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GROUNDING POINT, LLC In accordance with federal regulations governing the privacy rights of all current, former and prospective clients of financial services companies, Grounding Point LLC ("Grounding Point") has adopted the following policies regarding the collection and use of its clients' and website visitors' nonpublic personal information. This policy describes the information that Grounding Point LLC, a Washington limited liability company ("Grounding Point," "we" or "us") collects, how we use that information and how we protect that information. It also discusses certain choices you have regarding your personally identifiable information. By using this Website or by becoming a client of Grounding Point LLC, you consent to the following terms, as they may be amended from time to time. Information We Collect. In the course of interacting with potential clients, and providing educational and counseling services to its clients, Grounding Point collects nonpublic personal information regarding the financial situation of clients. The information is provided voluntarily by each client, when the client completes Grounding Point's forms and through other communications with Grounding Point, to assist Grounding Point in assessing the client's financial situation and providing related advice. Additional information may be gathered in the course of the client relationship through various means, such as discussions, transactions and the use of Grounding Point's website (the "Website"). You may visit this Website anonymously. We collect your Internet Protocol address, but this information generally does not reveal your identity. The data that we regularly collect about visitors to this Website (e.g., browser type, pages accessed, duration of visit, etc.) does not enable us to identify you. We use "cookies," small files that are sent to your browser and stored on your hard drive, to identify you as a unique user on this Website. Our use of cookies is explained in more detail below. We collect personally identifiable information about you only if you voluntarily provide it to us by requesting information, products, or services from us or by registering with us as a paying member. Information You Provide. When you visit this Website, you may provide personally identifiable information in order to take advantage of services offered through this Website. For example, you might provide your name, address, telephone and fax numbers, email address and/or credit card number. Paying members will also provide their confidential user names and passwords. We collect and store that information. You may always choose not to provide the information we request. However, you may then be unable to take advantage of the features and services we offer on this Website. How We Use Information. Grounding Point does not disclose any nonpublic personal information about clients to anyone, except as necessary to provide services to clients pursuant to their agreements with Grounding Point, and as otherwise permitted or required by law. If you choose to provide us with personally identifiable information, we will use that information to execute client service, respond to your inquiry, process your order, or register you as a paying member of the Website. Grounding Point maintains physical, electronic and procedural safeguards that comply with federal standards to guard the nonpublic personal information it collects and possesses. Grounding Point restricts access to nonpublic personal information about clients to third parties who need to know that information to provide products or services to clients, and if we believe in our discretion it would be helpful in responding to you, or if this information is necessary for the third party to do their job (see "Third Party Service Providers," below). Grounding Point cannot guaranty that third parties will protect clients' nonpublic personal information to the same extent described in this privacy policy. If, in the future, we merge with or are acquired by another company, or change our structure, we may transfer your personally identifiable information to the surviving or acquiring entity. We will also disclose your personally identifiable information if we in good-faith believe we are required to do so (a) by law or to comply with the law or legal process; (b) to protect and defend our rights or property or the rights or property of our clients; or (c) in an emergency to protect the personal safety of our employees, clients, visitors or the public. No Sale or Purchase of Personally Identifiable Information. Grounding Point will not sell your personally identifiable information to others except in connection with the sale of Grounding Point or the assets of Grounding Point. Grounding Point will not purchase or otherwise acquire personally identifiable information about you from other sources. Third Party Service Providers. Grounding Point may from time to time engage others ("Third Party Providers") to provide services to Grounding Point, to you and to other visitors to this Website. For example, Grounding Point may engage other companies to host, operate and maintain this Website, analyze data, provide assistance with marketing and newsletters, perform merchant services, perform inventories or assessments and provide other services. Grounding Point will give them access to your personally identifiable information to the extent necessary to do their jobs. Grounding Point cannot guaranty that those companies will protect your personally identifiable information to the same extent described in this Website Privacy Policy. Links to Other Websites. When you visit this Website, you could be directed to Websites of Third Party Providers and to other websites that are beyond our control ("Third Party Websites"). There are many links to Third Party Websites from this Website that may take you outside our service. If you choose to visit a Third Party Website, you should understand that the third party's privacy policy, and not this Website Privacy Policy, will govern your activities and any information you disclose while visiting that Third Party Website. Third Party Websites may not have privacy policies or may have privacy policies that are not as protective of your personally identifiable information as Grounding Point's Website Privacy Policy. Third Party Websites may collect data, solicit personally identifiable information, or send cookies to visitors. Grounding Point strongly recommends that you review and understand the privacy policies of the Third Party Websites you visit, whether you visit Third Party Websites directly or through a link from a page on this Website. Email. From time to time, Grounding Point may send email messages and/or newsletters to its registered users or customers that request such correspondence. Grounding Point may use a bulk email service to distribute that information. If you no longer want to receive such emails, please indicate that preference by contacting us at decline@groundingpoint.com. Chat Groups; Bulletin Boards. Whenever you give out personal information online, including via forums, message boards, or chat groups, that information can be collected and used by others. While Grounding Point strives to protect its visitors' personal information and privacy as outlined in this Website Privacy Policy, Grounding Point cannot guarantee the security of any information you disclose online and you do so at your own risk. Cookies. Upon your first visit to this Website, our Website may automatically send a "cookie" to your computer. A cookie is a file that identifies you as a unique user. It stores personal preferences and user data. Cookies do not identify you by name. Grounding Point uses cookies to store preferences and user data. You may have your browser disable cookies; however, some Grounding Point services provided by this Website may not function properly if you disable cookies. Security. Grounding Point uses encryption software in this Website to safeguard certain of your personally identifiable information while that information is transmitted over the Internet, including information you provide upon ordering or purchasing products from this Website. While using this Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. Policy Changes. Grounding Point reserves the right to change this Website Privacy Policy at any time. We will post any revisions to this Website Privacy Policy on this Website. Please review this page periodically for changes. Your continued use of this Website will be subject to our then-current Website Privacy Policy. Policy Regarding Children. This Website is for people 18 years of age and older. If you are under 18 years of age, please do not submit any information to Grounding Point without the consent of a parent or guardian. Grounding Point does not intentionally collect any information about children. Disputes Regarding Use of Personally Identifiable Information. All disputes regarding Grounding Point's use of your personally identifiable information and/or the terms of this Website Privacy Policy will be heard by any state or federal court located in the State of Washington, USA, as more specifically provided in Grounding Point's Terms and Conditions of Use. Miscellaneous. Grounding Point's policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Grounding Point's control. Grounding Point uses reasonable precautions to keep your personally identifiable information secure. However, Grounding Point is not responsible for any breach of security or for the actions of any third parties. If you at any time have questions about this Website Privacy Policy, please send your question via email to privacy@groundingpoint.com. GROUNDING POINT LLC PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT THESE TERMS AND CONDITIONS OF USE APPLY TO AND GOVERN YOUR USE OF THIS WEBSITE. THE TERMS AND CONDITIONS OF USE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE INFORMATION CONTAINED IN THIS WEBSITE IS SOLELY FOR USE FOR BUSINESS AND COMMERCIAL PURPOSES BY RESIDENTS OF THE UNITED STATES, ITS TERRITORIES, POSSESSIONS AND PROTECTORATES. IF YOU ACCESS THIS WEBSITE FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS OF THE JURISDICTION WHERE YOU LIVE. YOU MAY NOT USE THIS WEBSITE FOR PERSONAL, FAMILY OR CONSUMER PURPOSES. These Terms and Conditions of Use (these "Terms") apply to this website (this "Website"). This Website is owned, operated, licensed or controlled by Grounding Point LLC, a Washington limited liability company ("Grounding Point"). Click here to see Grounding Point's Website Privacy Policy. By communicating with Grounding Point via email, you agree that Grounding Point may send communications electronically and that any electronic communications will constitute "written" communications. 1. AGREEMENT TO TERMS AND CONDITIONS By accessing, visiting and/or using this Website, you, the user, (a) acknowledge that you have read and understood these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Website. Grounding Point may change these Terms at any time by posting the change to this Website. Please check these Terms periodically for changes. Your access or use of this Website after these Terms have been changed will mean that you agree to be bound by those changes. Your continued use of this Website will be subject to and governed by Grounding Point's then-current terms. The date these Terms were last modified is set forth at the end of these Terms. 2. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS Grounding Point will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Grounding Point will act to promptly remove or disable access (i) to any Material (as defined in Section 4) claimed to be infringing or claimed to be the subject of infringing activity and (ii) to any reference or link to Material or activity claimed to be infringing. Grounding Point will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to mindycrary@groundingpoint.com. Please include the word "copyright" in the subject line for all claims of intellectual property infringement. 3. SECURITY RULES You are responsible for protecting the confidentiality of your account number, user name, and all passwords, and you agree to be responsible for all activities that occur under your account or password. You agree not to violate or attempt to violate the security of this Website, including without limitation, by (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to this Website without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding. You agree not to use a false email address, or otherwise attempt to mislead Grounding Point or any other person about the origin of any transmission. 4. MATERIAL The materials that are included in or displayed on this Website, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for this Website, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by Grounding Point. Without Grounding Point's prior written permission, you may not (a) use the Materials on any Third Party Website (as defined in Section 9), in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. 5. TRADEMARKS AND SERVICE MARKS "Grounding Point™" is a trademark of Grounding Point. All other marks that appear throughout this Website belong to Grounding Point or to others and are protected by United States and international trademark and copyright laws. Any use of any marks appearing in this Website without the express written permission of Grounding Point is strictly prohibited. 6. DISCUSSION GROUPS; BULLETIN BOARDS "Forum" means a discussion group, chat area, or any other bulletin board or email function on this Website in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties regarding transmission set forth in Section 11 below. Visitors to a Forum will be solely responsible for the content of their messages. The content of each Forum is created by visitors to that Forum and is solely the responsibility of the creators. Grounding Point does not represent or warrant the reliability, accuracy or truthfulness of any such content. 7. NATURE OF INFORMATION The information contained on this Website has been collected and/or prepared by Grounding Point as a service to its visitors. While Grounding Point has used reasonable efforts to verify that the information on this Website is useful to its visitors, Grounding Point does not warrant or guarantee its accuracy or timeliness.
8. GENERAL DISCLAIMER OF WARRANTIES All information and other Material included in any page of this Website is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Grounding Point disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, title and non-infringement. Grounding Point does not warrant that use of this Website will be uninterrupted or error free that defects will be corrected or that this Website, any Materials or any server(s) used by Grounding Point are free from viruses or other harmful components. Grounding Point does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Website, any Materials or any sites linked to or from this Website. 9. LINKING DISCLAIMERS AND WARNING This Website may include links to Websites owned and operated by third parties and other persons who provide goods and/or services ("Third Party Websites"). The Third Party Websites are generally created and owned by other parties and are the responsibility of those persons and not of Grounding Point. Consequently, Grounding Point cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any Third Party Websites and does not warrant that Third Party Websites will be available through the links provided. Although Grounding Point may periodically attempt to verify the accuracy of Third Party Websites, neither Grounding Point nor any of the Grounding Point Affiliates will be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in this Website and in any Third Party Websites. You bear all risk associated with the information in this Website, including all Third Party Websites, and your use of any such information is subject in all respects to these Terms. Grounding Point reserves the right to terminate any links to other sites without notice. 10. DOWNLOADS You may request and receive from Grounding Point information created by Grounding Point or by a third party, in the form of an email attachment or electronic download. Grounding Point provides this information as a service to its customers and is not responsible or liable for how that information interacts with your computer or software programs. Receipt of information from Grounding Point by email or electronic download constitutes a "use" of this Website for purposes of Section 11 below. 11. LIMITATION OF LIABILITY Under no circumstances, including without limitation negligence, will Grounding Point be liable for any indirect, special, incidental or consequential damages, including without limitation loss of use, loss of data or lost profits, arising out of the use or inability to use this Website or the Material, even if Grounding Point or a Grounding Point Affiliate (as defined in Section 18) has been advised of the possibility of such damages. If your use of this Website or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. In addition, by accessing or using this Website, you agree that Grounding Point's maximum aggregate liability to you for all claims arising from accessing or using this Website or any Materials is limited to the greater of (a) the amount you paid for the course or product giving rise to the claim; and (b) $50. 12. TRANSMISSIONS Grounding Point will treat all messages, material, information or ideas (the "Transmission") you transmit to this Website, including without limitation on any Forum by any means, as non-confidential and non-proprietary, and Grounding Point may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services. However, Grounding Point will handle all personal information provided to Grounding Point in the manner provided in Grounding Point's Website Privacy Policy. By sending any Transmission to this Website, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; or (b) you will not impersonate another person. By sending any Transmission to this Website or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive 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. In addition, you warrant that all "moral rights" in those Transmissions have been waived. 13. NO LICENSE Except as expressly provided otherwise in these Terms, nothing in this Website, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials. 14. TAXES Unless you provide Grounding Point with a valid and correct tax exemption certificate applicable to any goods or services provided by Grounding Point or through this Website, you, the user, will be responsible for all sales and other taxes associated with those goods and/or services, however designated, except for taxes on Grounding Point's net income. 15. UNITED STATES GOVERNMENT RESTRICTED RIGHTS The Materials on this Website are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of Grounding Point's proprietary rights in them. 16. PRIVACY It is Grounding Point's policy to respect the privacy of all visitors to this Website. For more information about Grounding Point's Website Privacy Policy, please refer to our Website Privacy Policy. 17. GOVERNING LAW These Terms and all claims, disputes and controversies that may arise in connection with these Terms and this Website will be governed by the internal laws of the State of Washington without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or this Website be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. 18. ARBITRATION Any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against Grounding Point, its agents, employees, affiliates, successors and assigns (collectively, the "Grounding Point Affiliates"), relating to these Terms and/or this Website will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you, the user, and Grounding Point. The arbitration will be conducted in Seattle, Washington, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 19. JURISDICTION This Website is controlled and operated from Grounding Point's offices within the State of Washington. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to this Website, including these Terms, will be the state and federal courts located in Seattle, Washington, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Seattle, Washington is an inconvenient forum. 20. HEADINGS The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms. 21. SEPARATE AGREEMENTS If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these terms and conditions and such deletion will not affect in any way the remaining provisions in these terms and conditions. 22. ENTIRE AGREEMENT This is the entire agreement between you and Grounding Point relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Grounding Point. 23. OTHER TERMS AND CONDITIONS These Terms apply to all uses of this Website unless you and Grounding Point have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms. 24. NOTICES, QUESTIONS, COMMUNICATIONS If you wish to contact Grounding Point, please direct all inquiries (except for claims of copyright infringement) to mindy@groundingpoint.com or telephone Grounding Point at (206) 357-8580. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above. LAST UPDATED: January 1, 2008 © Copyright 2008 Grounding Point LLC. All Rights Reserved. Back to top |
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