Last Updated: April 1, 2021
By using this website or downloading software (e.g., Prospect Tracker) from this website, you agree to the following terms and conditions. If you do not agree with these terms, simply do not download the software and do not use the site. We reserve the right to make modifications as we deem necessary at any time. It will be your responsibility to check these terms to see what changes have been made. By continuing to use this website, you indicate that you accept those changes.
The terms of an end-user license agreement accompanying a particular software download, template, or installation supersede (take the place of) the terms presented below.
Changes to Website and Terms
Linking to Our Content
We encourage you to link to the various web pages on taylorschulte.com from your website or blog, provided that your website does not contain content considered illegal, pornographic, harmful, etc. Unless otherwise indicated, you may link to a web page with a “.html” extension, but no other (e.g. not a “.php” extension). You do not have permission to link to a “.xls”, “.xlsx”, “.doc”, “.docx”, “.pdf”, “.gif”, or other such downloadable file from your website or blog.
Use of Our Content
All information, text, software, files, documents, graphics, photos, drawings, videos, music, sounds, and other content (collectively the “Content”) on our website are owned and copyrighted by Us or Our licensors or licensees. As such, the Content is protected by copyright, trademark, and other intellectual property laws.
We take copyright law very seriously, and routinely submit DMCA notices when other websites are found to be breaking the law.
You may download the Content to a single computer and print any number of paper copies for your personal and non-commercial use only, provided that you:
- retain all copyright, trademark, and propriety notices,
- do not create any derivative works from the Content,
- do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
- do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
You may not copy, reproduce, republish, display, sell, upload, post, disassemble, reverse-engineer, transmit, exploit or distribute the Content or any modified version of the Content in any way or for any other purpose unless you get our written permission first (which we rarely give). Neither may you add, delete, distort or misrepresent any content on this website. Any attempts to modify any Content, or to defeat or circumvent our security features is prohibited.
To be very specific, you are not allowed to post our Content to social networks or public galleries (such as Google Docs). However, you are welcome to recommend and discuss the Content and link to the appropriate page on taylorschulte.com.
We do not transfer title of the software or Content to you. That means that we retain full and complete title to the Content and to all of the associated intellectual property rights.
If you have any questions about how you may or may not use our Content, either for personal, educational, research, non-profit, or commercial purposes, please just Contact Us.
Please note, violation of this license may result in consequences in the “here-after” as well as prosecution to the full extent of the law.
Restrictions on Website Use
TS Consulting reserves the right to terminate access to any or all features of the website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
User’s Password Responsibilities
This website may allow you to create a user account. If you make your log-in information available to others, they will be able to view the information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. TS Consulting reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s or business’s username, trademark, password or other account information, or another person’s name, likeness, image or photograph. In addition, you agree that it is your responsibility to exit from your account at the end of each session. You are especially cautioned not to log in to your account when using any computer but your own (for security reasons).
Links to Other Websites
Receipt of Funds
In order to make subscribe and become a paid member of this website, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with your subscription and that you have all authority necessary to make a payment using the credit card or payment mechanism that you submit. By submitting such information, you grant TS Consulting the right to provide such information to third parties for the purposes of facilitating your payment. You acknowledge and agree that TS Consulting is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information.
Payment and Cancelation
Portions of the website or app may permit you to “Subscribe” or make payments. For subscriptions, you may provide notice of subscription cancelation at any time. Your subscription cancelation notice is effective upon the first day of the next monthly billing period, and you will continue to have access to the applicable content for the current monthly or annual billing period. Monthly and annual fees are paid in advance and are non-refundable. We do not provide partial refunds for portions of a month or year, even if you give notice of cancelation in the middle of a month or year. For example, if you sign up and pay for a subscription on 6/21, you will have access until 7/21 when you will be billed again unless you have canceled. As such, if you cancel on 6/22, you will not be charged again but will have access for that entire period you paid for. If you cancel on 7/22, you would have been charged the day before, but again will have access until 8/21. No refunds are available in these or any other situation.
While we take reasonable measures to protect your information, we cannot give an absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to TS Consulting, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of this website. You agree that TS Consulting is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Communicating with You
You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.
DISCLAIMER OF WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL THIS WEBSITE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL , SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF THIS WEBSITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TS CONSULTING. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME STATES DO NOW ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THIS WEBSITE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED TEN DOLLARS ($10.00) U.S. DOLLARS.
Governing Law and Statute of Limitations
Any claims relating to, and the use of, this website are governed by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and state courts of California, which will have exclusive jurisdiction for any action arising out of or relating to this website or your use of this website. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
No Class Actions
Contact Information & Notices
We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with us.
This website is operated by Taylor Schulte, 12526 High Bluff Drive, Suite 238, San Diego, CA 92130
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: admin[at]taylorschulte.com