Please read the following TCU carefully before using SpartanWealth.com.
- Purpose of the Terms and Conditions of Usage. Spartan Wealth Management, Inc. owns SpartanWealth.com along with all affiliated subdomains (collectively the “SWM” or “We”), which is a website for Spartan Wealth Management and its clients. The person or persons using this SWM, including without limitation, website users, bloggers and moderators, whether compensated or uncompensated are referred to herein individually or collectively as a “user(s) or “you.”
- Reserved Rights. We reserve the right to revise and amended these TCU any time and from time to time without prior notice to users and along with other terms and conditions provided within the web pages of this SWM (collectively referred to as “TCU”). Changes to these TCU shall become effective immediately upon uploading such changes to the SWM. SWM users are responsible for periodically checking this SWM for updates and revisions to the TCU.
- SWM Does Not Provide Financial or Tax Advice. SWM’s Content (as defined below), is provided for informational purposes only. SWM’s Content is not intended to be a substitute for professional financial or tax (i) advice, (ii) consultation, or (iii) planning. We recommend that users always seek professional financial, tax and legal advice, consultation and planning when making any financial and tax decisions. Users need to be aware that SWM does not recommend or endorse any specific investment, financial strategy, insurance product or company, any other product, service, plan, opinion, belief, or any other information which may be mentioned on the SWM’s website.
- Children’s Privacy. SWM is committed to protecting the privacy of children. SWM is not intended or designed to attract children under the age of thirteen (13). Children under the age of thirteen (13) are not eligible to use SWM, and we ask that minors (between the ages of thirteen (13) and (18)) do not use SWM or submit any personal information on SWM without adult parental supervision.
- SWM’s Content. SWM’s Content includes without limitation, text, articles, information, communications, data, databases, statistics, layout, designs, graphics, images, illustrations, logos, process or processes, photographs, products, forms, reference materials, tools, forums, User Works (as defined below), surveys, polls, charts, newsletters, emails, links, External Links (as defined below), and may even contain advertising provided on or through SWM’s website (collectively the “Content”). Content maybe provided by SWM’s website, its members, directors, employees, forum moderators, independent contributors, users, or others, any of which may be licensed financial, tax and legal professionals (collectively the “Contributors”). As stated in Section 4 above, users should not rely on SWM’s website’s Content as it is not intended to serve as financial, tax or legal advice, nor as a recommendation for any financial investment or tax planning. Users which interpret Content on SWM as a recommendation do so at their own risk.
- SWM’s website’s Content is Intellectual Property and Protected by Law. SWM’s website’s Content is protected by copyright, trademark and other laws of the United States, as well as the international conventions, treaties and the laws of other countries. All Content is owned by or licensed to SWM’s website, or the party credited on SWM as the provider or the owner of such Content. SWM’s website provides its users with a limited license to view and download a single copy of the material from SWM’s website solely for personal and non-commercial use only after including the following copyright: “©Copyright 2018, SPARTAN WEALTH MANAGEMENT, INC.; All Rights Reserved,” on user’s downloaded copy along with any other copyright and proprietary rights and notices which are contained in the downloaded Content.
- Right to Takedown Content. SWM shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny access to any user who fails to conform to any provision of these TCU.
- Limitation on Usage. All Content viewed, copied, downloaded, modified, printed or otherwise used by users is subject to the following terms and conditions:
- SWM allows RSS feed usage or linking. However, users of SWM have no permission to take, use, modify, or alter such RSS feeds in a way which will violate copyright, trademark, or, any other property rights of the owner of such property;
- As provided in Section 7 above, users are provided a limited license to use SWM’s website’s content for personal, but NOT for commercial use or any other non-personal use;
- Notice of any proprietary, copyright, trademark, service mark or mark shall be kept intact, and no modification(s) is or are permitted in any form whatsoever, and all copyright or other proprietary notices must appear in all copies made and used by the user; and
- SWM’s website strictly prohibits its user from disrupting SWM’s website or causing a nuisance on SWM’s website, including without limitation, any user transmitting any unlawful, copyrighted, trademarked, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material, which could constitute or encourage conduct that could be considered a criminal offense or violate any laws. Further, users agree not to use any Content or resources available on or through SWM’s website to perpetrate prohibited, illegal, or abusive conduct, whether against SWM’s website, its affiliates, its owners or any other third party.
- Notices and Procedures for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to SWM’s website’s designated agent listed below (“Notice”). SWM respects the intellectual property of others, and we ask all users and visitors to do the same. SWM’s website will process and investigate notices of alleged infringement and will take all appropriate actions under the Digital Millennium Copyright Act as amended (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, SWM’s website will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. User’s which believe that their work has been copied in a way that constitutes copyright infringement, should provide Notice SWM’s website with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work which is claimed to be infringed;
- a description of where the material claimed to be infringed is located on SWM’s website;
- the user’s address, telephone number, and email address and all other information reasonably sufficient to permit SWM’s website to respond to such notice;
- a statement which provides that you the user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you the user, under penalty of perjury, declare that the above information in user’s Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement shall be submitted to the following designated agent for MomMD:
Subject: Spartan Wealth Management Inc
By mail: Spartan Wealth Management, Inc. Legal Division
By Email: stever@SpartanWealth.com
(Please include “Notice of Infringement” in the subject line.)
USERS SHOULD TAKE NOTE THAT USERS WHICH KNOWINGLY MISREPRESENT A DMCA CLAIM BY FALSELY STATING THAT ANY ONLINE MATERIAL IS INFRINGING WHEN THERE IS NO ACTUAL INFRINGMENT MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES. THESE PENALTIES INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY MOMMD, OR BY ANY OTHER COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON SUCH MISREPRESENTATION. USERS MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
- SWM’s website’s Public Areas. Users may use SWM’s website public areas, including without limitation SWM’s website’s websites, blogs, newsgroups, message boards, emails, forums, conferences and chats rooms, bulletin boards, blogs, or other member communities (collectively the “Public Areas”), and user are solely responsible for their own User Works (as defined in Section 11(b)) communicated in such Public Areas and the consequences of posting such User Works, and their own reliance on any other party’s User Works found in the Public Areas. SWM’s website shall not responsible for the consequences of any User Works in the Public Areas. If a user feels threatened or believe someone else is in danger, then user should contact its local law enforcement agency immediately. In consideration of being allowed to use SWM, including without limitation the Public Areas, all users agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Users agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to user being immediately and permanently banned from using SWM’s website (and user’s service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. Users agree that SWM’s website’s webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit.
- Users agree that their User Works (as defined in Section 11(b)) may be stored in SWM’s website’s database;
- Users shall not use SWM in violation of local, state, national, or international laws;
- Users shall not post any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Users shall not post any material which is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing statements or information about other person or entity on SWM’s website, as determined by SWM’s website in its sole discretion;
- Users shall not post advertisements or solicitations of business on SWM’s website;
- After receiving a warning, users shall not continue to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed on SWM’s website;
- Users shall not post chain letters or pyramid schemes on SWM’s website;
- Users shall not Impersonate any another person on SWM’s website;
- Users shall not distribute viruses or other harmful computer code on SWM’s website;
- Users shall not harvest or otherwise collecting information about SWM’s website others, including email addresses, without their identification for posting or viewing comments; consent;
- Users shall not allow any other person or entity to use user’s identification for posting or viewing comments on SWM’s website;
- Users shall not post the same information more than once or “spamming” on SWM’s website; or
- Users shall not engage in any other conduct that restricts or inhibits any other person from using or enjoying SWM’s website, or which, in the judgment of SWM’s website, exposes SWM’s website or any of its customers or suppliers to any liability or detriment of any type.
SWM’s website reserves the right (but is not obligated) to do any or all of the following:
- Record Content and dialogues in public chat rooms;
- Investigate an allegation that a User Works (as defined in Section 11(b)) do(es) not conform to the terms of this Section 10 and determine in its sole discretion to remove or request the removal of the User Works;
- Remove User Works which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions;
- Terminate a user’s access to any or all Public Areas and/or SWM’s website upon any breach of these Terms and Conditions;
- Monitor, edit, or disclose any User Works in the Public Areas; and
- Edit or delete any User Works posted on SWM’s website, regardless of whether such User Works violate these standards.
SWM’s website reserves the right to take any action it deems necessary to protect the personal safety of SWM’s website’s guests or the public.
- User Submissions and User Provided Information (“User Works”).
- Users shall not upload or transmit any User Works (as defined in Section 11(b)) of any type to any Public Area, which infringes or violates any rights of any other party. By submitting User Works to the Public Areas, users agree that such submission is non-confidential for all purposes. Any user which submits any business information, idea, concept or invention to SWM’s website by email agrees that such submission is non-confidential for all purposes;
- Users which submit any communication, text, articles, information, data, databases, statistics, layout, designs, graphics, images, illustrations, logos, process or processes, photographs, products, forms, reference materials, tools, job listings, physician and hospital information, surveys, polls, charts, video(s), personal information which may include a user’s private health information, ideas, concept or inventions, whether copyrighted, trademarked or patented (collectively “User Works’) to SWM’s website, by any means, including without limitation, posting to SWM’s website Public Areas whether submitted by posting directly to SWM’s website, or by submitting such User Works to SWM’s website by email, mail or facsimile hereby grant SWM’s website, a royalty free, perpetual, irrevocable, world-wide, nonexclusive right and license to: (i) use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Works in all forms of media and in any format, now known or hereinafter created; (ii) grant sublicenses to the User Works to third parties; and (iii) transfer, sell, or lease the User Works to third parties. Any User Works which are not intended to be treated as SWM’s website Content should not be posted on SWM’s website or submitted to SWM’s website by any other means.
- User’s which submit User Works to SWM’s website automatically and immediately grant and warrant that they are the owner of such User Works and expressly grant SWM’s website a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Works or content in any media or medium, or any form, format, or forum now known or hereafter developed. SWM’s website may sublicense its rights through multiple tiers of sublicenses.
- User’s shall indemnify SWM’s website against any third party claims related to User Works uploaded and posted on SWM’s website which infringe on another party’s intellectual property. User shall indemnify SWM’s website for all losses, damages, liabilities and all reasonable expenses (including reasonable attorneys’ fees) and costs incurred by SWM’s website in any such claim, action, suit or proceeding.
- SWM’s website does not and cannot review all User Works and shall not in any manner be responsible for the content created by SWM’s website’s uses or user submissions and user provided User Works. Users acknowledge that while SWM’s website provides users with the ability to view and distribute user generated content on SWM’s website, SWM’s website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submitted content or activities on SWM’s website. Statements made in Public Areas reflect only the views of the user and not that of SWM’s website.
- SWM’s website reserves the right to block or remove User Works which it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to SWM’s website at its sole discretion.
- Users which register on any part of SWM’s website agree that they will provide true, accurate, current and complete personal information as requested in the registration process/inquiry. Users also agree to update such personal information as often as necessary in order to maintain its accuracy. Users which provide any information which is untrue, inaccurate, not current or incomplete, or if SWM’s website has reason to believe such information is untrue, inaccurate, not current or incomplete, then SWM’s website has the right in its sole and complete discretion to suspend or terminate such user’s account or use and refuse the user any or all current and future use of any of portion of SWM’s website, or the services of SWM’s website.
- Passwords. SWM’s website provides several tools and resources in which users may record and store User Works and other information. Examples of such tools and resources are SWM’s website forums, which is a resource tool which allows users to voluntarily record on SWM’s website’s servers User Works which may include personal and private health information. SWM’s website’s forums are structured to allow access only to visitors with a valid password. Users are responsible for taking all reasonable steps to ensure that no unauthorized person(s) shall obtain access to user’s SWM’s website passwords or accounts or account information. Users are charged with the sole responsibility to (1) control the dissemination and use of user activation codes and passwords; (2) authorize, monitor, and control access to and use of user’s SWM’s website account and password; (3) promptly inform SWM’s website of any need to deactivate a password. User’s grant SWM’s website and all other persons or entities involved in the operation of SWM’s website the right to transmit, monitor, retrieve, store, and use user’s information in connection with the operation of SWM’s website. SWM’s website cannot and does not assume any responsibility or liability for any User’s lost or misplaced SWM’s website’s password’s or for the unauthorized use of a user’s Password.
- Third Party Links. In an attempt to provide increased value to SWM’s website’s visitors, SWM may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (individually and collectively, the “External Sites”). However, even if the third party is affiliated with SWM’s website, SWM’s website has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SWM’s website. SWM’s website has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External SWM’s website links are only for user’s convenience and therefore users which access these linked sites, enter at their own risk. Offers and promotions from External Sites are subject to change without prior notice. External Sites Links do not imply that SWM’s website sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such external Sites. Nonetheless, SWM’s website seeks to protect the integrity of its SWM’s website and the links placed upon it and therefore requests any feedback on not only its own SWM’s website, but for sites it links to as well (including if a specific link does not work). Users should contact SWM’s website administrator for those external Sites if there are any concerns regarding such links or the content located on such External Sites.
- WAIVER, RELEASE AND LIMITATION OF LIABILITY.
- USERS AGREE THAT THEIR USAGE OF SWM SHALL BE AT THEIR SOLE RISK AND THAT ALL OF THE CONTENT, USER WORKS, PRODUCTS AND SERVICES ON SWM’S WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND SWM’S WEBSITE, ITS LICENSORS, SUCCESSORS AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTYS’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHICH ARE OR MAY BECOME APPLICABLE.
- IN ADDITION, SWM’S WEBSITE DISCLAIMS ALL REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SWM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO SWM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF SWM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SWM’S WEBSITE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, INCLUDING WITHOUT LIMITATION USER WORKS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SWM’S WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SWM’S WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SWM’S WEBSITE.
- SWM’S WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SWM’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SWM’S WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- IN NO EVENT SHALL SWM’S WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SWM’S WEBSITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE CONTENT, USER WORKS, OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM SWM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SWM OR THROUGH THE SITES, CONTENT, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITATION OF THE FOREGOING, SWM ASSUMES NO OBLIGATION TO REVIEW AND EVALUATE, AND EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR YOUR USE OF, ANY INDIVIDUAL, FIRM OR COMPANY LISTED ON, LINKED FROM, OR MADE AVAILABLE THROUGH THE SITE.
- In the event that you have a dispute with one or more other users of the website or with any other third party arising from your use of information obtained from the website, you release SWM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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, including without limitation, any intellectual property dispute or any dispute over the payment of the challenge.
- Typographical Errors. In the event a SWM’s website product or service is listed incorrectly due to typographical error, then SWM’s website shall have the right to refuse or cancel any product or service which is listed incorrectly.
- Governing Law. This TCU will be governed by and construed in accordance with the laws of the State of Michigan, irrespective of what is known as choice of law or conflict of laws principals.
- This TCU is Admissible in a Judicial Proceeding. A printed version of this TCU and any notice given to user by SWM’s website (whether in electronic or written form) shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this TCU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- SWM’s website is an Equal Opportunity Employer. SWM’s website reserves the right to post information about employment opportunities with SWM’s website on SWM’s website. SWM’s website is an equal opportunity employer, employing people without consideration to race, sex, religion, nationality, age or disability. SWM’s website does not discriminate in any manner.
- Severability. If any provision in this TCU is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this TCU.
- Entire TCU. This TCU constitutes the entire TCU among SWM’s website and its users and contains all of the TCUs among said SWM’s website and users with respect to the subject matter hereof. This TCU supersedes any and all other TCUs, either oral or written, between SWM’s website and it users with respect to the subject matter hereof.
Thank you for your cooperation. We hope you find SWM’s website helpful and convenient to use! Questions or comments regarding SWM, including any reports of non-functioning links, should be submitted using SWM’s Contact Us Form.
Last Updated 9/1/2018