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Applicability

These terms and conditions apply to all persons and/or legal entities that access or link to content on, or who sign up for any subscription service or membership available through the website located at “JoshMoulin.com” (“Website”) which is owned and operated by Joshua S. Moulin (“Owner” or “We”), or who access any of the social media profiles accessible through the Website (collectively “Social Profiles”). By accessing or linking to content located on or in the Website or by accessing social media profiles accessible through the Website, such persons or legal entities (“You,” “Your” or “Users”) agree to all of the provisions contained in this Agreement. If You do not, or cannot agree to any of the provisions in this Agreement, then You may not access or link to this Website.

These Terms & Conditions constitute a legally binding agreement between You and Joshua S. Moulin.

Purpose of Website

The purpose of the Website and associated Social Profiles is to provide educational and professional development related information of general applicability. Nothing contained within the Website or Social Profiles shall be considered to be direct professional advice, including legal advice, of any sort. Unless you choose to retain the professional services of Joshua S. Moulin, your reliance on any educational and professional development information available through this Website shall be at your own risk.  Website accounts are only available for individuals 13 years and older.

Acceptable Use Policy

Under no circumstances may You engage in any of the following conduct. If You engage in any of the following conduct or solicit others to do so, then action may be taken to protect the integrity of this Website, other Users, or people who have become members. Such action may include (but is not limited to) reporting the conduct, as applicable, to government regulatory agencies, reporting the conduct as applicable to Internet Content Providers (including social media providers), and blocking your IP address.

The following is strictly prohibited:

  • Posting, delivering, storing, or receiving any material that is considered illegal contraband under Federal, State, or Local law.
  • Utilizing the Website, or any other associated resources for conducting, encouraging, or perpetuating illegal acts or activity.
  • Accessing the Accounts or other private data of any other User without that User’s prior written consent.
    Gaining unauthorized entry into any service, server or associated resources operated by or otherwise associated with the Company.
  • Using the Website or any service associated with the Website to defraud any person or organization.
  • Uploading or facilitating the spread of any virus, worm or other malware/malicious code.
  • Sending any false, misleading, altered, discriminatory, harassing, or other inappropriate activity.
  • Harassing, bullying, intimidating, or threatening of any person or entity, including other Users.
  • Posting any material or engaging in any conduct that is hateful, threatening, or pornographic.
  • Using the Website in a misleading, malicious, or fraudulent manner.
  • Using the Website to send unwanted commercial solicitations to other users (“Spam”).
  • Using an automated means to send large scale commercial solicitations to more than 20 other Users at a time using any messaging functionality that may be available in the future, regardless of whether the solicitations are wanted.
    Using any automated means to access the Website.
  • Using any automated means, including any bot or spider-crawling, to gather information about other visitors to the Website or any registered Users.
  • Accessing the Website in a manner other than intended when such use unduly burdens, overwhelms, or impairs the network resources through which the Website is provided or hosted.
  • Reverse-engineering any portion of the Website or Website functions, or de-compiling the same with the intent to discern the source code of any portion of the Website.
  • Scraping, scanning, or indexing non-public areas of the Website, or probing or testing the Website for vulnerabilities in any way.
  • Indexing or developing any search functionality for the Website or associated services absent a written agreement allowing this.

Moderation

While most comments on this site are moderated prior to being allowed, some comments are enabled through third-party websites such as Facebook and Twitter and We don’t have the ability to moderate those comments. This is an open forum, but it’s also a family friendly one, so please keep your comments and wall posts clean. In addition to keeping it family friendly, we ask that you follow our posting guidelines here. If you don’t comply, your message will be removed:

We do not allow graphic, obscene, explicit or racial comments or submissions nor do we allow comments that are abusive, hateful or intended to defame anyone or any organization.

We do not allow solicitations or advertisements. This includes promotion or endorsement of any financial, commercial or non-governmental agency. Similarly, we do not allow attempts to defame or defraud any financial, commercial or non-governmental agency.

We do not allow comments that suggest or encourage illegal activity.

You participate at your own risk, taking personal responsibility for your comments, your username and any information provided.

Also, the appearance of external links on this site does not constitute official endorsement on behalf of Joshua S. Moulin.

Disclaimer of Warranties

The Website is provided “as is”. We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Us nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will We, or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to JoshMoulin.com under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Copyright Infringement

As We ask others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by JoshMoulin.com violates your copyright, you are encouraged to notify Us via email at Info@JoshMoulin.com. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Us or others.

Intellectual Property

This Agreement does not transfer from Us to you any of Our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Joshua S. Moulin. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any JoshMoulin.com or third-party trademarks.

Changes

We reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your JoshMoulin.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the JoshMoulin.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Joshua S. Moulin, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; We may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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