THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CHECKING THE CORRECT BOX AT THE END OF THESE TERMS OF SERVICE ( “TOS”) ,YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This Agreement governs your use of the Aziendainamerica.com website, including, without limitation, the downloading of PDF and audio files, the viewing of videos and any and all services offered by Twin Invest LLC on or through the Aziendainamerica.com website.
1. ACCEPTANCE OF TERMS
By using the information, tools, features and functionality located on Aziendainamerica.com you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the Aziendainamerica.com website) or you are a “Member” (meaning you have registered with Aziendainamerica). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Terms of Service (“TOS”) and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Aziendainamerica.com is a property of Twin Invest, LLC (“Publisher”) which provides website and software services to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice. You can review the most current version of the TOS any time at: https://aziendainamerica.com/terms-of-service. In addition, when using any particular Publisher-owned or -operated services, you and Publisher shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Publisher may also offer other services that are governed by different terms of service.
All content included on Aziendainamerica.com, such as text, video presentations, audio recordings, digital downloads, as well as the compilation of that content into one, coherent website, is the property of the Publisher. The content of the lesson is a product of Roberto Mazzoni (“Author”) and is protected by United States and international copyright laws. Reproduction of the content of Aziendainamerica.com without the written permission of the Publisher and Roberto Mazzoni is prohibited.
3: LICENSE TO ACCESS AZIENDAINAMERICA.COM AND SERVICES
In consideration for accessing Aziendainamerica.com, the Publisher grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of the Publisher. This license does not allow resale of the Publishers’s services and content without the Publishers’s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aziendainamerica.com without express written consent of the Publisher. You may not use any meta tags or any other “hidden text” utilizing the Publisher’s name or trademarks without the express written consent of the Publisher. Any unauthorized use automatically terminates the permission or license granted by the Publisher and may incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of the Publisher’s proprietary graphics or trademarks as part of the link without express written permission.
4. DESCRIPTION OF SERVICE
Publisher provides users with access to a rich collection of resources, including personalized content, its site which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Publisher to provide the Service. You also understand and agree that the Service may include certain communications from Publisher, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Publisher properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Publisher assumes no responsibility for failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Publisher has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Publisher has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. The Publisher reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to Aziendainamerica.com and the Publisher’s Service. You agree to (a) immediately notify Publisher of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Publisher cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
8. INTERSTATE NATURE OF COMMUNICATIONS ON PUBLISHER NETWORK
When you register, you acknowledge that in using Publisher services to send electronic communications you will be causing communications to be sent through Publisher’s computer networks, which are located in various locations in the United States, and portions of which are located abroad. As a result, and also as a result of Publisher’s network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission.
Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate and international data transmissions.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
Publisher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Publisher shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.
You agree that Publisher may, in its sole discretion and without prior notice, immediately terminate your account, deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated TOSs or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that Publisher shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Publisher shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because Publisher has no control over such sites and resources, you acknowledge and agree that Publisher is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. PUBLISHER PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Publisher, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PUBLISHER, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PUBLISHER AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUBLISHER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
f. THIS SITE AND ITS SERVICES ARE INTENDED TO PROVIDE ACCURATE AND AUTHORITATIVE INFORMATION WITH REGARD TO THE SUBJECT MATTER COVERED BASED UPON INFORMATION AVAILABLE AT THE TIME OF PUBLICATION. EXAMPLES GIVEN ARE FOR ILLUSTRATIVE PURPOSE ONLY AND THE INFORMATION IS DISTRIBUTED WITH THE UNDERSTANDING THAT NEITHER THE PUBLISHER NOR THE AUTHOR IS ENGAGED IN RENDERING LEGAL, ACCOUNTING, TAX OR OTHER PROFESSIONAL SERVICES AND ASSUME NO LIABILITY WHATSOEVER IN CONNECTION WITH ITS USE. IF LEGAL, TAX OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.ANY TAX ADVICE INCLUDED IN THIS WRITTEN OR ELECTRONIC PUBLICATION (INCLUDING ANY VIDEO OR AUDIO FILES CONNECTED WITH IT) WAS NOT INTENDED OR WRITTEN TO BE USED, AND IT CANNOT BE USED BY THE TAXPAYER, FOR THE PURPOSE OF AVOIDING ANY PENALTIES THAT MAY BE IMPOSED ON THE TAXPAYER BY ANY GOVERNMENTAL TAXING AUTHORITY OR AGENCY.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUBLISHER, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR PUBLISHER HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. Publisher and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.
Publisher may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
21. TRADEMARK INFORMATION
All logos, product, and service names related to these TOS are trademarks of Publisher (the “Publisher Marks”). Without Publisher’s prior permission, you agree not to display or use in any manner the Publisher Marks.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Publisher respects the intellectual property of others, and we ask our users to do the same. Publisher may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Publisher’s IP agent the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:
a. a description of the copyrighted work or other intellectual property that you claim has been infringed;
b. a description of where the material that you claim is infringing is located on the site;
c. your address, telephone number, and email address;
d. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may give the above notice to Publisher’s IP agent:
Twin Invest LLC
140 Island Way Suite 287
Clearwater, FL 33767
23. NO WAIVER OF RIGHTS
The failure of either party to enforce its rights under this TOS at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this TOS is held to be illegal or unenforceable neither the validity, nor enforceability of the remainder of this TOS shall be affected. Neither Party shall assign or transfer all or any part of its rights under this TOS without the consent of the other Party. This TOS may not be amended for any other reason without the prior written TOS of both Parties. This TOS constitutes the entire understanding between the Parties relating to the subject matter hereof. This TOS supersedes all prior representations, writings, negotiations or understandings with respect hereto.
24. TIME PERIODS
The nondisclosure provisions of this TOS shall survive the termination of this TOS and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this TOS, whichever occurs first.
25. TIME LIMITATIONS FOR CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CloudFlare.com must be filed within one year after such claim or cause of action arose or be forever barred.
Nothing contained in this TOS shall be deemed to constitute the formation of a partnership, joint venture, employment relationship, and/or any other type of business relationship or partnership whatsoever with the other party for any purpose.
If a court finds any provision of this TOS invalid or unenforceable, the remainder of this TOS shall be interpreted so as best to effect the intent of the parties.
This TOS expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, TOSs, representations, and understandings. This TOS may not be amended except in a writing signed by both parties.
29. SUCCESSORS AND ASSIGNS
This TOS and each party’s obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this TOS through its authorized representative.
30. APPLICABLE LAW AND VENUE
This TOS shall be construed under the laws of the State of Florida, United States of America, without regard to the conflict of law principles that would require the application of any other law. The Venue for any dispute or claim arising out of or in connection with this TOS shall be in Pinellas County, Florida, USA.
In the event a dispute shall arise between the Parties to this TOS, the Parties agree to participate in at least four hours of mediation prior to filing civil suit. The Parties agree to share equally in the costs of the mediation. Mediation shall involve each side sitting down with an impartial licensed mediator to attempt to reach a voluntary settlement.
While translated versions of this TOS may be provided in multiple languages for each Party’s convenience, the English language version of this TOS shall be the only version of this TOS that is binding upon the Parties, is the only version that should be relied on when interpreting the TOS between the Parties, and is the only version that shall be introduced as evidence in the event of a dispute between the Parties. All Parties acknowledge that they have had time to review the English version of this TOS and fully understand the provisions contained herein prior to execution.
33. LEGAL FEES
In the event that any action, suit or other proceeding is initiated concerning or arising out of this TOS, the prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in each and every action, suit or other proceeding, including any and all appeals or petitions therefrom from the non-prevailing party. As used herein, “attorneys’ fees” shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorney performing such services.
The headings and section titles in this contract are for convenience only and have no legal or contractual effect.
Please report any violations of these TOS to firstname.lastname@example.org