The following describes the Terms of Service and Conditions of Use
for soleindulgence.com.au.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR
WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR
WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT
USE THIS WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT
INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR
WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR
WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS,
ADDITIONS, DELETIONS, OR OTHER CHANGES.
THIS WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. SOLE INDULGENCE AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING
(BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. SOLE INDULGENCE AND ITS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND
LINKS.
By using this website, you agree to obey these Terms of Service and
Conditions of Use. Please read them carefully.
soleindulgence.com.au (and other "internal" websites stemming from it, such as
specific membership sites or webpages pertinent to the main website
or weblog) is an online (and, periodically, offline) information
service and is subject to your compliance with the terms and
conditions set forth below (all parts and parties collectively
referred to as this website).
Any other policies, notices, or other legal/administrative pages
contained in this website are necessarily incorporated into these
Terms of Service and Conditions of Use. This may include, without
limitation, a Privacy Policy, Copyright Notice, and Anti-Spam
Policy.
You agree to obey all applicable laws and regulations regarding your
use of soleindulgence.com.au and the content and materials provided in it.
This website is an independent, stand-alone entity that has no
relationship, connection, or affiliation whatsoever with any
company, person, outfit, organization, or group mentioned herein,
even if such name appears in the website name, domain, URL, or
otherwise. You should assume no other party, by mere mention of
their name, has endorsed anything you see here. The aim is simply to
provide useful resources for our readers, some of which we may be
compensated for. You should simply assume at all times we are being
compensated and, while that may not prompt us to make unsound
recommendations, you should always be responsible for your own
financial decisions, be it investing, purchasing, donating, or
otherwise.
1. Copyright, Licenses and Idea/User Submissions
The following describes the Copyright Notice for this website.
The entire contents of this website are protected by intellectual
property law, including international copyright and trademark laws.
The owner of the copyrights and/or trademarks are Sole Indulgence,
and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog
post, software, application, add-on, plugin, art, graphics, images,
photos, video, webinar, recording or other materials viewed or
listened to through or from soleindulgence.com.au or via email or by way of
protected content in a membership site. The posting of data on our
website, such as a blog comment, does not change this fact and does
not give you any right in the data. You surrender any rights to your
content once it becomes part of this website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON THIS WEBSITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all
copyright and other proprietary notices contained in the original
content on any copy you make of the content. You may not sell or
modify the content or reproduce, display, publicly perform,
distribute, or otherwise use the content in any way for any public
or commercial purpose. The use of paid content on any other website
or in a networked computer environment for any purpose is
prohibited. If you violate any of the terms or conditions, your
permission to use the content automatically terminates and you must
immediately destroy any copies you have made of the content.
You are granted a non-exclusive, non-transferable, revocable license
to use this website only for private, personal, non-commercial
reasons. You may print and download portions of material from the
different areas of the website solely for your own non-commercial
use, provided that you agree not to change the content from its
original form. Moreover, you agree not to modify or delete any
copyright or proprietary notices from the materials you print or
download. Also note that any notice on any portion of this website
that forbids printing and downloading trumps all prior statements
and controls.
As a user, you agree to use the products and services offered by our
website in a manner consistent with all applicable local, state and
federal laws and regulations. No material shall be stored or
transmitted which infringes or violates the rights of others, which
is unlawful, obscene, profane, indecent or otherwise objectionable,
threatening, defamatory, or invasive of privacy or publicity rights.
Sole Indulgence prohibits conduct that might constitute a criminal
offence, give rise to civil liability or otherwise violate any law.
Any activity that restricts or inhibits any other user from using
the services of this website is also prohibited. Unless allowed by a
written agreement, you may not post or transmit advertising or
commercial solicitation on this website.
You agree to grant to Sole Indulgence a non-exclusive, royalty-free,
worldwide, irrevocable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of this website (such as bulletin boards, forums, blog,
and newsgroups) or by e-mail to this website by all means and in any
media now known or hereafter developed. You also grant to
Sole Indulgence the right to use your name in connection with the
submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against
Sole Indulgence for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
this website.
Trademarks
Publications, products, content or services referenced herein or on
this website are the exclusive trademarks or servicemarks of
Sole Indulgence or related parties. Other product and company names
mentioned in this website may be the trademarks of their respective
owners.
Links to this website
You may provide links to this website, provided you do not change,
remove, or obscure the copyright notice or other notices on our
website. Your website or other source of links must not engage in
illegal or pornographic activities. Finally, you may link provided
you understand that you must stop linking to this website immediately
upon request by Sole Indulgence.
2. Use of This Website
Children under 18 are not allowed to use this website and access our
services. It is not our intention to offer products or services to
minors.
You agree, acknowledge, and accept that we are not trained
professionals and do not purport to render professional or expert
advice in any arena.
Data contained on or made available through soleindulgence.com.au is not intended
to be, and does not constitute, legal advice. This website, and your
use of it, does not create an attorney-client relationship. We do
not warrant or guarantee the accuracy, adequacy, or recency of the
data contained in or linked to this website.
Data contained on or made available through this website is not
intended to be, and does not constitute, medical or health advice.
This website, and your use of it, does not create a physician-patient
relationship. We do not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to this website.
Data contained on or made available through this website is not
intended to be, and does not constitute, financial/investing advice.
This website, and your use of it, does not create an advisor-client
relationship. We do not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to this website.
Your use of soleindulgence.com.au or materials linked to this website is completely
at your own risk. You should not act or depend on any data on our
website, where applicable, without seeking the counsel of a
competent lawyer licensed to practice in your jurisdiction for your
particular legal issues. You should not act or depend on any data on
this website, where applicable, without seeking the counsel of a
competent physician licensed to practice in your jurisdiction for
your particular medical issues. You should not act or depend on any
data on this website, where applicable, without seeking the counsel
of a competent financial advisor licensed to practice in your
jurisdiction for your particular financial needs and issues.
We may make changes to the features, functionality or content of our
website at any time. We reserve the right in our sole discretion to
edit or delete any data appearing on this website.
Your Duty To Other Users
Your use of this website is for your own personal, non-commercial
benefit. In no way are you to leverage this website in a way that
mines for the personal information of others, whether in blog
comments or otherwise, for your own use or for the benefit of
others. This includes, but is not limited to, spam (unsolicited
commercial email).
If you inadvertently obtain personal information about other users,
you shall not share this with anyone else.
Restricted access
Access to certain areas of soleindulgence.com.au may be restricted. We reserve the
right to restrict access to other areas of this website, or indeed
our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable
you to access restricted areas of this website or other content or
services, you must ensure that that user ID and password is kept
confidential. You may not share your user ID and/or password with
anyone for any reason, either directly or indirectly. You accept
responsibility for all activities that occur under your user ID or
password.
We may disable your user ID and password at our sole discretion or
if you breach any of the policies or terms governing your use of
soleindulgence.com.au or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products or services
clearly identified as being supplied by Sole Indulgence, Sole Indulgence
does not operate, control or endorse any information, products or
services on the Internet in any way. Except for information
identified by Sole Indulgence as such, all information, products and
services offered through this website or on the Internet generally
are offered by third parties that are not affiliated with our
website, and we may be compensated.
Viruses, etc
You also understand that Sole Indulgence cannot and does not guarantee
or warrant that files available for downloading through this website
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 this website for
the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE
AND THE INTERNET. SOLE INDULGENCE PROVIDES THIS WEBSITE 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 PRODUCT OR SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND SOLE INDULGENCE 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. SOLE INDULGENCE DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
SOLE INDULGENCE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content on soleindulgence.com.au may contain inaccuracies or typographical
errors. Sole Indulgence makes no representations about the accuracy,
reliability, completeness, or timeliness of the content or about the
results to be obtained from using this website or the content on it.
Use of this website and the content is at your own risk. Changes are
periodically made to this website, and may be made at any time.
SOLE INDULGENCE DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE
ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR
WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, SOLE INDULGENCE IS NOT RESPONSIBLE FOR
THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL SOLE INDULGENCE, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER 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 SOLE INDULGENCE 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 LOCATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH LOCATIONS, LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE
SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR
BOTH SOLE INDULGENCE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR
RELATED TO THIS WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER
REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites
This website contains links to third party websites. Sole Indulgence
makes no representations whatsoever about any other website which
you may access through soleindulgence.com.au or which may link to this website.
When you access a website from this website, please understand that
it is independent from this website, and that Sole Indulgence has no
control over the content on that website. These links are provided
solely as a convenience to you and not as an endorsement by
Sole Indulgence of the contents on such third-party websites.
Sole Indulgence is not responsible for the content of linked third-party
websites and does not make any representations regarding the content
or accuracy of material on such third party websites. If you decide
to access linked third-party websites, you do so at your own risk.
We do not necessarily endorse, recommend, suggest or otherwise make
any overture or prompt for action regarding any product or service
offered. You should assume we are compensated for any purchases you
make. Any income claims should be construed as atypical results and
you assume the risk that inferior results obtain, including losses,
for which we carry no responsibility or liability.
User Submissions
As a user of soleindulgence.com.au, you are responsible for your own
communications and are responsible for the consequences of their
posting. You must not do the following things: post material that is
copyrighted, unless you are the copyright owner or have the
permission of the copyright owner to post it; post material that
reveals trade secrets, unless you own them or have the permission of
the owner; post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights of
others; post material that is obscene, profane, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
user of this website or any other person or entity; post a
sexually-explicit image; post advertisements or solicitations of
business; post chain letters or pyramid schemes; or impersonate
another person.
Sole Indulgence does not represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted by other users
of this website or endorse any opinions expressed by users of our
website. You acknowledge that any reliance on material posted by
other users of this website will be at your own risk.
Sole Indulgence does not necessarily screen communications in advance
and is not responsible for screening or monitoring material posted
by users of this website. If observed by Sole Indulgence and/or notified
by a user of communications which allegedly do not conform to this
agreement, Sole Indulgence may investigate the allegation and determine
in good faith and its sole discretion whether to remove or request
the removal of the communication. Sole Indulgence has no liability or
responsibility to users of this website for performance or
nonperformance of such activities. Sole Indulgence reserves the right to
expel users of this website and prevent their further access to our
website for violating this agreement or any law or regulation, and
also reserves the right to remove communications which are abusive,
illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose
much personal information about themselves, in a way that seems
innocuous, if not proper and expected. However, more than a few
folks have already lived to regret personal information that was
shared either by them or others. This has long been true of simple
email. It is exponentially true of social websites and applications
for social media on any other website, including this one. You are
cautioned against carelessly disclosing information.
3. Indemnification
You agree to indemnify, defend and hold harmless this website, its owners,
members, officers, directors, employees, agents, licensors,
suppliers, joint venture partners, and any third party information
providers to the website from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any use of this website or violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing this website.
4. Third Party Rights
The provisions of paragraphs 2 (Use of This Website), and 3
(Indemnification) are for the benefit of this website, its owners,
officers, directors, employees, agents, licensors, suppliers, joint
venture partners, and any third party information providers to the
website. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on
its/their own behalf.
5. Term; Termination
We reserve the right to investigate complaints or reported
violations of these Terms of Service and Conditions of Use and to
take any action we deem appropriate, including but not limited to
reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any
data necessary or appropriate to such persons or entities relating
to your profile, email addresses, usage history, IP addresses and
traffic data.
This Agreement, in whole or in part, may be terminated by
Sole Indulgence without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of This Website), 3 (Indemnification), 4 (Third
Party Rights), 6 (Hiring an Investment Advisor, Attorney, or Medical
or Other Professional / No Attorney-Client Relationship or Fiduciary
Capacity), and 7 (Miscellaneous) shall survive any termination of
this Agreement, in whole or in part.
6. Hiring an Investment Advisor, Attorney, or Medical or Other
Professional / No Attorney-Client Relationship or Fiduciary Capacity
Choosing a lawyer, doctor, or investment advisor is a serious matter
and should NOT be based solely on data contained on this website or
in advertisements.
The law is constantly changing and the data may not be complete or
accurate depending on your particular legal issue. Each legal issue
depends on its individual facts and different jurisdictions have
different laws and regulations. This is why you should seriously
consider hiring licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and
psychological factors. Never should a website be used as a source of
diagnosing or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just
one factor to consider before making any investments or financial
decisions. For these, and other, reasons, you should look to the
guidance of a trained professional, not a website.
You may send us email, but in no instance will this communication in
any way be construed as initiating an attorney-client relationship,
or other professional relationship, and so the contact should not
include confidential or sensitive data because your communication
will not be treated as privileged or confidential.
7. Miscellaneous
Governing Law
This Agreement shall be treated as though executed, set in force,
and performed in the State of Queensland. Accordingly, it shall be
governed and construed in accordance with the laws of Queensland in
terms of those applicable to agreements, without regard to conflict
of law principles.
Disputes
Any cause of action by you with respect to soleindulgence.com.au must be
instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the
limitations set forth in these Terms of Service and Conditions of
Use. Any legal claim arising out of or relating to these Terms of
Service and Conditions of Use of this website, excluding intellectual
property right infringement and other claims by us, shall be settled
confidentially through mandatory binding arbitration per applicable
commercial arbitration rules. The arbitration shall be conducted in
Queensland. Each party shall bear one half of the arbitration fees
and costs incurred, and each party shall bear its own lawyer fees.
All claims shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of
any other party.
Modification
Neither the course of conduct between the parties nor industry trade
practice shall act to modify any provision of this Agreement.
Assignability
Sole Indulgence may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall
be interpreted as to its fair meaning and not strictly for or
against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party (i.e.
"contra preferentum") shall not apply in interpreting these Terms of
Service and Conditions of Use, as the Agreement shall be construed
as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be
held invalid or unenforceable, that portion shall be construed as
much as possible consistent with applicable law and severability
shall apply to the remaining portions, so that they remain in full
force and effect.
This Agreement Prevails
To the extent that anything in or associated with this website is in
conflict or inconsistent with these Terms of Service and Conditions
of Use, these Terms of Service and Conditions of Use shall take
precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and
Conditions of Use shall not be deemed a waiver of the provision nor
of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall
survive any termination of this agreement.
Any rights not expressly granted herein are reserved to Sole Indulgence.
CHANGE NOTICE: As with any of our administrative and legal notice
pages, the contents of this page can and will change over time.
Accordingly, this page could read differently as of your very next
visit. These changes are necessitated, and carried out, in order to
protect you and this website. If this page is important to you, you
should check back frequently as no other notice of changed content
will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on
this website, including this one, have been diligently drafted by an
attorney. We have paid to license the use of these legal notices and
administrative pages for your protection and ours. This material may
not be used in any way for any reason and unauthorized use is
policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the
contents of this page, or simply wish to reach us for any other
reason, you may do so by using our contact information on this
website.