Effective June 11, 2018 - Revised November 2020
PLEASE READ THIS AGREEMENT CAREFULLY! IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION FOR CLAIMS OR DISPUTES, INCLUDING CLASS ACTIONS AND ACTIONS BASED ON FEDERAL OR STATE STATUTES. (See Paragraph 16).
Table of Contents
You refers to you, a User of the Site.
User refers to someone who accesses, browses, crawls, scrapes, or in any way uses or interacts with the Site.
Content means all text, images, information, photos, audio, video, code, services and software and all other forms of data or communication ordered or provided on or through the Site.
Your Content means Content that you post, submit or transmit to, or in connection with the Site and information displayed in your account profile.
Third-Party Content means any Content posted, submitted to or transmitted to or in connection with the Site by any entity other than you or Gann Law.
Site means this Web site or any other Gann internet properties, including but not limited to a mobile web site, or mobile application.
5. Your Content and Third-Party Content.
5A. Generally. Third-party content may appear on the Site or may be accessible via links from the Site.
Gann may at its discretion but does not warrant that it will pre-screen Your Content and Third-party Content before it is accessible publicly. While Gann reserves the right to remove any Content at its discretion, Gann does not control and is not responsible for information or material shared on the Site or for the actions or comments of Users of the Site.
5B. Etiquette. Gann prohibits sharing via the Site any Content that is illegal, false, defamatory, abusive, profane, threatening, offensive, discriminatory, misleading, fraudulent, or infringes others rights or encourages activity that is illegal or infringes the rights of others.
However, you agree that you may be exposed to material via the Site that violates this prohibition, you accept that risk and acknowledge Gann accepts no liability for such violations.
5C. Liabilities. Gann shall not be responsible for and assumes no liability for any infringement; mistakes; misstatements of law; misleading information or misrepresentation; fraud; defamation; slander; libel; omissions; falsehood; obscenity; pornography; profanity; abusive, threatening, offensive or discriminatory language; or illegality in the statements, opinions, representations or any other form of content contained in Your Content or Third-party Content appearing on the Site. You are responsible for Your Content and assume all risks and liabilities associated with Your Content, including any reliance by others on Your Content. You acknowledge that Gann shall not be responsible for and assumes no liability relating to Your Content.
5D. No endorsement. You acknowledge that the information and opinions in Third-party Content are neither endorsed by nor reflect the belief or opinion of Gann.
Gann does not endorse any lawyers or other professionals or service providers or products sharing Content on the Site or referenced in any Content shared on the Site. You may not suggest or imply, on the Site or elsewhere, that Gann endorses Your Content.
5E. Duration. Gann reserves the right in its discretion to remove any Content, including Your Content, and to modify or temporarily or permanently discontinue your use of the Site including but not limited to your ability to post or share Your Content on the Site, prior to the expiration of your license to use the Site. Gann shall not be liable for such modification or discontinuation of use and will not issue any refunds in the event of such termination or suspension.
5F. Notice of Copyright Violations. If you believe any Content infringes your copyright or other intellectual property rights, please provide information concerning the violation, the location and description of the alleged infringing content and your contact information to support@Gannlaw.com or report such information in writing by certified mail to Gann Law, 550 Broad Street, Suite 906, Newark, NJ 07102.
5G. Terms Specific to Your Content.
(ii) Public Disclosures. You acknowledge that Your Content disclosed on the Site will be publicly accessible and Gann cannot ensure or warrant the security of such content and that by sharing Your Content on the Site you do so at your own risk. You agree to use caution to prevent disclosure of any client information, personal information or other confidential or sensitive information.
You further acknowledge that others may copy or republish or otherwise mis-use Your Content and Gann shall not be responsible and assumes no liability for the disclosure of Your Content or the actions of others with regard to Your Content.
(iii) License for Your Content. By using the Site and/or sharing Your Content, you grant Gann and its subsidiaries, affiliates, successors and assignees a non-exclusive, irrevocable, royalty-free, worldwide license to display, copy, publish, distribute, transmit, print, repurpose, create derivative works from, incorporate into other works, or otherwise use Your Content which you share on the Site in any form, media, or technology, now known or later developed.
This license is perpetual and may be transferred, assigned, or sublicensed. You agree that this license extends to other Users of the Site allowing them to access Your Content. You also grant Gann the permission to use your name (or alias if one is chosen) connected to Your Content.
(iv) Prohibited Uses. Your Content may not contain advertisements, solicitations or unsolicited commercial communications. Gann also prohibits you from collecting information from or about other Users of the Site for promotion or any other purposes. You also agree that you will not share or post in Your Content, or otherwise, any material containing any virus or code or other harmful components that may interfere with the operations of the Site or otherwise adversely affect its Users.
6. Interactive E-Book License. This Paragraph 6 applies only if you have purchased a Gann treatise in the form of an interactive electronic book ("Interactive E-Book").
6B. Restrictions. This License permits you to install only one copy of the Interactive E-Book on an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone, for your personal use only and for the limited duration set forth in Subparagraph A of this License. You shall not: (1) download the Interactive E-Book to your personal computer or any device other than an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone; (2) sell, rent, lease, sublicense, assign, timeshare, distribute, or otherwise transfer in any way all or part of the Interactive E-Book or any rights granted hereunder to any other person or entity; (3) copy, reproduce, republish, or duplicate the Interactive E-Book; (4) create derivative works from the Interactive E-Book; or (5) remove any proprietary notices, labels, or marks from the Interactive E-Book.
7. Not Legal Advice. The Content and/or any Interactive E-Book are not intended to and do not constitute legal advice, and no attorney-client relationship is formed between you and Gann. Nothing submitted to the Site is treated as confidential. The accuracy, completeness, adequacy or currency of the Content and/or any Interactive E-Book is not warranted or guaranteed. Your use of the Site, any Content, any materials linked from the Site, and any Interactive E-Book is at your own risk.
8. Errors and Corrections. Gann does not represent or warrant that the Site, the Content, or any Interactive E-Book, or access to any of them, will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected or that they will always be accessible. Gann does not warrant or represent that the Content available on or through the Site, or the information in any Interactive E-book, will be correct, accurate, timely, or otherwise reliable. Gann may make improvements and/or changes to the Site, any Interactive E-Book, and their features, functionality or Content at any time.
9. DISCLAIMER. THE SITE, ALL CONTENT, AND ANY INTERACTIVE E-BOOK ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
GANN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GANN DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
(A) ANY ERRORS IN OR OMISSIONS FROM THE SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
(B) THIRD-PARTY COMMUNICATIONS,
(C) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(D) THE UNAVAILABILITY OF ALL OR ANY PORTION OF THE SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK,
(E) YOUR USE OF THE SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK.
10. LIMITATION OF LIABILITY. GANN SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM
(A) YOUR USE OF THE SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK,
(B) SHARING YOUR CONTENT ON THE SITE; OR
(C) ANY THIRD-PARTY COMMUNICATIONS.
GANN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK, OR (B) ANY THIRD-PARTY COMMUNICATIONS.
TO THE EXTENT EITHER OF THE FOREGOING LIMITATIONS OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GANN'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00, OR THE PURCHASE PRICE OF THE INTERACTIVE E-BOOK IN QUESTION, WHICHEVER IS LOWER.
GANN DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR SIMILAR HARMFUL COMPONENTS. YOU AGREE THAT WHEN SHARING YOUR CONTENT VIA THE SITE YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OF AND PARTICIPATION ON THE SITE.
12. Third-Party Rights. The provisions of paragraphs 9 (Disclaimer), 10(Limitation of Liability), and 11 (Indemnification) are for the benefit of Gann and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to 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.
14. Access Conditioned on Payment. Access to the Site and Content is conditioned on purchase of a Gann product or service. Invoices must be paid within 10 business days. Otherwise, continued access to the Site and Content may be denied.
1. Gann News and Promotions. You will be kept up to date with product and service offerings from Gann such as new books and added materials to our website.
2. Notifications about new cases, legislation, and/or regulations affecting the publications to which you subscribe.
If you no longer wish to receive these materials and notifications, you may "opt out" by (i) taking the specific action described in any such material or notification for opting out or unsubscribing; (ii) sending an e-mail to firstname.lastname@example.org stating that you no longer wish to receive promotional materials and notifications from us; or (iii) calling us at (973) 268-1200 during normal business hours and communicating to us your preference to opt out. Please allow a reasonable time period for your opt-out to take effect. Notwithstanding your decision to opt out, we reserve the right to send you non-promotional notices about any account you may have with us.
WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION UNDER THIS PROVISION SHALL BE DECIDED BY THE ARBITRATOR.
WHEN A CLAIM OR DISPUTE IS REFERRED TO THE AAA IN ACCORDANCE WITH THIS PROVISION, NEITHER YOU NOR GANN WILL HAVE ANY RIGHT TO LITIGATE THAT CLAIM OR DISPUTE IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.
NEITHER YOU NOR GANN SHALL HAVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS IN CONNECTION WITH ANY CLAIM OR DISPUTE SUBJECT TO ARBITRATION HEREUNDER. NO CLAIM OR DISPUTE MAY BE ARBITRATED ON ANYTHING OTHER THAN AN INDIVIDUAL BASIS.
Please forward any questions about these policies or the Site to email@example.com.