Terms of Use

Acceptance of Terms and Conditions

Welcome to EconoWhiner.com which provides a collection of online resources, including but not limited to blog posts, forums, and polls! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using this service, accessing, browsing and/or using this Internet Site www.EconoWhiner.com and all Content available therein (the “Site”), you hereby agree to be bound by this Agreement and its terms and conditions, including any future amendments (collectively, the “TOU” or “Agreement”).

This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may use this Site. The Content of this Site contains information in the form of text, data and other materials created by and relating to www.EconoWhiner.com, and its publisher WordJEMS Inc. (“EW”) in addition to various third party content (collectively the “Content”).

The terms of this Agreement may have changed since your last visit to the Site. We reserve the right to amend the terms of this Agreement at any time or to modify any features of this Site at any time without notice to you, and you agree to be bound by such changes. We recommend that you review this Agreement each time you access the Site to determine if any changes have been made.

Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. You can find the most current version of the TOU at www.EconoWhiner.com. Unless explicitly stated otherwise, any new features or functionality of EW (including, without limitation, video, audio and related projects) shall be subject to this User Agreement.

We reserve the right to change, restrict access to, suspend or discontinue the Site, or any portion of the Site at any time, with or without notice. You agree that EW shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

If you do not accept the terms and conditions of this Agreement, do not use this Site. Additionally, if you object to any terms or conditions of the TOU, any guidelines, or any subsequent modifications to the TOU, or if you become dissatisfied in any way with the Service, your only recourse is to immediately discontinue use of the Site. Your continued usage of the Site will mean that you accept and agree to adhere to all such terms, conditions, and policies.

Legal Disclaimer

The Contents of this Site contain information regarding EW for the convenience of EW users and other interested users. The Content of this Site is provided only for informational purposes. EW endeavors to maintain the Content of the Site in an accurate and up to date fashion, however, EW makes no guarantee nor any warranty is made as to the accuracy of the Content. All content is subject to change.

As the Content is for general informational purposes only, the Content is not offered for nor should be construed as advice, including but not limited to investment or legal advice, or a substitute for consultation with legal counsel or investment professionals for specific advice.

Disclaimer of Warranties

THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NEITHER EW, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS (COLLECTIVELY “EW PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE.

NONE OF THE EW PARTIES WARRANT OR GUARANTEE THAT THIS SITE WILL BE FREE OF INTERRUPTION OR MALFUNCTION DUE TO COMPUTER EQUIPMENT FAILURE OR OTHER REASONS, BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT AND DEVICES.

ANY OF THE CONTENT USED OR DOWNLOADED BY YOU FROM THE SITE IS SOLELY AT YOUR OWN RISK AND ANY DAMAGE THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT FROM THE SITE SHALL BE SOLELY YOUR RESPONSIBILITY AND ANY LOSS OF DATA OR EQUIPMENT THAT RESULTS.

Limitation of Liability

IN NO EVENT WILL ANY OF THE EW PARTIES BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE CONTENT OR RELIANCE UPON THE CONTENT OF THIS SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, SYSTEM LINE FAILURE OR SYSTEM FAILURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOSS OF PROFITS OR ANY OTHER DAMAGES.

Access to Site

EW may alter, suspend, or discontinue this Site for any reason without notice or cause.

Copyright

You hereby acknowledge that the Content of this Site is protected by copyrights and other proprietary rights. All Content is and shall remain the property of EW and/or its licensors. No modification, transmission, publication, sale, transfer, copy or derivative work creation, distribution, performance, display, any other exploitation or any other use of the property that is or may be a violation of the copyrights of EW in the Content of this Site may be made by you.

You must abide by all additional copyright notices or restrictions contained in this Service. Nothing on the Site may be copied or repurposed without permission, unless explicitly stated otherwise.

All Content is hereby copyrighted by WordJEMS Inc.

Copyright © 2008 WordJEMS Inc. All rights reserved.

Trademark

WordJEMS Inc., EconoWhiner.com, and the WordJEMS Inc. and EconoWhiner.com logos are all trademarks and servicemarks of WordJEMS Inc. (collectively “WordJEMS Marks”). WordJEMS Inc. or our licensors may have additional trademark rights in other marks contained in the Content.

Northing contained in the Site grants any express or implied right to use any of the WordJEMS Marks or the trademarks of third party licensors without the prior written consent of WordJEMS/EW or any of their licensors. Any and all goodwill generated by the trademarks will inure to the benefit of WordJEMS Inc.

Linking and Framing

These Linking Terms & Conditions apply to all links to EconoWhiner.com posted on third-party web sites. You do not need prior approval to include a link to EconoWhiner.com unless you use an EW logo to do so. You must, however, comply with these simple Linking and Framing terms & conditions. By posting a link to EconoWhiner.com on a web site you agree to comply with these Linking and Framing terms & conditions. If you do not agree to these Linking and Framing terms & conditions, do not link to EconoWhiner.com from any site.

You may link to any page on EconoWhiner.com; however if you link to any page other than the home page, you agree as follows:

EconoWhiner.com contains sections of the site that are registration-based site sections. If you link to content that is not in a "free-access" area of the web site, the end user may be required to sign in prior to accessing that content. We recommend including a "free registration required" statement as part of these links.

The nature of the content on EconoWhiner.com is subject to frequent updates. You are responsible for ensuring that your link remains accurate and active. Accordingly, you must monitor your link and modify it if the link breaks or the content is removed or changed.

You may not "frame" our content nor employ any other method that causes the content to appear to be part of your web site nor any site or service other than EconoWhiner.com without EW’s written permission. At all times, when our content is served, the location bar must display only the URL of the appropriate web page on EconoWhiner.com.

You may not use any link, nor link to us from any web site or web page containing material, that:

• infringes or otherwise violates any copyright, trademark, patent, trade secret or other intellectual property right
• is libelous, defamatory or invasive of any right of publicity or privacy or other personal right
• is misleading or inaccurate or constitutes false or deceptive advertising
• is obscene, indecent, harassing or otherwise objectionable in the sole discretion of EW
• violates any applicable law, rule or regulation; or
• disparages, or reflects negatively upon, EW or EconoWhiner.com.

EW reserves the right to require you to discontinue all or any links maintained by you at any time. In such event, you must immediately remove the link(s) from your web site.

You acknowledge that EW disclaims all express and implied warranties regarding any linked site and their contents, including but not limited to warranties of title, non-infringement or that arise from course of dealing, and agree that in no event shall EW be liable to you under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages based upon or relating to the linking.

Cookies

EW does not use Cookies at the present time. In the future, however, users to this Site may be issued a "cookie," a small text file placed on the user’s hard drive to track usage of the Site. Cookies help to prevent you from having to register or re-enter your information every time you visit the Site. Cookies are also used to authenticate your identity. Cookies from our Site provide us with certain information about your computer, but will not interfere with the operation of your computer. EW may use cookies to gain knowledge of Internet usage, improve content and advertisements.

Some cookies that are issued may contain your personally identifiable information, and such cookies may be shared with the affiliates of EW.

If you would like to avoid cookies, your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Site may not properly function.

Hyperlinks

We may post hyperlinks to the Web sites of third-party web sites (“Third Party Sites”). We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them. We advise you to take the time to educate yourself about the privacy policy and terms of use of any Web site that you visit.

EW does not control or endorse Third Party Sites, and as such disclaims any responsibility for the content of any Third Party Site.

You assume complete responsibility in your use of any external site. You should direct any concerns regarding any external link to its site administrator or webmaster.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Copyright Complaints

If you believe that this Site contains any Content that infringes your copyright, please contact our designated agent for claims of copyright infringement. You should include the following information in your correspondence:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, agent or law;
• A statement by you, made under the pains and penalties of perjury that the above information in your notice is accurate and that you are duly authorized to act on behalf of the copyright owner or duly authorized to act on the copyright owner’s behalf.

EW’s designated agent is: jfraser@econowhiner.com or Jill Fraser, WordJEMS Inc., P.O. Box 1266, Montauk, NY 11954.

IRS Circular 230

Any Content associated with United States tax matters contained in the Site Content is not intended or authorized to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to a third party any transaction or other matter. The foregoing language is intended to satisfy the requirements under the regulations in Section 10.35 of Circular 230.

Children’s Online Privacy

Consistent with the Children’s Online Privacy Protection Act ("COPPA"), this Site is not intended for use by anyone under the age of 13. EW does not knowingly collect personal information from children through this Site, or any of its Web sites. Minors between the ages of 13 and 17 must obtain the permission of their parents or legal guardians before making purchases of any type on this Site.

Blog Terms and Conditions

The following terms and conditions apply when you view access, contribute to or otherwise use the blogs associated with the Site (“Blogs”). These Blog Terms and Conditions supplement all other terms and conditions contained herein, which remain in full force and effect and binding upon you.

Any Blogs are provided for informational purposes only. The opinions that appear on any of the Site Blogs are the opinions of the individual author(s) only and may not reflect the opinions of EW, its parents or affiliates.

EW reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site or any Blog of the Site. EW is not responsible for the content of user comments and any other third-party content. You understand that EconoWhiner.com does not monitor or control third-party content (including, without limitation, comments, postings, or any viruses or disabling features). Nor does EW have any obligation to monitor such third-party content. TO THE FULLEST EXTENT POSSIBLE, EW DISCLAIMS ALL RESPONSIBILITY FOR THIRD-PARTY CONTENT, WHICH MAY, BY ITS VERY NATURE, CARRY OFFENSIVE, INACCURATE, MISLEADING, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE MATERIAL.

You understand that all postings, messages, text, files, images, photos, video, sounds or other materials (“Content”), posted on, transmitted through, or linked from the Site or any Site Blogs, are the sole responsibility of the person from whom such Content originated. More specifically, you understand that you are entirely responsible for your own submissions and the consequences of posting or publishing them.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

In connection with each of your submissions, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and post or publish this submission on EW. You further affirm that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including private and publicity rights, unless you are the owner of such rights or you possess permission from their rightful owner to post the material, and you further agree not to conduct any activity that infringes on the copyright trademark, service mark or patent of any person or entity.

You further agree that you will not submit material that is offensive, indecent, inaccurate, misleading, a personal attack or otherwise objectionable, in ways that may include but are not limited to being obscene, defamatory, libelous, threatening, pornographic, harassing, or hateful. You will not submit information that you know to be confidential or sensitive or otherwise in breach of the law. You will not post advertisements or solicitations of business. You will not post links to other web sites, except in those cases in which the link will be pertinent to the EW site and a blog post, forum, discussion, or comment. The Service reserves the right to remove any links that are posted at its discretion.

You agree not to interrupt, or attempt to interrupt, the operation of the blogs in any way. Unauthorized use or modification of any information stored on the blogs may result in criminal and/or civil prosecution under federal, state and local law. You may not use the blogs for anything other than a lawful and legitimate purpose, nor use the blogs in violation of local, state, national or international laws, and you will not submit material that encourages any other person to violate such laws. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the blogs.

You agree that you will not pose as another person or allow any other person or entity to use your identification for posting or viewing comments. You will not distribute software viruses or other harmful computer code. You will not post the same or virtually the same note more than once, engage in “spamming,” submit irrelevant content, or otherwise disrupt the flow of dialogue. You will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or engage in conduct that exposes EW or its visitors to liability or detriment of any kind.

Please note that once you post a comment on the EW website, it will become part of the public conversation. You acknowledge that you have no expectation of privacy with regard to any submission to an EW Forum. It is advisable that you do not post comments that you will later regret since we will not remove your comments simply because you have a change of heart about making them. You agree that no content submitted by you will include a photograph of another person that you have posted without that person’s consent.

You understand that by posting material on EconoWhiner.com, you are granting to EW royalty-free, perpetual, nonexclusive, unrestricted, worldwide rights to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.

Additionally, entries that are unsigned or contain “signatures” by someone other than the actual author may be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or any other policies governing this site.

EW reserves the right to remove any user submission entirely at its discretion, including for alleged violations of terms of service.

We expect that you will exercise caution, common sense, and proper judgment when using EconoWhiner.com. If you disagree with any material you find on the EW Site, we recommend that you respond by noting your disagreement in civil terms in an appropriate forum or comment posting. We also invite you to bring to our attention any material you believe to be factually inappropriate or in violation of the Service’s Terms of Use Agreement by contacting us at: concerns@econowhiner.com. If at any time you become dissatisfied with the content of EW, please immediately discontinue your use.

You understand and agree that the blog comment areas are to be used only for non-commercial purposes. This blog prohibits any actions to solicit funds, promote commercial entities or otherwise engage in commercial activity through the blog comment function.

General legal terms

Either party may terminate the Service at any time. EW may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, under any circumstances, including if User breaches any of the terms or conditions of this Agreement. All provisions of this Agreement, which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Please review our Privacy Policy with regard to the use of personal and identifying information by the Service. Notwithstanding any of the foregoing, nothing in this Agreement will serve to preempt the promises made in the Privacy Policy.

This Agreement, as modified from time to time, constitutes the entire agreement between you and EW, as well as between you and WordJEMS Inc., EW’s parent company, with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

Thank you for your cooperation with and agreement to EconoWhiner.com’s Terms and Conditions of Use.