The “Eric Faulkner” website located at eric-faulkner.com is a copyrighted work belonging to eric-faulkner.com. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms require the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Access to the Website
By accessing our website and/or using our products and services in any way, you are agreeing to comply with and be bound by these terms. In addition, when using our website, you agree to abide by any posted guidelines for all of our products and services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the website or our products and services, you should immediately discontinue use of the website. These terms remain in force and effect as long as you are a user of the website and/or a registered user of our products and services. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these terms, including any indemnifications, warranties and limitations of liability. You should periodically review these terms for any updates we have published. company reserves the right, at any time, to change the terms by publishing revised terms on the website. Any use of the website and/or our products and services by you after our publication of any such changes shall constitute your acceptance of these terms, as modified, with regard to any additional use of the website or additional purchase of products and services. You agree that Eric Faulkner is permitted to access and use any information provided to us by you, to provide products and services and, if necessary, to access such information to obtain contact information in order to provide to you notifications relating to the products and services.
Subject To These Terms
Eric Faulkner grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal, noncommercial use.
The rights approved to you in these Terms are subject to the following restrictions and you will not do any of the following: (a) Copy, reproduce, republish, upload, post, transmit, or distribute in any way any materials, in whole or in part, without our written permission, other than as expressly allowed by us. (b) Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the website or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents. (c) Circumvent, disable or interfere with the security of the website or features that prevent, limit or restrict use or copying of the website or any materials. (d) Transmit any software or other materials containing viruses, worms, trojan horses, defects, date bombs, time bombs or other destructive or harmful items. (e) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the website or attempt to derive any source code or underlying ideas or algorithms on the website. (f) Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure. (g) “frame” or “mirror” all or any part of the website. (h) Use the website or any materials for any unlawful purpose. (i) Spam or flood the website or cause the website to be affected by any sort of denial-of-service attack. (j) Resell or make commercial use of the website or materials; or make any derivative use of the website or materials.
Eric Faulkner reserves the right to change, suspend, or cease the Website with or without notice to you. You approved that Eric Faulkner will not be held liable to you or any third-party for any change, interruption, or termination of the Website or any part.
No Support Or Maintenance
You agree that Eric Faulkner will have no obligation to provide you with any support in connection with the Website.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Eric Faulkner or Eric Faulkner’s suppliers. Note that these Terms and access to the Website do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Eric Faulkner and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads
The Website may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Eric Faulkner, and Eric Faulkner is not responsible for any Third-Party Links & Ads. Eric Faulkner provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. Eric Faulkner makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You agree that Eric Faulkner is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
Each Website user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Eric Faulkner will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
You hereby release and forever discharge Eric Faulkner and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies And Web Beacons
Like any other website, Eric Faulkner uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at TBA.
If you are a resident of the European Economic Area, you have the following data protection rights under the European Union’s General Data Protection Regulation, effective May 25, 2018:
If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us at email@example.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or we may refuse to comply with your request in these circumstances.
In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information to another service provider. Again, you can exercise these rights by contacting us at firstname.lastname@example.org
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. If you are an unregistered user, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), you may contact us at email@example.com.
Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. However, if you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests as promptly as possible and wait time for response may vary. Occasionally it may take us longer, if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are an EU resident and you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
Our Advertising Partners
The Website is provided on an "as-is" and "as available" basis, and Eric Faulkner and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Website, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Free Stocks & Promotions
All stocks apps, other promotions, and their industries that you go through are at your own risk. Eric Faulkner is only providing these as a courtesy and is not responsible for the actions of our third parties. Any financial decisions or decisions effecting these links to third parties for free stocks or any other promotion is directed by your own actions are subject to your own doing.
Eric Faulkner and its owners, principals, representatives and agents assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. While the “Eric Faulkner” strives to keep the information on the website and on the featured products and services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website. You are solely responsible for all decisions you make and all actions you take following your review of the website and/or your participation in any of the courses offered by the “Eric Faulkner”. The website and the courses offered by the “Eric Faulkner” provide information that may be helpful in assisting you with making certain decisions or taking certain actions. The “Eric Faulkner” makes no recommendations to anyone regarding the decisions they make or the actions they take, regardless of the extent to which any user of the website or any participant in a course offered by the “Eric Faulkner” uses this website or purchases products or services from the “Eric Faulkner”.
Your use of the website is subject to any additional disclaimers and caveats that may appear throughout the website and with products and services featured by us.
Disclaimer Of Warranties With Respect To Use Of Website And Products And Services
The website and all products and services featured on it are provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Eric Faulkner expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
While Eric Faulkner uses reasonable efforts to include accurate and up to date information on the website, Eric Faulkner does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Eric Faulkner makes no warranties as to the results that may be obtained from the use of the website or the products and services featured thereon, or as to the accuracy, quality, or reliability of any information obtained through the website.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from Eric Faulkner or through the website shall create any warranty not expressly made herein.
Limitations Of Liability And Damages
You agree that Eric Faulkner’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees or agents, for any claim made by you arising out of your use of the website or purchase of products or services offered thereon shall be limited to the amount you paid to Eric Faulkner. Under no circumstances will special, incidental, consequential or punitive damages be awarded, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion may not apply to you. Except as permitted by law, nothing in this paragraph is intended to modify the provisions of California business and professions code §§ 6400, et seq., or other state laws that govern this subject matter, if applicable.
Limitation On Liability
To the maximum extent permitted by law, in no event shall Eric Faulkner or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Website even if Eric Faulkner has been advised of the possibility of such damages. Access to and use of the Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term And Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Eric Faulkner will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Eric Faulkner respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Website who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Eric Faulkner and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability Of Arbitration Agreement
All claims and disputes in connection with the Terms or the use of any product or service provided by Eric Faulkner that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Eric Faulkner, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement And Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Eric Faulkner should be sent to: to be added. After the Notice is received, you and Eric Faulkner may attempt to resolve the claim or dispute informally. If you and Eric Faulkner do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Eric Faulkner made to you prior to the initiation of arbitration, Eric Faulkner will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or Eric Faulkner pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Eric Faulkner, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Eric Faulkner.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Eric Faulkner in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ERIC FAULKNER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Eric Faulkner.
Small Claims Court
Nonetheless the foregoing, either you or Eric Faulkner may bring an individual action in small claims court.
Emergency Equitable Relief
Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Eric Faulkner, or any products utilizing such data, in violation of the United States export laws or regulations.
Eric Faulkner is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at TBA.
The communications between you and Eric Faulkner use electronic means, whether you use the Website or send us emails, or whether Eric Faulkner posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Eric Faulkner in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Eric Faulkner provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Eric Faulkner is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Eric Faulkner’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Eric Faulkner may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Website are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: to be added