Everyone should have fun using this site.  However, everyone should obey some basic rules while they’re using it  and not interfere unduly with anyone else’s enjoyment of the site. By using this site you agree to be bound by these terms of use, as amended, as well as the terms and conditions of my privacy policy, which is incorporated by reference herein.

Comments

Scottfactor.com allows you to post comments on the site, provided that you first register to do so with a valid e-mail address.

Registration is up to the discretion of this site and my be closed or denied at any time. By registering to post comments, you warrant that you are at least 18 years old and that you are solely responsible for your account’s activity.

I reserve the right to delete your comments or revoke your registration for any reason whatsoever. Normally this will occur if you post material that is, in my opinion, (a) off-topic; (b) libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate these terms of use or any law, including intellectual property laws; or (c) “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services. I may exercise these rights myself and I may delegate them to employees and/or contractors.

I do not own your comments and I expressly disclaim any and all liability that may result from them. By commenting on my site, you agree that you retain all ownership rights in what you post here and that you will relieve me from any and all liability that may result from those postings. You further agree to grant me a worldwide, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to store, use, transmit, display, publish, reproduce, or otherwise distribute your comments without limitation, as well as to make such additional uses of them as may be needed by me.

Simply put, you are a guest here.   I welcome you, but if you abuse my hospitality, you will be tossed out of the forum.

Trackbacks

I allow third-party websites to send trackbacks to my posts, but I may, in my absolute discretion, disable this option for particular posts or discontinue my general policy of allowing trackbacks at any time.

I reserve the right to delete trackbacks  for any reason whatsoever. Normally this will occur if the post it comes from is, in my opinion, (a) off-topic; (b) libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violate or encourage others to violate these terms of use or any law, including intellectual property laws; (c) “spam,” i.e., attempts to advertise, solicit, or otherwise promote goods and services. I will also usually delete trackbacks from posts that do not reference the post on scottfactor.com that they are tracking back to.

Intellectual Property

Unless otherwise noted, and subject to the provisions below, everything you see and hear on scottfactor.com, except advertisements, is either owned by or licensed to me , subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. I reserve all rights in and to this material that have not been expressly granted to third parties.

Notwithstanding the foregoing, I may occasionally post text, graphics, photos, audio, or video which I neither own nor have a license to use if I believe in good faith that the use of such material constitutes fair use as defined by Section 107 of Title 17 of the United States Code, as amended. If you hold the copyright to any such work and believe that my use fails to qualify for protection under Section 107, you may request that I remove it from our site by e-mailing me at scott- at – scottfactor.com with “COPYRIGHT COMPLAINT” in the subject header.

Scottfactor.com is intended for your own personal use. If you download or print something from my site, you should retain any advertisements, copyright or related proprietary notices which the material contains. You may not reproduce, transmit, license, sell or otherwise exploit for any purpose any content that appears on my site without my prior written consent—except, of course, to the extent you’re entitled to do so under Section 107 of Title 17.

Warranty

YOU AGREE THAT YOUR USE OF THIS WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ME AND MY EMLPOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, IN CONNECTION WITH SCOTTFACTOR.COM AND YOUR USE THEREOF. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF MY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MY WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL MY EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS OR I BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT I SHALL NOT BE LIABLE FOR USER COMMENTS, FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Miscellaneous

These terms of use (including the scottfactor.com privacy policy incorporated by reference herein) represent the entire agreement between you and me and apply exclusively to scottfactor.com. They do not apply to my advertisers, websites to which I link, or any other third party that is not owned or operated by me. For information about a third party’s terms of use, please consult its individual website. By using our site you agree to relieve us from any and all liability that may result from your use of a third-party site.

You also agree to defend, indemnify, and hold harmless me and my employees, independent contractors, affiliates, and agents from and against any claims, actions, demands, expenses, liabilities, costs, debts, and damages (including legal and professional fees) asserted by any third party arising from your use of scottfactor.com, your alleged violation of any law, including laws governing intellectual property or privacy rights, or your violation of these terms of use.

You further agree that scottfactor.com will be deemed as being solely based in Pasco County, Florida, regardless of where you are while using the site, and that it constitutes a “passive website” for purposes of personal jurisdiction statutes enacted by other states. You agree that the laws of the State of Florida will govern these terms of use irrespective of principles regarding conflicts of law, and that any dispute between you and me pertaining to this website will be resolved by a court of competent jurisdiction located in Pasco County, Florida. If any part of these terms of use is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Finally, you agree that any claim or cause of action related to your use of scottfactor.com must be filed within six months after the cause of action accrues, or else it will be permanently barred.

These terms of use may be revised from time to time. Please check this page periodically for updates. Your use of our site on any given date indicates your acceptance to the terms of use as of that date.

/s/

Scott Factor

Last updated: January 27, 2010