Terms of Use for QuietInnovation.com
Effective Date: 21-March-2013
Investment-Related Disclosures:
As a CFA charterholder (also known as, “Chartered Financial Analyst”) John P. Gavin, CFA is recognized as a seasoned and accredited financial analyst who has published investment research and made investment recommendations in the past. However, this site makes no investment recommendations and affirmatively states it is not providing investment advice, in any form, through any means. Further, no investment recommendation, opinion, advice, and/or rating should ever be implied or read into what Mr. Gavin or his guests may say on this site. This applies no matter how much Mr. Gavin may or may not like the guest or any particular innovation and/or entity his guests may represent. In addition, nothing even remotely connected with the Quiet Innovation website should be construed as a solicitation for capital or other investment. Mr. Gavin retains the right to disclose anything that could be deemed a conflict of interest by a reasonable person.
The Remaining Terms of Use Appear Below:
1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at http://www.quietinnovation.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by North Woods Ventures, LLC (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by reference.
3. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you on a limited, non-exclusive, non-transferable basis by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. You and others may post, download, display, perform, transmit or otherwise distribute information or other content to the Site or Service (“User Content”). You hereby grant Company and its affiliates, officers, governors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company and its affiliates, officers, governors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, redact, translate, relocate and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You hereby acknowledge that Company is not the publisher or author of the User Content. With respect to all User Content, the Site is a passive service for storage and dissemination of the ideas and opinions that visitors and subscribers may choose to post and distribute as User Content. Company does not screen works before they are posted, and no prior approval is required for posting. Company disclaims all copyright and ownership in such works and all responsibility for them. If Company's technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other users, Company reserves the right to delete those files or to stop those processes. You agree that you are legally and ethically responsible for your User Content. In posting User Content, you are responsible for honoring the rights of others, including intellectual property rights, the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for obtaining the copyright holder's permission first. The posting User Content for any illegal activity under the laws of Minnesota and the United States is a violation of these Terms of Use. Because the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside Company's locality or your own residence. The Site is open to users worldwide, and Company cannot guarantee that you will not run into legal trouble in other jurisdictions as a result of your posting. If you have a complaint about the behavior or posts of another user, Company staff will not take any role in mediating such conflict and does not assume responsibility for your behavior or that of other users. Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by reference.
8. SUBMISSIONS. Subject to the policies and requirements described in this paragraph, Company welcomes the submission of proposals for programming, ideas and materials. All such submissions will be considered User Content and the provisions of Section 4 of these Terms of Use apply to such submissions to the extent not inconsistent with the terms of this paragraph. Submissions of any kind via posting to the Site, email, facsimile, mail or otherwise will be treated as non-confidential and will be deemed, and shall remain, the property of Company. Submissions will not be returned. Company shall have the unrestricted, perpetual, worldwide use of user submissions for any purpose whatsoever, commercial or otherwise, without compensation, credit or any other rights to the provider of the submissions. No correspondence or instruction of any kind accompanying any submission can alter the terms of this paragraph or these Terms of Use.
9. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
10. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE ON AN “AS-IS, WHERE-IS, AS-AVAILABLE, WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND. YOU SOLELY ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS OFFICERS, GOVERNORS, EMPLOYEES, AGENTS, ATTORNEYS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Your sole remedy with respect to any claim against Company or its officers, governors, employees, agents, attorneys or representatives, or any alleged breach by Company of these Terms of Use, or dissatisfaction with (i) the Site, (ii) any policy or practice of the Company in operating the Site, or (iii) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.
12. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
13. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
14. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, governors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand following Company’s discovery thereof, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. OUR INTELLECTUAL PROPERTY. All contents of Site or Service are: Copyright © 2013 North Woods Ventures, LLC; PO Box 47331; Plymouth, MN 55447. All rights reserved. The terms, “Quiet Innovation”, “QI” and “Great ideas hiding in plain sight” are all trademarks owned by North Woods Ventures. Other notices may apply.
16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Minnesota, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Hennepin County, Minnesota in all disputes arising out of or related to the use of the Site or Service. If any legal action or other proceeding is brought arising out of or relating to the Site, Service or these Terms of Use, the successful or prevailing party in such action or proceeding shall be entitled to recover from the other party its reasonable attorneys’ fees and other costs incurred in that proceeding, including any attorneys’ fees and costs for the collection of any judgments in favor of the successful or prevailing party, in addition to any other relief to which it or they may be entitled.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the copyrighted material, trademarks, service marks, or logos owned by Company or by any third party.
19. MINNESOTA USE ONLY. The Site is controlled and operated by Company from its offices in the State of Minnesota. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Minnesota.
20. SURVIVAL. These Terms of Use shall survive any termination of the Service and/or the Site with respect to you or users generally, except as may be expressly provided to the contrary herein.
21. MODIFICATIONS; TERMINATION. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. Company may, in its sole and unfettered discretion, for any or no reason, and without penalty, terminate and/or suspend your access to the Site without notice.
22. ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
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