The information contained in portions of material on this website is educational and intended for informational purposes only. It does not constitute legal advice, nor does it substitute for legal advice. The opinions expressed in this website are solely the opinions of Terry Penny and are not intended as a legal treatise.
While some of the information provided is about credit issues, it does not constitute the practice of law or accounting and should not be relied upon as such. The law changes rapidly and can differ greatly from jurisdiction to jurisdiction and from day to day. Terry Penny disclaims all liability of any kind arising from the use or misuse of the information contained and referenced herein on this website or when using the products or services mentioned and does not accept responsibility for accuracy or any errors or omissions.
The information provided is of a general nature and may not apply to or be accurate in a particular case. Any one fact in a particular situation may be of great importance to and dramatically affect the legal outcome of any case. Anyone in need of legal advice should seek the help of an independent, trained and licensed attorney in his or her jurisdiction.
The information provided is provided "as is" with no warranties of any kind, express or implied. Additionally, Terry Penny makes no warranty, express or implied, as to the accuracy, reliability or completeness of any content on these pages or at any other product or service to which a link may be provided or a service where you are directed to. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to Terry Penny or its web pages. The publisher of this website has made no attempt whatsoever to guarantee the information contained herein or in any other web pages linked to or from the Terry Penny website.
Terry Penny provides information to many services and products. This website constitutes some of these endeavors. Terry Penny may act as a third party consulting company that derives its profits from the promoting of products and services. In some cases, Terry Penny is not the service provider.
By using these web pages or any information contained herein or within the product you are directed to, you consent to the policies of Terry Penny contained within our disclaimer, including but not limited to our policies on warranties, intellectual property, and in understanding that we are a consulting firm.
Distribution of Collected Information:
Terry Penny will not disclose, without your consent, personal information collected about you, except for certain explicit circumstances where disclosure is required by law.
All of the funding programs posted on this website are for informational purposes only, are not guaranteed, and is not a solicitation for the purchase or sale of any securities, nor a solicitation of investment funds or placement. All of the information does not represent the policies of any bank, financial institution, lender or investor, is not intended as a confirmation of any transaction, and does not consist of any legal, securities related or tax related advice.
This is a legal agreement (“Agreement”) between you and Terry Penny (“CA”, “we”, “us”, “our Company”), a Michigan Limited Liability Company located at 4007 Carpenter Rd., Ste. 259, Ypsilanti, Michigan. By accessing this website, and using any of the Services (as defined below) accessible though this website, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Website or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS WEBSITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.
COPYRIGHT AND RESTRICTIONS:
This Web site contains our proprietary material (or material that other suppliers have licensed to us for their use) which is protected by copyright and other laws respecting proprietary rights. We retain all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use these materials except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited. End users who are duly authorized may access our site for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from us. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law. You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause us and/or our suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by us, and/or any of our suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement. You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of our Company; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by us. If you breach any provision of this Agreement, we may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies.
LIMITATIONS ON USE:
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. We can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check our links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by us, or attempt or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
ACCURACY AND AVAILABILITY OF INFORMATION:
The Site contains database information and other content compiled by us. While we use commercially reasonable efforts to provide accurate information, we give no warranty as to the accuracy of the database and other content on the Site. We reserve the right to withdraw or delete information or content from the Site at any time.
LINKS TO THIRD PARTY SITES:
We do not endorse the content on any third-party Web site, including Websites of our affiliates (“Third-Party Sites”). We are not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that we are not your agent nor a party to any transaction at a Third-Party Site.
APPLICABLE LAW AND DISPUTES:
This Agreement is governed by the laws of the State of Michigan, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate our and/or our affiliates’ intellectual property rights, we and/or our affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Ann Arbor, Michigan. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Ann Arbor, Michigan, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
REPRESENTATIONS AND WARRANTIES:
You represent and warrant to us that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
DISCLAIMER OF WARRANTIES:
ALL CONTENT, SOFTWARE, AND OTHER PRODUCT AND SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY US AND OUR AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR PRODUCTS AND SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
LIMITATION OF DAMAGES:
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY:
ALSO, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY US FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE PRODUCT AND SERVICES AVAILABLE AT THE SITE DURING THE MONTH PRIOR TO YOUR CLAIM.
CONSENT TO ELECTRONIC NOTICES AND OTHER COMMUNICATIONS:
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided by you.
You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of our Company.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of our Company in a non-electronic record, and any assignment without our consent will be voidable at our option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
If you fail or refuse to pay fees due to us when they are due, your account may be turned over for collection and possible litigation, and you hereby agree to pay all reasonable attorneys fees, court costs, filing fees, and collection costs which may be assessed by us, our attorneys, or any collection agency retained to pursue the matter, along with interest at the highest rate allowed by law.
We may change the provisions of this Agreement. When we change the terms of this Agreement, we will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first used the Site. If you do not agree to be bound by the changes, you should not use the Site again. Even if you have not clicked on the “I Agree” button or checked the I agree box when purchasing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER:
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by us except in a signed, non-electronic writing signed by an authorized representative of our Company.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or our affiliates as a result of this Agreement or your use of the Site.
PRINT A COPY FOR YOUR OWN RECORDS:
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
QUESTIONS OR CONCERNS: