Terms of use

General

This website (the “Site”) is owned and operated by Adam Luke Foster Consulting d/b/a “adamlukefoster.com” (“COMPANY”, “we”, or “us”). By using the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

Intellectual property rights

Our limited license to you

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your license to us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text, or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire”. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire”, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on linking and framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorised COMPANY representative while acting in his/her official capacity.

The information, products, and services offered on or through the Site and by COMPANY and any third-party sites are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site or the servers that make it available are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

You agree at all times to defend, indemnify, and hold harmless COMPANY, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Site, including our blogs, emails, products, or services, or third-party materials, products, or services made available through the Site or by us in any way, even if we are advised beforehand of the possibility of such damages. If you are dissatisfied with the Site, any materials, products, or services on the Site, or with any of the Site’s Terms of Use, your sole and exclusive remedy is to discontinue using the Site and the products, services, and/or materials.

COMPANY is not an investment advisory service, is not an investment advisor, and does not provide personalised financial advice or act as a financial advisor. We exist for education purposes only, and the materials and information contained herein and in our products and services are for general informational purposes only. None of the information provided by us is intended as investment, tax, accounting, or legal advice, as an offer or solicitation of an offer to buy or sell, or as an endorsement, recommendation, or sponsorship of any company, security, or fund. Our information should not be relied upon for purposes of transacting in securities or other investments.

We do not offer or provide tax, legal, or investment advice and you are responsible for consulting tax, legal, or financial professionals before acting on any information provided by us. The Site is continually under development and COMPANY makes no warranty of any kind, express or implied, as to its accuracy, completeness, or appropriateness for any purpose.

You acknowledge and agree that no representation has been made by COMPANY or its affiliates and relied upon as to the future income, expenses, sales volume, or potential profitability that may be derived from the participation in this Service.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Refund policy

Your purchase of a product or service may not provide for any refund. Each specific product or service will specify its own refund policy.

Other

The Directive on Copyright in the Digital Single Market of 2019 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under European Union copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the Directive on Copyright in the Digital Single Market shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Directive on Copyright in the Digital Single Market permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by Directive on Copyright in the Digital Single Market. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: adam@adamlukefoster.com.

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

These Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and any dispute shall be subject to binding arbitration in the Federal Republic of Germany. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer

Although it is highly unlikely, this policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Site.

If you have any questions or concerns regarding our privacy policy please direct them to: adam@adamlukefoster.com.

© 2020 Adam Luke Foster

Terms of use

General

This website (the “Site”) is owned and operated by Adam Luke Foster Consulting d/b/a “adamlukefoster.com” (“COMPANY”, “we”, or “us”). By using the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

Intellectual property rights

Our limited license to you

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your license to us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text, or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire”. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire”, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on linking and framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorised COMPANY representative while acting in his/her official capacity.

The information, products, and services offered on or through the Site and by COMPANY and any third-party sites are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site or the servers that make it available are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

You agree at all times to defend, indemnify, and hold harmless COMPANY, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Site, including our blogs, emails, products, or services, or third-party materials, products, or services made available through the Site or by us in any way, even if we are advised beforehand of the possibility of such damages. If you are dissatisfied with the Site, any materials, products, or services on the Site, or with any of the Site’s Terms of Use, your sole and exclusive remedy is to discontinue using the Site and the products, services, and/or materials.

COMPANY is not an investment advisory service, is not an investment advisor, and does not provide personalised financial advice or act as a financial advisor. We exist for education purposes only, and the materials and information contained herein and in our products and services are for general informational purposes only. None of the information provided by us is intended as investment, tax, accounting, or legal advice, as an offer or solicitation of an offer to buy or sell, or as an endorsement, recommendation, or sponsorship of any company, security, or fund. Our information should not be relied upon for purposes of transacting in securities or other investments.

We do not offer or provide tax, legal, or investment advice and you are responsible for consulting tax, legal, or financial professionals before acting on any information provided by us. The Site is continually under development and COMPANY makes no warranty of any kind, express or implied, as to its accuracy, completeness, or appropriateness for any purpose.

You acknowledge and agree that no representation has been made by COMPANY or its affiliates and relied upon as to the future income, expenses, sales volume, or potential profitability that may be derived from the participation in this Service.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Refund policy

Your purchase of a product or service may not provide for any refund. Each specific product or service will specify its own refund policy.

Other

The Directive on Copyright in the Digital Single Market of 2019 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under European Union copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the Directive on Copyright in the Digital Single Market shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Directive on Copyright in the Digital Single Market permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by Directive on Copyright in the Digital Single Market. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: adam@adamlukefoster.com.

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

These Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and any dispute shall be subject to binding arbitration in the Federal Republic of Germany. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer

Although it is highly unlikely, this policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Site.

If you have any questions or concerns regarding our privacy policy please direct them to: adam@adamlukefoster.com.

© 2020 Adam Luke Foster
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