“Firstly,” you should know that The Owner of this site; Brian Schnabel is a participant in certain associate type Programs. These are affiliate advertising programs designed to provide a means for site owners like Brian to earn advertising fees by linking to other websites; receiving payments from businesses for promoting their products and/or services.
Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the BrianSchnabel.com Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the BrianSchnabel.com, acceptance is expressly limited to these terms.
The fee based products and services provided on this Website are available only to individuals who are at least 18 years of age unless otherwise stated. If you are not yet 18 years old, you may continue using the Website but BrianSchnabel.com will only provide available products and services requiring a fee to those individuals who are 18.
The information found in all public areas of this website are free to both Website owners and individual users, unless otherwise stated.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on the BrianSchnabel.com website are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership to any of the information, products or services, whether modified or unmodified, on this website. All information, products and services are the property of BrianSchnabel.com. The information, products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall BrianSchnabel.com (or any business or individual associated with BrianSchnabel.com) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use the information, products or services on/through this website.
Fees and Payment.
By selecting any of the paid services or products available on the Website you agree to pay BrianSchnabel.com the one time, monthly or annual fees indicated for that service. With regard to services; Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Product and service fees are not refundable, unless otherwise stated.
Responsibility of Website Visitors.
BrianSchnabel.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BrianSchnabel.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to BrianSchnabel.com. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to BrianSchnabel.com. BrianSchnabel.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
BrianSchnabel.com has not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and WebPages to which BrianSchnabel.com links, and that link to BrianSchnabel.com. BrianSchnabel.com does not have any control over those non-BrianSchnabel.com Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-BrianSchnabel.com Website or webpage, BrianSchnabel.com does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BrianSchnabel.com disclaims any responsibility for any harm resulting from your use of non-BrianSchnabel.com Websites and WebPages.
Copyright Infringement and DMCA Policy.
As BrianSchnabel.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BrianSchnabel.com violates your copyright, you are encouraged to notify BrianSchnabel.com. BrianSchnabel.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BrianSchnabel.com or others, BrianSchnabel.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, BrianSchnabel.com will have no obligation to provide a refund of any amounts previously paid to BrianSchnabel.com.
This Agreement does not transfer from BrianSchnabel.com to you any BrianSchnabel.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BrianSchnabel.com. BrianSchnabel.com, the BrianSchnabel.com domain, the BrianSchnabel.com logo, and all other trademarks, service marks, graphics and logos used in connection with BrianSchnabel.com, or the Website are trademarks or registered trademarks of BrianSchnabel.com or BrianSchnabel.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BrianSchnabel.com or third-party trademarks.
BrianSchnabel.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BrianSchnabel.com may also, in the future, offer new products, services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
BrianSchnabel.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BrianSchnabel.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such an account can only be terminated by BrianSchnabel.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from BrianSchnabel.com’s notice to you thereof; provided that, BrianSchnabel.com can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on BrianSchnabel.com’s Website are provided ‘as is’. BrianSchnabel.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BrianSchnabel.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will BrianSchnabel.com, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BrianSchnabel.com under this agreement during the twelve (12) month period prior to the cause of action. BrianSchnabel.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless BrianSchnabel.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
Brian Matthew Schnabel owns and operates this website (BrianSchnabel.com) and is committed to the privacy and security of visitors’ information. The following is a statement of privacy practices:
- Your personal information is not required to visit BrianSchnabel.com
- Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on BrianSchnabel.com and during the ordering process
- Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. Your IP address is automatically collected as traffic data so that information can be sent back to you when requested. This is not used to identify your personal information.
- Referrers are references to the web address you linked from and is automatically passed along by your web browser. Referrers are collected which your browser automatically sends as part of traffic data. This is not attached to personally identifiable information.
- System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.
- Your information is maintained on a secure web server in what is believed to be a well protected environment.
- BrianSchnabel.com only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
- BrianSchnabel.com makes every effort to preserve your privacy, personal information may be disclosed when required by law where a good-faith belief is held that such action is necessary to comply with a judicial proceeding, court order or legal process.
BrianSchnabel.com relies on “cookie” technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.
This Web site contains links to other sites. Please be aware that BrianSchnabel.com and its owner are not responsible for the privacy practices of such other sites. Visitors are encouraged to be aware when they leave the BrianSchnabel.com site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This website’s owner takes every precaution to protect visitor’s information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.
If visitors have any questions about the security on BrianSchnabel.com, feel free to contact Brian Matthew Schnabel at phone number (973) 862-4683 for more information.
Correcting, Updating, Deleting & Deactivating Personal Information
If a visitor’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a visitor no longer desires services through this website, a way is provided to correct, update or delete/deactivate personally identifiable information. This can usually be done at the ‘Your Account’ page or by contacting Brian Matthew Schnabel at phone number (973) 862-4683.
Notification of Changes
If, however, we are going to use visitors’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for at least 30 days.