Disclaimer
Effective Date: March 14th, 2024
Website: https://www.thestructuredapproach.com
This disclaimer ("Disclaimer") is applicable to the website listed above.
EFFECTIVE DATE: Effective Date above means the date this Disclaimer becomes
effective.
The use of this website and services on this website are provided by Fe Balista-Davis
(hereinafter referred to as "Company" or "Operator") and are subject to this Disclaimer.
Should you continue to use the website, the Company deems that as a manifestation of
your assent to this Disclaimer.
The parties to this Disclaimer are the Company and you, as the user of this website.
Hereinafter, the parties will individually be referred to as "Party" and collectively as
"Parties."
By continuing to use this website, you assent to each term and section contained in this
Disclaimer.
You hereby understand and acknowledge that the Company is not acting as an attorney,
certified financial planner, broker, or other regulated advisor through your use of the
website.
If you are in need of legal advice or financial advice, please consult the appropriate
advisor, such as your own attorney, accountant, or other professional.
You agree that your use of the website is at your sole and exclusive risk and that any
services provided by the Company are on an "As Is" basis. The Company hereby
expressly disclaims any and all express or implied warranties of any kind, including, but
not limited to the implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. The Company makes no warranties that the website will
meet your needs or that the website will be uninterrupted, error-free, or secure. The
Company also makes no warranties as to the reliability or accuracy, completeness, or
quality of any information on the website or obtained through any services. You agree
that the Company is not liable for any errors, omissions, loss or damage which may be
caused by your use of the website, to the fullest extent permitted by law. Any damage
that may occur to you, through your computer or mobile system, or as a result of loss of
your data from your use of the website is your sole responsibility.
The maximum liability of the Company arising from or relating to your use of the website
is limited to the greater of one hundred ($100) US dollars or the amount you paid to the
Company in the last three (3) months. This applies to any and all claims by you,
including, but not limited to, lost profits or revenues, consequential or punitive damages,
negligence, strict liability, fraud, or torts of any kind.
Documents, information, or other services received on or through this website may not
be appropriate for your particular situation, the assessment of which is your sole and
exclusive responsibility.
The Company makes no assurances to any particular outcome based on your use of the
website, including business or financial outcomes.
You agree that the website provided by the Company is the property of the Company,
including all copyrights, trademarks, trade secrets, patents, and other intellectual
property ("Company IP"). You agree that the Company owns all right, title and interest in
and to the Company IP and that You will not use the Company IP for any unlawful or
infringing purpose. You agree not to reproduce or distribute the Company IP in any way,
without express written permission from the Company.
You agree not to use the website for any unlawful purpose or any purpose prohibited
under this clause. You agree not to use the website in any way that could damage the
website or general business of the Company.
You further agree not to use the website:
1) To harass, abuse, or threaten others or otherwise violate any person's legal
rights;
2) To violate any intellectual property rights of the Company or any third party;
3) To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another;
4) To perpetrate any fraud;
5) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6) To publish or distribute any obscene or defamatory material;
7) To publish or distribute any material that incites violence, hate, or discrimination
towards any group;
8) To unlawfully gather information about others.
INDEMNIFICATION: You agree to defend and indemnify the Company and any of its
affiliates (if applicable) and hold us harmless against any and all legal claims and
demands, including reasonable attorney's fees, which may arise from or relate to your
use or misuse of the website, your breach of this Disclaimer or any of our other legal
documents, or your conduct or actions. You agree that the Company shall be able to
select its own legal counsel and may participate in its own defense if the Company
wishes.
Through your use of the website, you agree that the laws of North Carolina shall govern
any matter or dispute relating to or arising out of this Disclaimer, as well as any dispute
of any kind that may arise between you and the Company, with the exception of its
conflict of law provisions.
ARBITRATION: In case of a dispute between the Parties relating to or arising out of this
Agreement, the Parties shall first attempt to resolve the dispute personally and in good
faith.
If these personal resolution attempts fail, the Parties shall then submit the dispute
to binding arbitration. The arbitration shall be conducted in the county chosen by the
Company. The arbitration shall be conducted by a single arbitrator, and such arbitrator
shall have no authority to add Parties, vary the provisions of this Agreement, award
punitive damages, or certify a class.
The arbitrator shall be bound by applicable and
governing Federal law as well as the law of the following state: North Carolina. Each
Party shall pay their own costs and fees. Intellectual property claims by the Company
will not be subject to arbitration and may be litigated, as the sole exclusion to this
section. The Parties waive any rights they may have to a jury trial in regard to arbitral
claims.