Legal Information for https://www.rogerbourdon.com

Table Of Contents

  1. Anti-Spam Policy
  2. Copyright Notice
  3. DMCA Compliance
  4. Privacy Policy
  5. Social Media Disclaimer
  6. Terms and Conditions

Anti-Spam Policy

The following describes the Anti-Spam Policy for our Roger Bourdon website.

What Is Spam?

Spam is unsolicited email, also known as junk mail (received via email), or UCE (Unsolicited Commercial Email). Virtually all of us have opened the inbox of an email account and found emails from an unknown sender. By sending email only to those who have requested to receive it, we at Roger Bourdon are following accepted permission-based email guidelines.

What About The Laws Against Spam?

They exist. However, as with any body of laws, any individual State spam statutes can and will vary. The spam laws of each State can not only vary, but also have different definitions of unsolicited commercial email. Additionally, there may be various federal agencies keeping track of spam, including the Federal Trade Commission (FTC). At the Federal level, the CAN-SPAM Act of 2003 promulgates some attempt at a coherent and unified approach to unsolicited commercial email. Ultimately, it would be difficult to enforce spam law violations on any consistent or pervasive basis, so your own vigilance is your own best first line of defense. Beyond that, we protect you by ensuring that you are 100% in control of whether or not you ever hear from Roger Bourdon by email initially or in the future, as detailed in our “No Tolerance” policy below.

Our No Tolerance Anti-Spam Policy

WE HAVE A NO TOLERANCE SPAM POLICY. We do not email unless someone has filled out an "opt in" form or "webform" expressing an interest in our information or products and/or services, or otherwise directly and proactively requesting it. News of the features and benefits of Membership is spread through advertising, joint venture marketing, and word of mouth, so we are only building relationship with folks who wish to learn more about what we have to offer and willingly subscribe to our content and contact through email. You are always completely in control of whether you receive email communication from Roger Bourdon, and can terminate at any time.

NOTE - Every auto-generated email contains a mandatory unsubscribe link that cannot be removed. Therefore, each communication generated by Roger Bourdon carries with it the option to "unsubscribe" and never receive another email communication from Roger Bourdon.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Roger Bourdon, in order to protect you and our Roger Bourdon website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Roger Bourdon have paid to license the use of these legal notices and administrative pages on Roger Bourdon for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: https://www.rogerbourdon.com

The following describes the Copyright Notice for our Roger Bourdon website.

The entire contents of our Roger Bourdon website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Roger Bourdon website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the material. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of paid material on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.

You are granted a nonexclusive, nontransferable, revocable license to use our Roger Bourdon website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download from Roger Bourdon. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.

As a user at Roger Bourdon, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

Our website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other Roger Bourdon user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Roger Bourdon, in order to protect you and our Roger Bourdon website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Roger Bourdon have paid to license the use of these legal notices and administrative pages on Roger Bourdon for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: https://www.rogerbourdon.com

DMCA Compliance

The following describes the DMCA Compliance for our Roger Bourdon website.

We at Roger Bourdon are committed to responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed by the U.S. Digital Millennium Copyright Act as revealed at http://www.copyright.gov.

Remedy

If any material infringes on the copyright of any offended party, we may remove the content from Roger Bourdon, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. We may also pass along record of the incident for documentation and/or publication by third parties at our discretion.

Not Legal Advice/No Attorney-Client Relationship

If you believe your rights have been violated, it can be a serious matter. This DMCA notice exists solely to effectuate our efforts, as website owners, to prevent and eliminate infringement on intellectual property rights. It is no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service provider (ISP), may exist. You may wish to seek legal help immediately.

Notification

For your convenience and to speed resolution, notice of alleged infringement may be tendered to Roger Bourdon via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated. Six figure awards have already been granted for bogus complaints, so seeking the help of competent counsel is advised.

Assuming you still wish to assert copyright violation, you should provide the following to speed up the process:

STEP 1. Identify in adequate detail the copyrighted item you believe has been violated, by providing the URL to the protected work, ISBN#, or otherwise.
STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above.
STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested).
STEP 4. Provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing webpage or other content such as a blog or forum posting (email address is preferred).
STEP 5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
STEP 6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
STEP 7. Digitally sign your affirmation.

Counter-Notification

Note that the party representing the affected website or provider of content can issue a counter-notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to the content in that case.
For your convenience, counter notification may be tendered via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that others’ copyrights have NOT been violated

Assuming you still wish to file a counter-notice, you should provide the following to speed up the process:

STEP 1. Identify the specific URLs or other unique identifying information of material that we have removed or disabled access to.
STEP 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
STEP 3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
STEP 4. Digitally sign the affirmation.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Roger Bourdon, in order to protect you and our Roger Bourdon website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Roger Bourdon have paid to license the use of these legal notices and administrative pages on Roger Bourdon for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: https://www.rogerbourdon.com

Privacy Policy

Thank you for choosing to be part of our community at Roger Bourdon (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at https://www.rogerbourdon.com

When you visit our website https://www.rogerbourdon.com (the "Website"), and more generally, use any of our services (the "Services", which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.


TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

3. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

4. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?


1. WHAT INFORMATION DO WE COLLECT?


2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.


3. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our Website offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Website. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.


4. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in. If you are accessing our Website from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in and other countries.

If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.


5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our Website.

The Website may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Website. You should review the policies of such third parties and contact them directly to respond to your questions.


6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than ________.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.


7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.


8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.


9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.


10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).


11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.


12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may contact us via https://www.rogerbourdon.com


HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.

Social Media Disclaimer

The following describes the Social Media Disclosure for our Roger Bourdon website.

Social Media Issue

We live in an interesting time when privacy rights are championed alongside an unprecedented voluntary willingness of people to share their most intimate and superfluous life details with the world, even in places such as our Roger Bourdon website. While apparently benign on the surface, the dangers of unrestrained public disclosure of sensitive information is beginning to surface.

Key social media players are being sued for unauthorized or abusive use/misuse of personal information. Failure to protect and warn are likely going to be focal factors. Lawsuits are filed seeking damages for statements held to be responsible for people's death or suicide. Bloggers presuming to operate under an unfettered freedom of speech or greater latitude offered to members of the press are losing civil cases for defamation, slander, libel, and so on.

As social media rapidly advances to allow more technologically sophisticated and easy dissemination, the simultaneous fallout of revelation without boundaries is mounting. Thus, a sober approach to the benefits of social media, while sidestepping the perils of imprudent disclosure, can facilitate an enjoyable online experience, without the consequences of excess, in settings such as our own Roger Bourdon website.

Presence/Scope of Social Media

You should assume that social media is in use on our Roger Bourdon website. A simple click of a button to endorse a person, product, or service is building a cumulative profile about you, which you should always assume can be discovered by others. Attempting to share a website with someone, whether by direct press of a button or else by email forwarding facilitated on a website, you should assume that this may not stop with the intended recipient, and that this can generate information about you that could be seen by a veritable infinite number of people. Such a domino effect could initiate right here on our Roger Bourdon website.

Something as simple as a blog comment provides the opportunity for knee-jerk reactions that can become public and may not truly represent a position (at least in strength or severity) that you might hold after a period of more reasoned contemplation. You should also note that the ease of accessing one site through the login credentials of another, or the use of a global login for access to multiple sites can accumulate a dossier on you and your online behavior that may reveal more information to unintended parties than you might realize or want. Any or all of these features could exist on our Roger Bourdon website at one time or another.

These few examples illustrate some possible ways that social media can exist, though it is not an exhaustive list and new technologies will render this list outdated quickly. The objective is to realize the reach of social media, its widespread presence on websites in various forms (including this website), and develop a responsible approach to using it.

Protecting Others

You should recognize the fact that divulgences made in and on social media platforms on this website and others are rarely constrained just to you. Disclosures are commonly made about group matters that necessarily affect and impact other people. Other disclosures are expressly about third parties, sometimes with little discretion. What can appear funny in one moment can be tragic in the next. And a subtle "public" retaliation can have lifetime repercussions.

Ideal use of social media on our website would confine your disclosures primarily to matters pertaining to you, not others. If in doubt, it's best to err on the side of non-disclosure. It's doubtful the disclosure is so meaningful that it cannot be offset by the precaution of acting to protect the best interests of someone who is involuntarily being exposed by your decision to disclose something on our Roger Bourdon website (or another).

Protecting Yourself

You should likewise pause to consider the long-term effects of a split-second decision to publicly share private information about yourself on our Roger Bourdon website. Opinions, likes, dislikes, preferences, and otherwise can change. Openly divulging perspectives that you hold today, may conflict with your developing views into the futures. Yet, the "new you" will always stand juxtaposed against the prior declarations you made that are now concretized as part of your public profile. While the contents of your breakfast may hold little long-term impact, other data likewise readily shared can have consequences that could conceivably impact your ability to obtain certain employment or hinder other life experiences and ambitions.

As with sharing information about other people, extreme caution should be used before revealing information about yourself. If in doubt, it's likely best not to do it. The short term gain, if any, could readily be outweighed by later consequences. Finally, you should note that we are not responsible for removing content once shared, and we may not be able to do so.

Restrictions on Use of Social Media Data

You, as a visitor to our Roger Bourdon website, are not permitted to "mine" social media or other platforms contained herein for personal information related to others. Even where people have publicly displayed data, you should not construe that as though you have the liberty to capture, reproduce, or reuse that information. Any use of social media or related platforms on our website are for interactive use only, relevant only during the website visit.

Accuracy of Social Media Data

As any social media platform is built on user-generated content, you should consider this fact in seeking to determine the authenticity of anything you read. We are not responsible for verifying any user-generated content for accuracy. A best practices policy would be to view all such content as strictly opinion, not fact.

Potential Issues of Liability

You should also be mindful of the fact that your words could trigger liability for harm caused to others. While you have the right to free speech, you do not have the right to damage other people. Under basic principles of tort law, you are always responsible, personally, for situations where either:

1. you were required to act, but did not (i.e. - some "duty of care")
2. your were required to refrain from acting, but did not (i.e. - slander, defamation, etc.)

These "sins of omission and commission" could cause problems for you, irrespective of whether you assert you are conducting business under the guise of one or more business entities. Illegal and unethical conduct, when done in the name of a corporation or LLC, is still illegal and unethical conduct. As it is rarely part of a business plan to engage in illegal and unethical conduct, you are doubtfully operating in any official capacity, but rather, perhaps, leveraging that capacity to effectuate personal wrongdoing. You should consult a licensed attorney if you wish legal advice as to the (potential) ramification of your situation or legal problems stemming from this website or another.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Roger Bourdon, in order to protect you and our Roger Bourdon website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Roger Bourdon have paid to license the use of these legal notices and administrative pages on Roger Bourdon for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: https://www.rogerbourdon.com

Terms and Conditions

The following describes the Terms of Service Conditions of Use for our Roger Bourdon website.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.

OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

By using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.

Our Roger Bourdon website (and other “internal” websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our website).

Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.

You agree to obey all applicable laws and regulations regarding your use of our Roger Bourdon website and the content and materials provided in it.

Our website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.

1. Copyright, Licenses and Idea/User Submissions.

The following describes the Copyright Notice for our website.

The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Roger Bourdon website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

You are granted a nonexclusive, nontransferable, revocable license to use our website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.

As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

Our Roger Bourdon website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

You agree to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed. You also grant to our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.

Trademarks

Publications, products, content or services referenced herein or on our website are the exclusive trademarks or servicemarks of our Roger Bourdon website or related parties. Other product and company names mentioned in our website may be the trademarks of their respective owners.

Links to Our Website

You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.

2. Use of our website.

You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.

Data contained on or made available through our Roger Bourdon website is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

Your use of our Roger Bourdon website or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.

We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.

Your Duty To Other Users

Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).

If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

Restricted access

Access to certain areas of our Roger Bourdon website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Roger Bourdon website or any other contractual obligation you owe to us.

Third-Party Products/Services

You understand that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our website as such, all information, products and services offered through our website or on the Internet generally are offered by third parties that are not affiliated with our website, and we may be compensated.

Viruses, etc.

You also understand that our Roger Bourdon website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.

Assumption of Risk

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.

Limitation of Liability

The content may contain inaccuracies or typographical errors. Our Roger Bourdon website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. Use of our website and the content is at your own risk. Changes are periodically made to our website, and may be made at any time.

OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.

Express Disclaimer of Consequential Damages

IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

Links to Other Websites.

Our website contains links to third party Websites. Our Roger Bourdon website makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.

User Submissions

As a user of our Roger Bourdon website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

Our Roger Bourdon website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our website has no liability or responsibility to users of our website for performance or nonperformance of such activities. Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

Social Media Warning (Divulgence of Personal & Private Information)

Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.

3. Indemnification.

You agree to indemnify, defend and hold harmless our Roger Bourdon website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.

5.Term; Termination.

We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use 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 data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.

This Agreement, in whole or in part, may be terminated by Roger Bourdon without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.

6.Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.

Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our website or in advertisements.

The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction.

Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems.

Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance of a trained professional, not a website.

You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.

7.Miscellaneous.

Governing Law

This Agreement shall treated as though executed, set in force, and performed in the State of California. Accordingly, it shall be governed and construed in accordance with the laws of California in terms of those applicable to agreements, without regard to conflict of law principles.

Disputes

Any cause of action by you with respect to our Roger Bourdon website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in California. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Modification

Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.

Assignability

Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.

Contra Preferentum

The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.

Severability

Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.

This Agreement Prevails

To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.

Waiver

Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.

Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.

Any rights not expressly granted herein are reserved to Roger Bourdon.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Roger Bourdon, in order to protect you and our Roger Bourdon website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Roger Bourdon have paid to license the use of these legal notices and administrative pages on Roger Bourdon for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: https://www.rogerbourdon.com