Terms of Service and Conditions of Use
The following describes the Terms of Service and Conditions of Use
for insightresources.com.au.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR
WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF
YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR
WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL,
SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH
NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR
OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. INSIGHT RESOURCES AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT
NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. INSIGHT RESOURCES AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and
Conditions of Use. Please read them carefully.
insightresources.com.au (and other "internal" websites stemming from
it, such as specific membership sites or webpages pertinent to the main
website or weblog) is an online (and, periodically, offline) information
service and is subject to your compliance with the terms and conditions
set forth below (all parts and parties collectively referred to as our
website).
Any other policies, notices, or other legal/administrative pages
contained in our website are necessarily incorporated into these Terms
of Service and Conditions of Use. This may include, without limitation,
a Privacy Policy, Copyright Notice, and Anti-Spam Policy.
You agree to obey all applicable laws and regulations regarding your use
of insightresources.com.au and the content and materials provided in
it.
Our website is an independent, stand-alone entity that has no
relationship, connection, or affiliation whatsoever with any company,
person, outfit, organization, or group mentioned herein, even if such
name appears in our website name, domain, URL, or otherwise. You should
assume no other party, by mere mention of their name, has endorsed
anything you see here. The aim is simply to provide useful resources for
our readers, some of which we may be compensated for. You should simply
assume at all times we are being compensated and, while that may not
prompt us to make unsound recommendations, you should always be
responsible for your own financial decisions, be it investing,
purchasing, donating, or otherwise.
1. Use of our website
Children under 18 are not allowed to use our website and access our
services. It is not our intention to offer products or services to
minors.
You agree, acknowledge, and accept that we are not trained professionals
and do not purport to render professional or expert advice in any arena.
Data contained on or made available through insightresources.com.au
is not intended to be, and does not constitute, legal advice. Our
website, and your use of it, does not create an attorney-client
relationship. We do not warrant or guarantee the accuracy, adequacy, or
recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended
to be, and does not constitute, medical or health advice. Our website,
and your use of it, does not create a physician-patient relationship. We
do not warrant or guarantee the accuracy, adequacy, or recency of the
data contained in or linked to our website.
Data contained on or made available through our website is not intended
to be, and does not constitute, financial/investing advice. Our website,
and your use of it, does not create an advisor-client relationship. We
do not warrant or guarantee the accuracy, adequacy, or recency of the
data contained in or linked to our website.
Your use of insightresources.com.au or materials linked to our
website is completely at your own risk. You should not act or depend on
any data on our website, where applicable, without seeking the counsel
of a competent lawyer licensed to practice in your jurisdiction for your
particular legal issues. You should not act or depend on any data on our
website, where applicable, without seeking the counsel of a competent
physician licensed to practice in your jurisdiction for your particular
medical issues. You should not act or depend on any data on our website,
where applicable, without seeking the counsel of a competent financial
advisor licensed to practice in your jurisdiction for your particular
financial needs and issues.
We may make changes to the features, functionality or content of our
website at any time. We reserve the right in our sole discretion to edit
or delete any data appearing on our website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial
benefit. In no way are you to leverage our website in a way that mines
for the personal information of others, whether in blog comments or
otherwise, for your own use or for the benefit of others. This includes,
but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you
shall not share this with anyone else.
Restricted access
Access to certain areas of insightresources.com.au may be
restricted. We reserve the right to restrict access to other areas of
our website, or indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you
to access restricted areas of our website or other content or services,
you must ensure that that user ID and password is kept confidential. You
may not share your user ID and/or password with anyone for any reason,
either directly or indirectly. You accept responsibility for all
activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if
you breach any of the policies or terms governing your use of
insightresources.com.au or any other contractual obligation you owe
to us.
Third-Party Products/Services
You understand that, except for information, products or services
clearly identified as being supplied by Insight Resources, Insight
Resources does not operate, control or endorse any information, products
or services on the Internet in any way. Except for information
identified by Insight Resources as such, all information, products and
services offered through our website or on the Internet generally are
offered by third parties that are not affiliated with our website, and
we may be compensated.
Viruses, etc
You also understand that Insight Resources cannot and does not guarantee
or warrant that files available for downloading through our website will
be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to our website for the reconstruction of
any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND
THE INTERNET. INSIGHT RESOURCES PROVIDES OUR WEBSITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND INSIGHT RESOURCES
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. INSIGHT RESOURCES DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. INSIGHT
RESOURCES HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content on insightresources.com.au may contain inaccuracies or
typographical errors. Insight Resources makes no representations about
the accuracy, reliability, completeness, or timeliness of the content or
about the results to be obtained from using our website or the content
on it. Use of our website and the content is at your own risk. Changes
are periodically made to our website, and may be made at any time.
INSIGHT RESOURCES DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE
ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR
WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, INSIGHT RESOURCES IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL INSIGHT RESOURCES, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE, EVEN IF INSIGHT RESOURCES OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE.
BECAUSE SOME LOCATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH LOCATIONS, LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR
AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH INSIGHT RESOURCES
AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR
WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE
AVAILABLE.
Links to Other Websites
Our website contains links to third party websites. Insight Resources
makes no representations whatsoever about any other website which you
may access through insightresources.com.au or which may link to this
website. When you access a website from our website, please understand
that it is independent from our website, and that Insight Resources has
no control over the content on that website. These links are provided
solely as a convenience to you and not as an endorsement by Insight
Resources of the contents on such third-party websites. Insight
Resources is not responsible for the content of linked third-party
websites and does not make any representations regarding the content or
accuracy of material on such third party websites. If you decide to
access linked third-party websites, you do so at your own risk. We do
not necessarily endorse, recommend, suggest or otherwise make any
overture or prompt for action regarding any product or service offered.
You should assume we are compensated for any purchases you make. Any
income claims should be construed as atypical results and you assume the
risk that inferior results obtain, including losses, for which we carry
no responsibility or liability.
User Submissions
As a user of insightresources.com.au, you are responsible for your
own communications and are responsible for the consequences of their
posting. You must not do the following things: post material that is
copyrighted, unless you are the copyright owner or have the permission
of the copyright owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others; post material
that is obscene, profane, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user of our website or any other
person or entity; post a sexually-explicit image; post advertisements or
solicitations of business; post chain letters or pyramid schemes; or
impersonate another person.
Insight Resources does not represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted by other users of
our website or endorse any opinions expressed by users of our website.
You acknowledge that any reliance on material posted by other users of
our website will be at your own risk.
Insight Resources does not necessarily screen communications in advance
and is not responsible for screening or monitoring material posted by
users of our website. If observed by Insight Resources and/or notified
by a user of communications which allegedly do not conform to this
agreement, Insight Resources may investigate the allegation and
determine in good faith and its sole discretion whether to remove or
request the removal of the communication. Insight Resources has no
liability or responsibility to users of our website for performance or
nonperformance of such activities. Insight Resources reserves the right
to expel users of our website and prevent their further access to our
website for violating this agreement or any law or regulation, and also
reserves the right to remove communications which are abusive, illegal,
or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much
personal information about themselves, in a way that seems innocuous, if
not proper and expected. However, more than a few folks have already
lived to regret personal information that was shared either by them or
others. This has long been true of simple email. It is exponentially
true of social websites and applications for social media on any other
website, including this one. You are cautioned against carelessly
disclosing information.
2. Indemnification
You agree to indemnify, defend and hold harmless Insight Resources, its
members, officers, directors, employees, agents, licensors, suppliers,
joint venture partners, and any third party information providers to our
website from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any use of our
website or violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing our website.
3. Third Party Rights
The provisions of paragraphs 1 (Use of our website), and 2
(Indemnification) are for the benefit of Insight Resources and its
owners, officers, directors, employees, agents, licensors, suppliers,
joint venture partners, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its/their
own behalf.
4. Term; Termination
We reserve the right to investigate complaints or reported violations of
these Terms of Service and Conditions of Use and to take any action we
deem appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any data necessary or appropriate to such
persons or entities relating to your profile, email addresses, usage
history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by Insight
Resources without notice at any time for any reason. The provisions of
paragraphs 1 (Use of our website), 2 (Indemnification), 3 (Third Party
Rights), 5 (Hiring an Investment Advisor, Attorney, or Medical or Other
Professional / No Attorney-Client Relationship or Fiduciary Capacity),
and 6 (Miscellaneous) shall survive any termination of this Agreement,
in whole or in part.
5. Hiring an Investment Advisor, Attorney, or Medical or Other
Professional / No Attorney-Client Relationship or Fiduciary Capacity
Choosing a lawyer, doctor, or investment advisor is a serious matter and
should NOT be based solely on data contained on our website or in
advertisements.
The law is constantly changing and the data may not be complete or
accurate depending on your particular legal issue. Each legal issue
depends on its individual facts and different jurisdictions have
different laws and regulations. This is why you should seriously
consider hiring licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and
psychological factors. Never should a website be used as a source of
diagnosing or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just one
factor to consider before making any investments or financial decisions.
For these, and other, reasons, you should look to the guidance of a
trained professional, not a website.
You may send us email, but in no instance will this communication in any
way be construed as initiating an attorney-client relationship, or other
professional relationship, and so the contact should not include
confidential or sensitive data because your communication will not be
treated as privileged or confidential.
6. Miscellaneous
Governing Law
This Agreement shall be treated as though executed, set in force, and
performed in the State of Queensland. Accordingly, it shall be governed
and construed in accordance with the laws of Queensland in terms of
those applicable to agreements, without regard to conflict of law
principles.
Disputes
Any cause of action by you with respect to insightresources.com.au
must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the
limitations set forth in these Terms of Service and Conditions of Use.
Any legal claim arising out of or relating to these Terms of Service and
Conditions of Use or our website, excluding intellectual property right
infringement and other claims by us, shall be settled confidentially
through mandatory binding arbitration per applicable commercial
arbitration rules. The arbitration shall be conducted in Queensland.
Each party shall bear one half of the arbitration fees and costs
incurred, and each party shall bear its own lawyer fees. All claims
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party.
Modification
Neither the course of conduct between the parties nor industry trade
practice shall act to modify any provision of this Agreement.
Assignability
Insight Resources may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be
interpreted as to its fair meaning and not strictly for or against any
party. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party (i.e. – "contra preferentum") shall
not apply in interpreting these Terms of Service and Conditions of Use,
as the Agreement shall be construed as having been co-authored by the
parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held
invalid or unenforceable, that portion shall be construed as much as
possible consistent with applicable law and severability shall apply to
the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in
conflict or inconsistent with these Terms of Service and Conditions of
Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and
Conditions of Use shall not be deemed a waiver of the provision nor of
the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall
survive any termination of this agreement.
Any rights not expressly granted herein are reserved to Insight
Resources.
CHANGE NOTICE: As with any of our administrative and legal notice pages,
the contents of this page can and will change over time. Accordingly,
this page could read differently as of your very next visit. These
changes are necessitated, and carried out, in order to protect you and
our website. If this page is important to you, you should check back
frequently as no other notice of changed content will be provided either
before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on this
website, including this one, have been diligently drafted by an
attorney. We have paid to license the use of these legal notices and
administrative pages for your protection and ours. This material may not
be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the
contents of this page, or simply wish to reach us for any other reason,
you may do so by using our contact information
on this website.
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