Legals

Terms of Use Agreement

Welcome to the Waking The Bull website. The Thought Factory, LLC is the sole owner of Wakingthebull.com. By using our site or any of our products, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site or our products. The term “company” or “us” or “we” or “our” or "WakingTheBull.com" refers to The Thought Factory, LLC. The term “you” or "subscriber" refers to the user or viewer of our website and products.

Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"), our products, and our material. This Agreement, including the Disclaimer, Code of Conduct and Privacy Statement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Privacy Account Information
Be aware that the identifying information specific to your use of a WakingTheBull.com membership, including your IP address, name, and email address will be delivered when requested by a legal subpoena. If subpoena is for a civil matter, you will be notified immediately by email and/or a message sent to your WakingTheBull.com account so that you may seek to prevent our delivery of this information or quash the subpoena.

User Agreement

Failure to follow the terms of the User Agreement will result in your immediate termination from WakingTheBull.com.

Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notice contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

You agree that upon posting information on the site, you grant and assign WakingTheBull.com a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, and create derivative works such materials in any and all media, in any manner, whole or part, without any duty to account to you.

Opt-In Mailing List

By registering to WakingTheBull.com you agree to be automatically opted in to our Journal newletter and or promotional mailing list. You agree that WakingTheBull.com and the Thought Factory LLC. shall be free to send you, from time to time, additional product or company information, including newsletters, promotions, product advertisements and/or announcements.

Posted Content:

a. You understand and agree that WakingTheBull.com may review and delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of WakingThebull.com violates this Agreement or which may be offensive, illegal or violates the rights, harm or threaten the safety of any Member.

b. You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members.

c. As stated above, you grant WakingTheBull.com the non-exclusive, fully paid, worldwide license to use posted content.

d. You agree that posts do not violate the Terms of Use and Code of Conduct.

Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Limited License; Permitted Use Section above), republish, display, distribute, transmit, sell, rent, lease, loan, repost, self-publish, broadcast or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Forms, Agreements & Documents.
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sub-license, distribute, assign or transfer such license. Documents may be provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentntess, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents are not tailored for the investment or business needs of any specific person and may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. Use of any Documents is at your own risk. Some Documents are public domain forms or available from public records.

Copyright and Service Marks.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. "The Thought Factory, LLC", "WakingTheBull.com"and other marks used on the Site are our service marks or registered service marks or trademarks. Certain other product and company names mentioned on the Site may be trademarks of their respective owners.

Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

We may add, change or delete the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Advertisers and Third Party Content.
The Site may contain advertising and sponsorships. Advertisers, sponsors or other third party content may appear on the Site or may be accessible via links from the Site. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We do not endorse the products or services advertised on the Site and make no representations or warranties about the kind or quality of products or services. We do not verify licenses, accreditation or qualifications of any third party. We are not responsible for and assume no liability for any inaccuracies, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. You are responsible for purchase and use of any third party product or services.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. You acknowledge that The Thought Factory, LLC and WakingTheBull.com has no control over any third party sites. If you decide to leave our Site and access these third-party sites, you do so at your own risk. You should contact the site administrator or webmaster for other websites if you have any concerns regarding such links or content located on such other websites.

Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANT-ABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Third Party Cookies: In the course of serving advertisements to this site, our third-party party advertiser may place or recognize a unique cookie on your browser.

Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site; d. Your address, telephone number, and email address; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to webmaster@wakingthebull.com .

Information and Press Releases.
The Site contains information about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our publications and the Content and Materials provided therein.