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Terms and Conditions of Use of aheadoftheherd.com

When using aheadoftheherd.com (Website), you agree to the following Terms and Conditions of Use. Please carefully review the following basic rules that govern your use of the Website - note that your use of aheadoftheherd.com constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.

The Operators of aheadoftheherd.com reserve the right to update or modify these Terms and Conditions at any time without prior notice to the User.

Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.

These Terms and Conditions of Use apply to the use of the aheadoftheherd.com Website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Website. Any rights not expressly granted herein are reserved.

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users.

If you print off, copy or download any part of our site in breach of these Terms and Conditions of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes.

You may use aheadoftheherd.com (Website) for the sole purpose of sharing and exchanging ideas with other Users. You may not reproduce, duplicate, copy or re-sell any part of aheadoftheherd.com.

You may use aheadoftheherd.com only for lawful purposes.

You may not use the Website to violate any applicable local, state, provincial, county, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal, provincial and state securities laws or regulations promulgated by any Canadian (Federal or Provincial) Securities and Exchange Commission’s or the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any Canadian laws, rules, and regulations governing the export and re-export of commodities or technical data.

You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.

You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or international law.

You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership.

The Operators note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various federal and provincial anti-spam statutes. The Operators reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.

User Submissions

The Operators of aheadoftheherd.com (Website) do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication (Contributions) you transmit or post to the Website will be considered non-confidential.

Whenever you make use of a feature that allows you to upload material to aheadoftheherd.com, or to make contact with other users of aheadoftheherd.com, you must comply with our terms of use. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to aheadoftheherd.com will be considered non-confidential and non-proprietary, and the operators of aheadoftheherd.com have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on aheadoftheherd.com if, in our opinion, such material does not comply with our content standards.

Should you find any content on our site which you feel is in contravention of our standards, please inform us by emailing rick@aheadoftheherd.com explaining your concern.

Monitoring User Discussion Forums

The Operators of aheadoftheherd.com (Website) may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums, private message and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the Website at their discretion at any time.

Special Notice

Opinions, advice and all other information expressed by participants in discussions/articles are those of the author. You rely on such information at your own risk. You are urged to seek professional advice for specific, individual situations and not rely solely on advice or opinions given on aheadoftheherd.com.

Privacy Policy:

Information submitted to aheadoftheherd.com (Website) is governed according to the Operators current Privacy Policy.

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you will need to register as a member. If you create an account on the Website, you will be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID.

You grant the Operators and all other persons or entities involved in the operation of aheadoftheherd.com the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website.

We will not release any member information unless under court order to do so.

We reserve the right to modify and amend these terms at any time without notice. It is your responsibility to remain informed of current Aheadoftheherd.com policies.

We do not monitor private messages. But we will investigate all allegations of PM abuse.

We reserve our right to disable any account at any time for any reason and without notice.

Suspension and termination

Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website.

The Operators reserve the right to terminate or suspend your access to and use of aheadoftheherd.com, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.

The operators of aheadoftheherd.com will determine, in our discretion, whether there has been a breach of the Terms and Conditions of Use governing your use (user) of aheadoftheherd.com. Failure to comply constitutes a material breach of the Terms and Conditions of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Indemnification

You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Websites Service.

Aheadoftheherd.com, and its operators, do not control all of the Content posted via the Websites’Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Websites’Services, you may be exposed to Content that might be offensive, indecent or objectionable. Under no circumstances will Aheadoftheherd.com or its operators be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the aheadoftheherd.com website.

The material displayed on aheadoftheherd.com is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our officers, employees, consultants and members hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • - loss of income or revenue;
  • - loss of business;
  • - loss of profits or contracts;
  • - loss of anticipated savings;
  • - loss of data;
  • - loss of goodwill;
  • - wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Nothing in these Terms of Use affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Links to Other Materials

Aheadoftheherd.com may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. The operators of aheadoftheherd.com do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to or by aheadoftheherd.com, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators of aheadoftheherd.com cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Notification Of Possible Copyright Infringement

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us rick@aheadoftheherd.com

Jurisdiction and governing law

Canadian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Canada and the Province of British Columbia.

aheadoftheherd.com

rick@aheadoftheherd.com

 

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