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Legal Information & Privacy Policy (also known as "CMA”) It is sad that these types of pages even need to be included, but alas, there are those in this world that make it necessary to take some precautions. By using this web site or downloading software from this website, you agree to the following terms and conditions. If you do not agree with these terms, simply do not download the software and do not use the site. We reserve the right to make modifications as we deem necessary at any time. It will be your responsibility to check these terms to see what changes, if any, have been made. By continuing to use the Brandtrock.com web site (or the Brandtrock.net web site or the Brandtrock.org web site), you indicate that you accept those changes. The terms of an end user license agreement accompanying a particular software download or installation shall supercede the terms presented below. I. Copyright and Terms of UseWelcome to Brandtrock.com! The following terms of use establish the legal framework for your use of the Brandtrock.com website. By using the website and other services available through Brandtrock.com, you signify your consent to these terms of use. If you do not agree to all of these terms of use, do not use the Brandtrock.com website. These terms of use (the “agreement”) constitute the entire agreement between you and Brandtrock.com. Brandtrock Consulting can amend this agreement at any time by posting the revised terms at Brandtrock.com Your continued use of Brandtrock.com or any of its services will signify that you agree to these changes. All content included on this site, such as text, graphics, logos, images, and software, is protected by U.S. and international copyright laws. In addition, the compilation (that is, the collection, arrangement and assembly) of all content on this site is the exclusive property of Brandtrock Consulting. The trademarks, logos, and service marks displayed on this website are trademarks of Brandtrock Consulting and others. Except as otherwise expressly provided, nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content or trademark displayed on this website without the written permission of Brandtrock Consulting or such third party that may own the content or trademarks displayed on this website. You retain the ownership of any content (text, programs, and other materials) you submit to this website. However, in connection with such submission, you will be deemed to have expressly granted (or warranted that the owner of such rights has expressly granted) to Brandtrock Consulting a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, whether commercial or non-commercial in purpose. II. Use of Third-Party MaterialsIt is the nature of a public website that the facilities on this website may contain inaccurate, harmful, offensive, or otherwise inappropriate material. Brandtrock Consulting assumes no responsibility for information, opinions, and other matters submitted to this website by persons other than Brandtrock Consulting. You agree that you will not submit any: (a) abusive, obscene, vulgar, slanderous, threatening, sexually-oriented or any other material that may intimidate or annoy other users or violate any applicable laws; (b) materials that infringe on or misappropriate any patent, trademark, copyright, trade secret or other proprietary rights of any other person; (c) programs or materials that contain viruses or other malicious code, or that may damage the operation of another's computer; or (d) advertisements for goods or services. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all submissions is recorded to aid in enforcing these conditions. You agree that the webmaster of this site has the right to remove, edit, move or close any individual submission at any time should they see fit. III. Copyright Infringement and Copyright AgentIf you believe that your work has been used on this website in a manner that constitutes copyright infringement, you may contact Brandtrock Consulting for service of notice at: Brandtrock Consulting 2107 W. Broadway Rd. #233, Mesa, AZ 85202, or Brandtrock@brandtrock.com. Your notice must include the following information: (1) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted material that is claimed to be infringing, and a description of where the claimed infringing material is located on the website; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. IV. MiscellaneousThis agreement is governed by and shall be construed in accordance with Arizona law as such laws apply to agreements entered into and to be performed entirely within the State of Arizona between Arizona residents. Any controversy or claim arising out of or relating to this agreement or to the operation or use of Brandtrock.com shall be settled by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place at Phoenix, Arizona. Any such claim shall be arbitrated on an individual basis, not consolidated with any other party's claim. The arbitrator(s) shall be entitled to award injunctive relief, but shall not be entitled to award punitive damages. Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award or an order of enforcement. This agreement does not create any agency, partnership, joint venture, or employment relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Brandtrock.com. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. THIS WEBSITE AND THE MATERIALS ON IT ARE PROVIDED “AS IS.” Brandtrock Consulting AND ITS CONTRIBUTORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. Brandtrock Consulting does not warrant that this website will operate error free or that this website or its server are free of computer viruses or other harmful items. If your use of this website or the materials on it results in the need for servicing or replacing equipment or data, Brandtrock Consulting is not responsible for those costs. Brandtrock Consulting SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION), ARISING OUT OF OR IN CONNECTION WITH THE OPERATION OR USE OF Brandtrock.com, OUR SERVICES, OR THIS AGREEMENT, EVEN IF Brandtrock Consulting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. V. Privacy StatementBrandtrock Consulting has created this privacy statement in order to demonstrate our firm commitment to your privacy. It is our policy not to sell, exchange, or release ANY of your individual personal information to a third party without your expressed permission. Our site's registration form requires users to give us contact information (like their name and email address). Users may opt-out of receiving future mailings; see the choice/opt-out section below. We use your IP address to help diagnose problems with our server, and to administer our Web site. Some sites use this for marketing. We do not. We use cookies to deliver content specific to your preferences and to save your password so you don't have to re-enter it each time you visit the forum (see below). This site contains links to other sites. Brandtrock Consulting is not responsible for the privacy practices or the content of such Web sites. This site does not make chat rooms, forums, message boards, and/or newsgroups available to its users. We may use an outside ad company to display ads on our site. These ads may contain cookies. While we use cookies in other parts of our Web site, cookies received with banner ads are collected by ad companies, and we do not have access to this information. While these cookies do not contain personal information, you can disable cookies if you so choose. See your browser's help file for more information. VI. Contacting the Web SiteIf you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: TJ Brandt
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