Terms of Use

Updated: November 1, 2004

The following terms and conditions ("Terms of Use") govern the relationship between you, Focused Fool Inc., focusedfool.com, jestersinn.com and Ronald Vereggen (collectively, "we" or "us" or "our"). By using this Website, you are agreeing to comply with and be legally bound by the terms and conditions as set out in this agreement.

If this agreement is not acceptable to you, please do not use this Website.

We may update this agreement from time to time and you are responsible for periodically reviewing the most current version on this Website. Your continued use of this Website will be deemed your conclusive acceptance of the updated agreement.

Membership Account, Passwords and Security

Our Website requires you to open a membership account to access some of our services.

By creating a membership account you agree to, (i) complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, (ii) choose a password and user name, (iii) be entirely responsible for maintaining the confidentiality of your password and account, (iv) be entirely responsible for any and all activities that occur under your account, and (v) notify us immediately of any unauthorized use of your account or any other breach of security.

You acknowledge and agree that we will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

We reserve the right to decline your Membership request and may remove your account at any time at our sole discretion.

Website Content

Our Website includes a combination of content that we create and that our members create. All materials published on our sites, including, but not limited to, written content, polls, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our members.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part.

ALTHOUGH THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.

Submitting Content

Our website content submissions include, but are not limited to, reviews, articles, comments, web logs, personal messages, files and form posts.

By submitting content you agree to be solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites ("Your Content").

Your Content can not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

You certify that you own all intellectual property rights in Your Content.

You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

No compensation will be paid with respect to the use of Your Content, as provided herein.

We are under no obligation to publish or post or use any of Your Content that you may provide and we may remove any of Your Content at any time in our sole discretion.

Website Services & Subscriptions

Our Website Services ("Service" or "Services") include, but are not limited to, reviews, quotes, articles, comments, personal messages, web logs, form posts, newsletters, goal tracking, event registration, self-assessments, and polls.

By using any of our Services, you agree to (i) be respectful and courteous to all others at all times, (ii) post, send and receive messages and material that are proper to the particular Service, and (iii) apply the Terms of Use for submitting content as outlined above.

Some of our Services are subscription based ("Subscriptions"). Subscriptions can, (i) be free, (ii) have a regular occurring payment, or (iii) have a one time fee.

We reserve the right to remove or change any Services or Subscriptions at any time at our sole discretion. This includes, but is not limited to (i) charging for Services that were once free, (ii) placing limits on free Services, (iii) loss of data within a particular Service, (iv) disabling your Services when your Subscriptions end, (v) changing or limiting the Services that are available within your Subscriptions, and (vi) changing the price you are charged for Subscriptions.

Using the Services of our Team Members

Our Website includes matching you with third party service providers ("Team Member" or "Team Members"). These Team Members include, but are not limited to, coaches, mentors, trainers, teachers, workshop providers, editors, accountants, website designers, insurance brokers and virtual assistants.

By using any of the services of a Team Member you agree to, (i) pay in advance, a retainer to us that the Team Member can draw upon for services that you specifically request, (ii) allow us to share your personal contact information with the Team Member, and (iii) depending on the Team Member, access to self-assessments completed by you.

You acknowledge and agree that we are not responsible for the actions of these Team Members. We will not be responsible or liable, directly or indirectly for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such service provided by a Team Member.

For our Team Members

We provide a Team Membership subscription service to Third Party Service Providers ("Team Members"). These Team Members include, but are not limited to, coaches, mentors, trainers, teachers, workshop providers, book keepers, accountants, website designers, insurance brokers and virtual assistants.

By requesting a Team Membership you agree to, (i) accept our mission, principles and values, (ii) abide by our Code of Ethics, and (iii) maintain confidentiality of all client information that we share with you.

You acknowledge and agree that we are not responsible for the actions of members requesting or using your services. We will not be responsible or liable, directly or indirectly for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such services provided by you to members.

We reserve the right to decline your Team Membership request and may remove your subscription at any time at our sole discretion.

Links to Third Party Sites

We provide links to other Internet sites or resources on our Website.

You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Warranties

THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.

Limitation of Liability

WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EDITORS, CONTRIBUTORS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEB SITE (OR A WEB SITE LINKED TO THIS WEB SITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF US, OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS', SERVICE PROVIDERS', EDITORS, CONTRIBUTORS OR SUPPLIERS' NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

IN NO EVENT SHALL WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EDITORS, CONTRIBUTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF US OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY). UNDER NO CIRCUMSTANCES SHALL WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EDITORS, CONTRIBUTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Laws

This Website (excluding linked sites) is controlled by Focused Fool Inc. from its offices within the Province of Ontario, Canada. By accessing this Website, you and Focused Fool Inc. agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and Focused Fool Inc. also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use.

Notice of Adaptation

Portions of legalize contained within this Terms of Use were adapted from the following sources:

CEO Refresher - Terms of Use
Microsoft - Information on Terms of Use

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