Legal & Policies

Thank you for visiting our website (http://everydaearner.com/), hereinafter referred to as “Website,” “website,” or “Site. If you are visually-impaired, we recommend using text-to-speech software, such as Microsoft’s Narrator or Apple’s VoiceOver, to enjoy our website. If you need help using this website, please email info[at]everydayearner.com.

This page contains the following legal documents and policies for our website:

• Terms and Conditions of Use (including Video and Audio content)

• Anti-Spam Policy

• Material Connections and Compensation Disclosure

• External Links Policy

•  Earnings Disclaimers

• Miscellaneous Provisions

• This page also includes our website’s Digital Millennium Copyright Act (“DMCA”)

Terms and Conditions of Use

If you want to view or use http://everydayearner.com/, you must agree to conform to and be legally bound by the terms and conditions described below. If you disagree with any of these terms or conditions, please do not use this website.

Our Website’s Privacy Policy Is Part Of These Terms And Conditions

Our website’s Privacy Policy is part of, and subject to, these terms and conditions of use. You may view our Privacy Policy elsewhere on our website. To the extent there is a conflict, the terms of the Privacy Policy shall govern.

Video and Audio Content

This website (http://everydayearner.com/) may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.

Recordings Are For Informational Purposes Only

All Recordings are to be watched and/or listened to for informational purposes only. Recordings are not intended to provide specific legal, financial, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.

Embedded Recordings From External Social Media Sites Not Owned By Us

Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the “Third Party Social Media Sites”).

We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. We also make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites.

Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.

Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits.

If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.

Broken Or Obsolete Recordings

We review our website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on our website, or for more information, please send an email to info[at]everydayearner.com.

Licensee Status

You understand and agree that your use of our website is limited and non-exclusive as an individual nontransferable revocable licensee. We may, within our sole discretion, terminate your license to use our website, and access to our website, for any reason or no reason whatsoever, and without giving you notice.

Content Ownership

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. For copyright infringement issues, please follow the instructions in the DMCA Notice found below on this web page.

Disclaimers And Limitations Of Liability

THE INFORMATION ON OUR WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED.

INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.

Indemnification

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms, conditions, and policies.

Compliance With Governing Law And Dispute Resolution

You agree to obey all applicable laws while using our website. You agree that the laws of the United States govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the commercial arbitration rules of the United States. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in the United States. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

Anti-Spam Policy

Unsolicited commercial email (UCE), also known as spam or junk email, is a disservice to the Internet community. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code Section 17529, may be applicable if you are using or sending to a California electronic mail address, and in other limited circumstances. If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us by sending an email to info[at]everydayearner.com and providing us with information relating to your concern.

Material Connections and Compensation Disclosure Policy

You should always conduct your own investigation (perform due diligence) before buying products or services from anyone via the internet. This includes products and services sold on this website and all other websites.

Material Connection

Unless otherwise expressly stated, you should assume that all references to products and services on http://everydayearner.com/ are made because material connections exist between the website’s owner(s) (“Owner”) and the providers of the mentioned products and services (“Provider”).

Good Faith Recommendations

The Owner recommends products and services on http://everydayearner.com/ based in part on a good faith belief that the purchase of such products or services will help purchasers in general. The Owner has this good faith belief because (a) the Owner has tried the product or service mentioned prior to recommending it or (b) the Owner has researched the reputation of the Provider and has made the decision to recommend the Provider’s products or services based on the Provider’s history of providing these or other products or services. The representations made by the Owner about products and services reflect the Owner’s honest opinion based upon the facts known to the Owner at the time a product or service is mentioned on http://everydayearner.com/.

Potential Bias and Due Diligence

The Owner’s opinion about a product or service may be partially formed (consciously or subconsciously) in part based on the fact that the Owner has been compensated or will be compensated because of the Owner’s business relationships with the Providers. Because there may be a material connection between the Owner and Providers of products or services mentioned on http://everydayearner.com/, you should always assume that the Owner may be biased because of the Owner’s relationship with a Provider and/or because the Owner has received or will receive something of value from a Provider. Perform your own due diligence before purchasing a product or service mentioned on http://everydayearner.com/ (or any other website).

Compensation

The Owner may receive a monetary commission when you take action based on the content of http://everydayearner.com/. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on http://everydayearner.com/.

External Links Policy

Our website, http://everydayearner.com/, contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.

No Earnings Projections, Promises Or Representations

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of our recommended products and services, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you'll do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase our recommended products and opportunities, and/or any monies spent setting up, operating, and/or marketing our recommended products & opportunities, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

Miscellaneous Provisions

Severability Of These Terms, Conditions, and Policies

If any part of these terms, conditions, and policies are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

How To Contact Us

Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email to info[at]everydayearner.com and providing us with information relating to your concern.

Entire Agreement

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

Modifications and Termination

The above terms, conditions and policies may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page that changes have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms, conditions, and policies for any reason and at any time without notice to you.

If you are concerned about these terms, conditions, and policies, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an email to info[at]everydayearner.com, and providing us with information relating to your concern.  These terms, conditions, and policies were last updated on September 26, 2013.

Digital Millennium Copyright Act (“DMCA”) Notice

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Adam Harding. All rights reserved.

NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.

DMCA Provisions

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. Section 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet. Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner and/or the ISP.

Notification Of Claimed Copyright Infringement

Please send DMCA notifications of claimed copyright infringement to:

THE WEBSITE OWNER

Paul Thompson

1901 Lake Chapman Drive

Brandon Florida, USA

33510

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).

4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”

5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. For details on the information required for valid notification, see 17 U.S.C. Section 512(c)(3).
   

Counter Notification To Claimed Copyright Infringement

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter-notification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.