These Terms of Service will govern your use of the AskBrianWood.com Web site owned and operated by Alternative Web Ideas, LLC. BY USING ANY OF THE TOOLS OR ACCESSING ANY OF THE INFORMATION AVAILABLE ON THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of AskBrianWood.com and all services provided in connection with AskBrianWood.com. If you do not agree to these Terms of Service, please do not subscribe to or enter AskBrianWood.com. If you do not agree to the changes in the Terms of Service as they may occur, please arrange to terminate your subscription with AskBrianWood.com immediately (i) by notifying AskBrianWood.com of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of AskBrianWood.com. Your continued use of AskBrianWood.com will signify your acceptance of any change in the terms and conditions set forth herein.
From time to time AskBrianWood.com may supplement these Terms of Service with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on AskBrianWood.com to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
AskBrianWood.com employs third-party payment processing systems provided by eBay/PayPal and Clickbank. If you are paying for your subscription using one of these payment processing systems, you will be required to provide your name, e-mail address, and credit card information.
Any information provided by you or gathered by AskBrianWood.com or third parties during any visit to AskBrianWood.com shall be subject to the Privacy Policy. AskBrianWood.com reserves the right to offer you third party services and products.
AskBrianWood.com reserves the right to terminate your AskBrianWood.com subscription if AskBrianWood.com learns that you have provided false or misleading registration information.
AskBrianWood.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access AskBrianWood.com and/or any other service provided to you by AskBrianWood.com or Alternative Web Ideas, LLC. upon any breach by you of the Terms of Service. You may terminate your membership to ASKBRIANWOOD.COM at anytime by sending an email to support @ askbrianwood.com. Your account will remain active until the period for which the most recent payment was made expires as dictated by the payment processor used, Paypal or Clickbank. No prorated refunds will be given unless site’s service is terminated at the sole discretion of ASKBRIANWOOD.COM as discussed in paragraph 5.
AskBrianWood.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to AskBrianWood.com, you will be deemed to have accepted any such changes.
AskBrianWood.com may update, add or remove content from AskBrianWood.com.com with or without notice to you and without liability to you or any third party. If AskBrianWood.com is discontinued for any reason, subscribers may request a refund of a prorated amount of their current unused subscription cost not to exceed one month’s cost of the service at the time the service is terminated.
You alone are responsible for the content of your messages and questions, and the consequences of any such messages and questions posted and uploaded to AskBrianWood.com. AskBrianWood.com reserves the right to terminate your service if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. AskBrianWood.com is to be used by you for your personal use only. Each individual, non-group membership is to be used by a single individual only, and individual membership, including member-only benefits such as downloads and other materials and documents, cannot be shared with anyone, at any time, for any reason. Commercial uses of AskBrianWood.com are strictly prohibited unless prior written consent from AskBrianWood.com has been granted.
You further agree not to use AskBrianWood.com to send or post on message boards or any place on AskBrianWood.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on AskBrianWood.com. AskBrianWood.com reserves the right to delete any such material from the site. AskBrianWood.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of AskBrianWood.com. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use AskBrianWood.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) AskBrianWood.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to AskBrianWood.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on AskBrianWood.com is not protected by Rights rests with you. You acknowledge that AskBrianWood.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any area of AskBrianWood.com, including message boards, questions, and answers, you grant AskBrianWood.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on AskBrianWood.com retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS OR ANY OTHER AREA ON AskBrianWood.com, YOU HEREBY EXPRESSLY PERMIT AskBrianWood.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY AskBrianWood.com, IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify AskBrianWood.com of any unauthorized use of your subscription or password.
YOU EXPRESSLY AGREE THAT USE OF AskBrianWood.com IS AT YOUR SOLE RISK. AskBrianWood.com IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AskBrianWood.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
AskBrianWood.com, MAKES NO WARRANTY THAT AskBrianWood.com SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT AskBrianWood.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AskBrianWood.com, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS OR INFORMATION ON AskBrianWood.com. AskBrianWood.com WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF AskBrianWood.com.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AskBrianWood.com IS AT YOUR OWN DISCRETION AND 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.
YOU UNDERSTAND AND AGREE THAT AskBrianWood.com DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. AskBrianWood.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
AskBrianWood.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN AskBrianWood.com. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AskBrianWood.com, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AskBrianWood.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE AskBrianWood.com’ SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against AskBrianWood.com with respect to such sites.
AskBrianWood.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE AskBrianWood.com OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF AskBrianWood.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of AskBrianWood.com, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of AskBrianWood.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering AskBrianWood.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego, California.
In the event that AskBrianWood.com determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of AskBrianWood.com, AskBrianWood.com reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to AskBrianWood.com at its own discretion; (iii) discontinue your subscriptions(s) with AskBrianWood.com; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which AskBrianWood.com deems to be appropriate.
If your subscription(s) with or ability to access AskBrianWood.com and/or any other service provided to you by AskBrianWood.com, is discontinued by AskBrianWood.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of AskBrianWood.com, then you agree that you shall not attempt to re-register with or access AskBrianWood.com, and/or any other service provided by AskBrianWood.com or Alternative Web Ideas, LLC., through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, AskBrianWood.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), and (v)above without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
AskBrianWood.com may assign its rights and obligations under these Terms of Service and upon such assignment Alternative Web Ideas, LLC, may be relieved of any further obligation hereunder.
You represent to AskBrianWood.com that you have the authority to register with or visit AskBrianWood.com according to these Terms of Service. AskBrianWood.com does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to AskBrianWood.com services.
These Terms of Service and any Additional Terms constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of AskBrianWood.com be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
AskBrianWood.com reserves the right to change fees, surcharges and/or membership fees at any time.
I cannot express to you fully how sincerely I appreciate all your help, your videos and email replies to my cries for clarifications on Dreamweaver. Surely, I could not have done my website without you. Thank you, thank you, thank you!
- S. Anderson,
AskBrianWood.com member