreement”) carefully before accessing or using the Site. By accessing or using the Site, you are agreeing, without limitation or qualification, to be bound by, and comply with, the terms and conditions set forth below. TF may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the terms and conditions of the Site periodically to be aware of such modifications. Your continued access or use of the Site shall be deemed your acceptance of the modified Agreement.

1. Earnings Disclaimer.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS SERVICE AND IT’S POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR SERVICE, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

ANY AND ALL EARNINGS STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

2. Conditions and Obligations.

You agree to provide accurate and true information about yourself to the Site. You understand that you must continue to provide current and updated information that is complete and accurate over the course of time. If you provide inaccurate or incomplete information about yourself TF has the right to terminate or suspend your account and may refuse to provide you service in the future without reason.

To create an account with the Site, or to otherwise use the Site, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.

In connection with your account, you will create a Username and a Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. The Username ill be identified as your email address that you initially registered with the Site.

The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted.

You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any service or product offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

3. Intellectual Property Rights.

The entire contents of the Site are protected by copyright, database rights, trade marks and other intellectual property rights. No right to use or license of any of those intellectual property rights is granted except as explicitly set out in this Agreement.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Product names, logos, brands, and other trademarks featured or referred to on the Site or TF’s products are the property of their respective trademark holders. These trademark holders are not affiliated with the Site. They do not sponsor or endorse our materials.

4. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by TF, TF does not operate, control or endorse any information, products or services on the Internet in any way. Except for TF – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with TF. You also understand that TF cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. TF PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND TF SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. TF DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

5. Limitation of Liability

IN NO EVENT WILL TF BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TF OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TF LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to

TF and such information should not be relied upon as all-inclusive or accurate.

TF makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-TF web site, please understand that it is independent from TF, and that TF has no control over the content on that web site. The linked sites are for your convenience only and you access them at your own risk. In addition, a link to a TF web site does not mean that TF endorses or accepts any responsibility for the content, or the use, of such web site.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this Site may constitute trade names, trademarks or service marks of TF or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

6. Privacy and Security.

You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. TF uses a variety of security measures to protect the integrity of its websites, as well as Account and individual information. However, we cannot and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.

7. Entire Agreement.

This Agreement, in addition with the other obligation and rules detailed in writing on the Site, including but not limited to the Privacy Policy, constitute the entire agreement between you and the site. This Agreement cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this section will prevent the Site from modifying the terms of this Agreement.

8. Indemnification.

You agree to indemnify, defend and hold harmless TF, its officers, directors, employees, agents, licensors, suppliers, affiliates, and any third party information providers to TF and/or the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.

9. Third Party Rights.

The provisions of this Agreement are for the benefit of TF and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to TF and/or the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

10. Independent Contractor.

You and TF are independent contractors as to one another. You are not TF’s agent or employee for any purpose and shall not hold yourself out as TF’s agent or employee.

11. Termination; Survival.

This Agreement shall continue in effect for as long as you use the Site, unless specifically terminated earlier by TF. TF reserves the right to terminate your account at any time without reason or cause. All provisions of this Agreement which impose obligations continuing in their nature shall survive termination of the Agreement.

12. Governing Law; Severability; Non-Waiver.

This Agreement shall all be governed and construed in accordance with the laws of the State of Arizona without giving effect to its conflict of law provisions. By registering for an account on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action or proceeding between TF and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction in the State of Arizona.

You agree that any cause of action arising out of or relating to this Agreement or your use of the Site will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.

If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of the Agreement.

TF’s failure to exercise any right or provision of the Agreement shall not constitute a waiver of such right or provision.

Any rights not expressly granted herein are reserved.

13. Refund Policy.

Individual Customers of TF may request a full refund of any product within 30 days of purchase for any reason.

Last updated May 31, 2013.