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TONEY BLOGS™ |
Last Updated: September 24, 2021
Please review carefully the Terms of Service.
OUR Terms of Service apply to the
following three websites:
https://www.toneystaxtips.com
https://www.toneyonmony.com
https://www.toneyshealthinsuranceblog.com
These Terms of Service and any additional terms that may be disclosed to
YOU for the services YOU select (“Terms”) is an agreement between the User of
the Services ("YOU", "YOUR") and Mark Toney, owner and
administrator of the above websites ("Toney Blogs", “US”, “OUR” or
“WE”) for YOUR use of the websites, mobile websites, applications and any other
products, services or tools that link to these Terms (“Services”). Links to any
third-party products, services or tools are governed by the third party's terms
of service.
By using the Services, YOU acknowledge that YOU have read and
are legally bound by these Terms, which expressly incorporate by reference OUR
Privacy Policy. If YOU do not agree to these Terms, please do not use the
Services. We reserve the right to modify or amend these Terms from time to time
without prior notice. YOUR continued use of the Services following the posting
of changes to these Terms will mean YOU accept those changes.
1. Intellectual Property
All the content featured or displayed on or through the Services,
including without limitation text, graphics, photographs, still images, moving
images, videos, sound, illustrations, and software (collectively, “Content”),
is owned by US, our licensors, vendors, agents, and/or content providers, as
applicable. All elements of the Services, including without limitation the
general design and the Content, are protected by trade dress, copyright, moral
rights, trademark and other laws relating to intellectual property rights. WE
reserve the right to track the usage of Content.
YOU may access copyrighted material available on the Services
for YOUR personal use only. Except as otherwise expressly permitted under
copyright law, no copying, downloading, redistribution, retransmission,
publication or commercial exploitation of any Content, in whole or in part, is
permitted without the express permission of US and/or the copyright owner. In
the event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. YOU acknowledge that YOU do not acquire any
ownership rights by downloading copyrighted material.
In using Content in accordance with this Agreement, YOU may not
(a) state or imply that WE are endorsing YOU, YOUR viewpoints or any of the
products or services that YOU or YOUR organization may provide, or (b)
represent that YOU or YOUR organization has a relationship with US or any of
the events, products or services that WE provides unless that relationship is
the subject of a written agreement between YOU and US.
YOU will not access any Content from the Services through any
technology or means other than the websites for the Services, the Embeddable
Player (as defined below), the Widgets (as defined below) or such other
explicitly authorized means as WE may designate.
All trademarks, service marks and trade names of OURS or third parties
used in the Services (including, but not limited to, Toney’s Tax Tips™, Toney
on Money™, Toney’s Health Insurance Blog™, and the “TONEY BLOGS™” T-Balloon favicon,
(collectively, the “Marks”) are trademarks or registered trademarks of OURS or our
licensors, vendors or content providers, as applicable. YOU may not use, copy,
reproduce, republish, upload, post, transmit, distribute or modify the Marks in
any way, including in advertising or publicity pertaining to distribution of
materials on the Services, without OUR prior written consent. The use of the
Marks on any other website or network computer environment is not allowed.
2. Embeddable Player
and Widgets
To the extent that WE may make available to YOU through the Services (or
otherwise) an embeddable player for viewing video and playing audio Content
from the Services (the “Embeddable Player”) and/or widgets to obtain access to
Content from the Services (“Widgets”), YOU agree as a condition to accessing
and using such items that:
YOU will not alter or modify any part of the Embeddable Player,
the Widgets or any of their related technologies.
YOU will include a prominent link back to the applicable website or Service on
the pages containing the Embeddable Player and/or Widgets, and YOU may not
modify, build upon or block any portion of the Embeddable Player and/or Widgets
in any way.
YOU will not use the Embeddable Player and/or Widgets for any commercial use,
without OUR prior written authorization. Prohibited commercial uses include any
of the following actions taken without OUR prior written approval: (a) sale of
access to the Services or their related services (such as the Embeddable Player
and Widgets) on another website; and (b) use of the Services or their related
services (such as the Embeddable Player and Widgets), for the primary purpose
of gaining advertising or subscription revenue.
3. User Submissions
The Services may now or in the future permit the submission and posting or
linking of media, text, audio and video recordings, photos, survey responses,
commentary or any other content submitted by YOU and other users (“User
Submissions”). YOU understand that whether or not such User Submissions are
published, WE do not guarantee any confidentiality with respect to any User
Submissions.
By submitting User Submissions through the Services, YOU hereby
grant US and OUR affiliates and partner organizations a worldwide,
non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable,
transferable license, with the right to grant and authorize sublicenses, to
use, reproduce, distribute, modify, adapt, prepare derivative works of, display
and publicly perform the User Submissions in connection with the Services or by
US for any purpose, including without limitation for promoting and
redistributing part or all of the Services (and derivative works thereof) in
any media formats and through any media channels now known or hereafter
discovered. YOU grant US and OUR affiliates and partner organizations the right
to use the name that YOU submit in connection with such User Submission if they
choose. YOU also agree to irrevocably waive any claims and assertions of moral
rights or attribution with respect to YOUR User Submissions. YOU also hereby
grant to each user of the Services a non-exclusive license to access YOUR User
Submissions through the Services, and to use, reproduce, distribute, prepare
derivative works of, display, and perform such User Submissions as permitted by
the functionality of the Services and these Terms.
YOU are solely responsible for YOUR own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
YOU represent and warrant that: (a) YOU own, or have the necessary licenses,
rights, consents, and permissions in the User Submissions, to authorize US to
use the User Submissions and grant the rights in this section; and (b) YOUR
User Submissions and the use of YOUR User Submissions by US, OUR affiliates,
partner organizations and successors, does not and will not (i) infringe or
violate the rights of any third party (including any intellectual property
rights), (ii) slander, defame or libel, or invade the right of privacy,
publicity or other property rights of any person, or (iii) violate any
applicable law or regulation.
4. Copyright
Infringement
If YOU believe that YOUR work has been copied in a way that constitutes
copyright infringement, please provide OUR Copyright Agent the following
information required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512:
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the DMCA please contact US on any
of the following blog-specific contact pages:
https://www.toneystaxtips.com/p/contact-us_23.html
https://www.toneyshealthinsuranceblog.com/p/contact-us.html
https://www.toneyonmoney.com/p/contact-us.html
5. Services – Creating a User Account
Some of the Services may require or allow YOU to create/receive a password and
account designation. YOU are responsible for maintaining the confidentiality of
any such password, account, and information displayed in the account profile. YOU
are fully responsible for all activities that occur under YOUR password or
account. If YOU allow third parties to access the Services through YOUR
username and password, YOU will defend and indemnify US and OUR owners, agents,
affiliates, partner organizations, successors and assigns from and against any
liability, costs or damages arising out of claims or suits based upon or
relating to such access and use. YOU agree to immediately notify US of any
unauthorized use of YOUR password or account or any other breach of security
related to the Services of which YOU are aware.
6. Unlawful or
Prohibited Use
As a condition of YOUR use of the Services, YOU will not use the Services for
any purpose that is unlawful or prohibited by these Terms or is otherwise
prohibited under applicable law. YOU may not use the Services in any manner
that could damage, disable, overburden, or impair the Services or interfere
with any other party’s use and enjoyment of the Services. YOU may not attempt
to gain unauthorized access to any Services. YOU agree not to circumvent,
disable or otherwise interfere with security-related features of the Websites
or features that prevent or restrict use or copying of any content or enforce
limitations on use of the Services or the Content therein.
YOU agree that YOU will not use any bot, crawler, harvester,
indexer, robot, spider, scraper or any other automated means to access,
compile, read or gather content from the Services automatically.
Additionally, YOU agree that YOU will not: (a) take any action
that, in our sole discretion, imposes, or may impose an unreasonable or
disproportionately large load on our infrastructure; (b) interfere or attempt
to interfere with the proper working of the Websites or any activities
conducted on the Services; or (c) bypass any measures we may use to prevent or
restrict access to the Services.
7. Links
Links to Third-Party Websites. From time to time, the Services may contain
links to other websites that are not owned, operated or controlled by US. All
such links are provided solely as a convenience to YOU. If YOU use these links,
YOU will leave the Services (or Websites) containing the link. We are not
responsible for any content, materials or other information located on or
accessible from any other website, including, but not limited to, any content
that violates restrictions applicable to US. We also are not responsible for
any products or services that YOU buy from third-party websites or any
donations made through those websites.
WE do not endorse, guarantee or make any representations or
warranties regarding any other websites, or any content, materials or other
information located or accessible from any other websites, or the products or
services that YOU may obtain from using any other websites or how any donations
YOU make through such websites will be used. If YOU decide to access any other
websites linked to or from the Services, YOU do so entirely at YOUR own risk.
Links to OUR Services. By creating a link to any portion of the
Services, YOU agree to be bound by the following terms. YOUR compliance with
these terms, as the same may be revised from time to time in OUR sole
discretion, is a prerequisite to YOUR continued right to link to the Services:
YOU may not insert any intermediate page, splash page or other
content between the link and the applicable page from the Services or create a
frame around the information provided from the Services or present it in any
way other than it is presented on the Services;
The posting of a link to the Services is not an endorsement by US of YOU, YOUR
viewpoints or any of the products or services that YOU or YOUR organization may
provide. When linking to the Services, YOU may not state or imply that WE (or
any of OUR affiliates or partner organizations) is endorsing YOU, YOUR
viewpoints or any of the products or services that YOU or YOUR organization may
provide;
YOU shall not use any portion of the Content of the Services to carry on
propaganda or otherwise attempt to influence legislation within the meaning of
Section 4945(d)(1) of the Internal Revenue Code;
WE assume no liability or responsibility whatsoever for any Content of any
other website that is linked to the Services; and
WE reserves the right to terminate any links to the Services as it deems
necessary, with or without cause or warning. If WE choose to exercise this
right, YOU will be required to remove YOUR link to the Services immediately.
8. Disclaimer of
Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE NOR ANY
OF OUR RESPECTIVE OWNERS, AGENTS, CONTRACTORS, LICENSORS OR ASSIGNEES
(COLLECITVELY, THE “REPRESENTATIVES”) WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT
SHALL WE OR THE REPRESENTATIVES BE LIABLE TO YOU FOR ANY PERSONAL INJURY,
PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY
FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF
ACTION ARISING OUT OF USE OF THE SERVICES OR ANY ALLEGED FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN
SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER
VIRUS PERTAINING TO OR ON THE SERVICES. YOU AGREE THAT THIS LIMITATION OF
LIABILITY APPLIES WHEREVER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, OR NEGLIGENCE UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF
THE BASIS UPON WHICH LIABILITY IS CLAIMED. IF APPLICABLE LAW DOES NOT ALLOW ALL
OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE
LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
WE and the Representatives disclaim any and all liability of any
kind for any unauthorized access to or use of YOUR personally identifiable
information. By accessing the Services, YOU acknowledge and agree to OUR
disclaimer of any such liability. If YOU do not agree, YOU should not access or
use the Services.
9. Indemnification
YOU agree to indemnify, defend and hold harmless US and the Representatives
from and against any and all losses, damages, liabilities and costs of every
nature incurred by any of them in connection with any claim, damage or loss
related to or arising out of: YOUR use of the Services; any assistance or
services provided by US or the Representatives to YOU; any alleged unauthorized
use of the Services by YOU; or any breach or alleged breach by YOU of these
Terms. YOU agree to cooperate fully in the defense of any of the foregoing. WE
reserve the right, at OUR own expense, to control exclusively the defense of
any matter otherwise subject to indemnification by YOU and YOU will not settle
any matter without our prior written consent. YOUR obligation to indemnify,
defend and hold harmless shall be limited to the extent that YOU are afforded
sovereign immunity under applicable federal, state or local laws. In such cases
where YOUR obligation to indemnify may be limited due to the requirements of
federal, state or local laws, YOU shall be responsible for the ordinary
negligent acts and omissions of YOUR agents and employees causing harm to
persons not a party to these Terms.
10. Release
In the event that YOU have a dispute with one or more other users of the
Services, YOU release US and the Representatives from any and all claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
11. Applicable Law and
Jurisdiction
Unless otherwise noted, the Services are controlled and operated from OUR
offices in the State of Georgia. By accessing the Services, YOU agree to be
bound by the terms and conditions of this agreement which is governed by and
construed in accordance with the laws of the State of Georgia, without giving
effect to any conflict of laws principles. All activity occurring in connection
with the Websites (including, but not limited to, accessing pages, downloading
materials, etc.) is presumed to occur in the State of Georgia.
In connection with any suit, action or proceeding arising from
or relating to these Terms, YOU consent to the exclusive jurisdiction of the
federal and state courts within the State of Georgia, Bibb County.
12. Electronic
Communications; Binding and Entire Agreement
YOU agree that (a) these Terms constitute an agreement “signed by YOU” under
applicable law; (b) any notices or other communication regarding YOUR use of
the Services may be provided to YOU electronically (by posting on the website,
by email, and other electronic formats) and will be considered received upon
posting or other distribution. These Terms (including the Privacy Policy)
constitute the entire agreement between YOU and US and supersede all other
agreements, oral or written, concerning its subject matter. YOU consent to the
use of the English language in these Terms and all documents or notices
relating to them and YOUR use of the Services.
13. Severability
If any of these Terms is determined to be invalid, void or unenforceable for
any reason, then the unenforceable provision will be deemed amended in a manner
that will most nearly carry out the intent of the provision to the fullest
extent permitted by applicable law or deleted if amendment is not possible, and
the remaining Terms will be enforceable to the fullest extent permitted by law.
14. No Waiver
OUR failure to enforce these Terms in every instance in which they might apply
is not a waiver of any of OUR rights, and WE reserve OUR right to take all
legal steps available to enforce these Terms. Termination will result in cancellation
of all rights of access and use of Services.
15. Termination of
Services and Survival
We reserve the right to terminate any of the Services at any time without
notice for any reason, including without limitation for misuse of the Services
in any way or inappropriate, unlawful, or unsafe behavior, as determined in our
sole discretion. The Disclaimer of Warranties and Limitation of Liability,
Indemnification, Release and Applicable Law and Jurisdiction provisions of
these Terms and Conditions shall survive any such termination. If these Terms
expire or are terminated for any reason, the provisions which by their nature
should continue after termination, such as, Intellectual Property Rights,
Applicable Law and Jurisdiction and Severability.
16. Contact
If YOU have questions about these Terms and Conditions, please contact US on
any of the following blog-specific contact pages:
https://www.toneystaxtips.com/p/contact-us_23.html
https://www.toneyshealthinsuranceblog.com/p/contact-us.html
https://www.toneyonmoney.com/p/contact-us.html
Disclaimer
Our Websites, Toney’s Tax Tips™, Toney on Money™, Toney’s Health Insurance Blog™, contain original content from our Editor, but also pertinent tax, financial and health insurance & health industry information that is curated from third-party sources. The Websites are a public resource of information, which is intended at the time it is posted - but not promised or guaranteed - to be correct and up to date. The information should not be viewed as actual tax, insurance and/or financial advice, and is not representative of a client relationship. The information on this site may not be relied on for the purpose of avoiding any federal tax penalties. You are encouraged to seek tax, insurance, and/or financial advice from an independent advisor.
Click on the following link to see our Privacy Policy.
