Terms of Use

TERMS OF USE

IMPORTANT – READ CAREFULLY BEFORE USING THIS WEBSITE.  BY USING THIS WEBSITE, YOU AGREE WITH THESE TERMS OF USE.

This website is owned by Envision Strategic Group, LLC, a California limited liability company (the “Company” and “We”).  Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version on this website.  We may, in our sole discretion, modify or revise these Terms of Use and policies at any time.  By accessing and using this site, you agree to these Terms of Use.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. For an explanation of our practices and policies relating to the collection, use, and storage of our user’s information, please read our Privacy Policy.

Users of this website include users who are also contributors of content, information, and other materials or services on the website.  Certain products, services, or content available on this website may be governed by additional terms, which are posted in connection with those products, services, and content.  You must agree to these additional terms before using those areas.  In the event of any inconsistency between these terms and the additional terms, the additional terms shall govern.

PERMITTED USE OF CONTENT ON THIS WEBSITE

The Company grants you a non-exclusive, non-transferable license to access and use the website as set forth in these Terms of Use.  All materials on this site, including, but not limited to posts, written work, listings, and images (collectively, the “Content”) are protected by copyright and owned or controlled by the Company or the party credited as the provider of the Content (User Submissions).  You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through this website.

You agree not to distribute in any medium any part of the website, including, but not limited to User Submissions (as defined below), without the Company’s prior written authorization.  You agree not to reproduce, perform, create derivative works, republish, upload, post, transmit, or distribute in any way whatsoever the Content from the website without the prior written consent of the Company.  You may, however, download or make a copy of the Content, and other down loadable items displayed on the site, for personal, non-commercial use only, provided all copyright and other notices contained in the Content are left intact.

You understand that when using the website, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its affiliates, members and managers, harmless to the fullest extent allowed by law regarding all matters related to your use of this website.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your permitted use of the website, you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the website in any manner that interferes with any other party’s use and enjoyment of the website.  You may not attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to the website, through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by the Company.

USER SUBMISSIONS AND CONDUCT

The Comments Section of the website is accessible to all Users of this website.  The Comments Section is a vital part of the community of this website.  You shall be solely responsible for your own User Submissions and Content and the consequences of posting or publishing them.  In connection with User Submissions, you affirm, represent, and/or warrant that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein.

The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company disclaims any and all liability in connection with User Submissions.  The Company does not permit copyright infringing activities and infringement of intellectual property rights on its website, and the Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights.  The Company reserves the right to remove Content and User Submissions without prior notice.

With regard to User Submissions, you must abide by the following guidelines:

Do not post threatening, harassing, defamatory, or libelous material

  • Do not intentionally make false or misleading statements
  • Do not offer to sell or buy any product or service.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • Do not post attacks of a personal nature or which refer abusively to other companies, commentors or competitors.

By submitting a Comment, you are consenting to its display on the website.  You are also consenting to its use for promotional purposes.

LINKS TO THIRD PARTY SITES

This website may contain links to third party websites (“Linked Sites”).  The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including, but not limited to, any link contained in a Linked Site.  The Company is providing these links to you as a convenience, and the inclusion of the link does not imply endorsement by the Company of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy statements and terms and conditions regarding the Linked Sites.

Any dealings with third parties (including advertisers) included with this website, or participation in any promotions, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or third party.  The Company shall not be responsible or liable for any part of any such dealings or promotions.

LIABILITY DISCLAIMER

THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND IS PROVIDED WITH THE UNDERSTANDING THAT COMPANY IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU.  CHANGES ARE PERIODICALLY MADE TO THE INFORMATION THEREIN.  THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT NOTICE.  THE USER ASSUMES ALL RISK OF USE.

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE.  ALL SUCH INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.  YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.  YOU SPECIFIALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND /OR INCLUDED IN THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE.

COPYRIGHT POLICY

The Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.  It is the Company’s policy to respond to clear notices of alleged copyright infringement.  If you think the Company has published an image or text that infringes your copyright, please contact us with a notice that complies with the terms of the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3).  The notice must provide the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
  • Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit such notice to the Company at 1224 Ocean Drive, Hermosa Beach, CA  90254. The Company will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement.  U.S. law provides significant penalties for submitting such a statement falsely.  Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of use.

ASSIGNMENT

These Terms of Use, and any rights and licensees granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

GENERAL

You agree that the Terms of Use shall be governed by the substantive laws of the State of California, without respect to conflict of laws principles.  Any claim or dispute between you and the Company that arises in whole or in part from your use of the website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.  These Terms of Use, and any other notices published on the website by the Company, shall constitute the entire agreement between you and the Company concerning the website.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  The Company reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.  Your use of the website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

PRIVACY POLICY

The Company is committed to helping to protect your privacy.  This privacy statement explains data collection and use practices of this website (the “Site”).

The Company collects personally-identifiable information on certain areas of the Site when users register, request publications or other information, sign up for conferences and events, and participate in user posting areas, such as bulletin boards, discussion forums, and surveys.  The personally-identifiable information collected may consist of information that you provide, such as names, mailing addresses, email addresses, telephone and fax numbers.  In addition, the Company may collect information about your computer hardware and software.  This information may include your computer’s IP address and access times.  This information is used by us for the operation of the Site, to maintain quality of the service, and to provide general statistics regarding use of the Site.

The Company will use the personal information described above to operate the Site and to deliver the services you have requested or authorized.  The Company may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or this Site; (b) protect and defend the rights or property of the Company, including its website and services; or (c) act under emergency circumstances to protect the personal safety of users of the Company’s website, or the public.

Except as otherwise described in this statement, any personal information you provide to the Company will not be shared outside the Company without your permission.  The Company is committed to helping protect the security of your personal information.  The Company will use a variety of generally accepted standards of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. Despite these precautions, the Company cannot guarantee that unauthorized persons will not obtain access to your personally-identifiable information.

CONSENT; CHANGES TO PRIVACY POLICY

By using this Site, you consent to the collection, use, and storage of your information by us in the manner described in this Privacy Policy and elsewhere on the Site.  We reserve the right to make changes to this Privacy Policy from time to time.  We will alert you to any such changes by updating this Privacy Policy.  This Privacy Policy was last updated on January 1, 2011.