Terms of Use

These Terms of Use are effective as of January 1, 2011 and are between you and the Ackert Advisory and its corporate affiliates (collectively, “us”, “we,” “The Ackert Advisory,” or “the Company”), with a principal place of business at 15165 Ventura Blvd., Suite 245, Sherman Oaks, CA 91403 for the use of the www.practiceboomers.com website and related websites and portals owned and controlled by the Company (collectively referred to as “the “Website”).  The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Website. The Company will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use.

License To Use Site

The Website is designed to provide its subscribers with professional business development education services and resources.  You may use the Website solely for personal and non-commercial purposes.  Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company.  Your right to use the Website is not transferable.  You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.

When you or your firm purchases Practice Boomers content from the Website, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner other than as specifically permitted by the Company. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially.

Subscriber Eligibility

You acknowledge that you are 13 years of age or older. Children under the age of 13 are not eligible to subscribe and are not allowed to visit or otherwise use our Website.

Privacy

Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which appears below.

Password

When you register as a Subscriber on www.practiceboomers.com, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party.  You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.  Your username and password are not transferable.

Credit Card Payments

If you provide a credit card for payment purposes, you hereby authorize the Company to charge all amounts owed to the Company hereunder, to the credit card or payment account you provide to the Company.  You shall additionally be responsible for and shall immediately pay the Company, on demand, any payments that are made to the Company that are subject to a subsequent reversal.  Questions regarding charges must be brought to the attention of the Company within sixty (60) days after the end of the questioned billing period.  Charges beyond sixty (60) days old are not subject to review.  Once purchased by you, products are non-refundable, except at the Company’s sole discretion.

User Conduct

You understand that the Website is available for your personal, non-commercial use only.  You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.  In addition, you agree not to use the Website to:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass or advocate harassment of another;
  • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Website;
  • Exploit people in a sexual or violent manner;
  • Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
  • Solicit personal information from anyone under 18 years of age;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
  • Promote an illegal or unauthorized copy of another party’s copyrighted work;
  • Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
  • Solicit money from others.

Copyright and Trademark

All content on the Website, and all products sold on the Website, including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company or a third party and protected by copyright.  All rights reserved.  No Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.  Any other use of the Company Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company, including without limitation PRACTICE BOOMERS, and the Practice Boomers logo.

Copyright Infringement Policy

The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of Subscribers who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 15165 Ventura Blvd., Suite 245, Sherman Oaks, CA 91403 Attn: Copyright Agent.  The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Subscriber Content

The Company does not claim any ownership rights in your profile, content or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Website or otherwise submit to the Company (collectively the “Subscriber Content”). You are solely responsible for the Subscriber Content that you post on or through the Website or otherwise submit to the Company.  You understand and agree that the Company may review and delete or remove any Subscriber Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Subscribers, the Company or others.

By posting Subscriber Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sub-licenses of the foregoing. You represent and warrant that your Subscriber Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of  any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You understand that all Subscriber Content is the sole responsibility of the person from whom such Subscriber Content originated, and that the Company does not control, and is not responsible for Subscriber Content made available through the Website, and that by using the Website, you may be exposed to Subscriber Content that is inaccurate, misleading, incomplete, or otherwise objectionable.  Subscriber Content does not necessarily represent the views of, nor should it be construed as an endorsement by, the Company.  You agree that you must evaluate, and bear all risks associated with, the use of any Subscriber Content, and that under no circumstances will the Company be liable in any way for any Subscriber Content or for any loss or damage of any kind incurred as a result of the use of any Subscriber Content posted or otherwise made available via the Website.  You acknowledge that the Company does not pre-screen, monitor or approve Subscriber Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Subscriber Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason.  The Company shall have no obligation to resolve disputes among Subscribers or monitor the accuracy or proper use of any Subscriber Content.

Content Disclaimer

You acknowledge that all content contained on this Website is for informational purposes only. The Company makes no claims and/or guarantees as to the effectiveness of the information contained herein.  The content is not intended to be a substitute for professional legal, accounting or financial services advice.  Always seek the advice of a qualified professional with any questions you may have regarding your finances, or any other information that is either contained in or referred to on the Website. Never disregard professional advice due to anything you have read on this Website.

The Company does not recommend, guarantee, test or endorse any third party procedures, opinions, or other information that is posted on the Website by individuals or entities other than the Company.  Reliance on any third party information posted on this Website, including without limitation Subscriber Content, is solely at your own risk.

The Website may feature interviews, information or other content from professionals.   The Company does not ensure the accuracy or endorse the conduct of these professionals. Accordingly, the Company assumes no responsibility, and disclaims liability of any kind, arising from the conduct of professionals on the Website, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy.

Additional Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided "AS IS, AS AVAILABLE" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise.  THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

The terms of this section shall survive any termination of the Terms.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST SUBSCRIBER. COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY SUBSCRIBER FOR SUCH PRODUCT OR SERVICE.

Applicable Law

This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Los Angeles, California.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Indemnification

Subscriber shall indemnify, defend, and hold harmless the Company and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Company may sustain or incur arising from (a) Subscriber's violation of these Terms of Use; (b) Subscriber Content posted by Subscriber; (c) Subscriber’s use of any products or information obtained via the Website, (d) Subscriber's failure to comply with any applicable laws and regulations, or (e) Subscriber's negligent act or omission, or willful misconduct.  The Company will provide Subscriber with: (i) prompt written notice of such claim of which the Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Subscriber's expense to settle and/or defend any such claim.  Notwithstanding the foregoing, Subscriber shall not settle any such claim, suit or proceeding without the written consent of the Company, which shall not be unreasonably withheld.

Termination

The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.

Notices

Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to The Ackert Advisory, 15165 Ventura Boulevard, Suite 245, Sherman Oaks, CA 91403.

Modifications to this Agreement

The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.

Entire Agreement.

This Agreement and our Privacy Policy (see below) contain the entire agreement between you and the Company with respect to this Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Assignment

The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, contact the Company at: The Ackert Advisory, 15165 Ventura Blvd., Suite 245, Sherman Oaks, CA 91403, ATTN: Terms of Use Agreement.

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Privacy Policy

Effective: January 1, 2011

Welcome to www.practiceboomers.com (the “Website”) and its related websites and portals owned and controlled by the Ackert Advisory, a California corporation (“we,” “us,” “Ackert,” or “the Company”).  This Privacy Policy (“Policy”) explains the type of information (“Information”) we collect from users and registered subscribers (“Subscribers”) of the Website, how that Information is used, how the Information may be shared with other parties, and what controls our Subscribers have regarding their Information. We encourage you to read this Policy as well as our Terms of Use (see above).  Any updates or modifications to this Policy will be posted on this page. By using or accessing the Website, you signify that you have read, understand and agree to be bound by this Policy and the Terms of Use.

Information We Collect

You may browse portions of our Website without providing us with personally identifiable information (“Personal Information”).  However, if you or your firm registers as a paid Subscriber of the Website, we may at that time request that you select a user name and password, and provide Personal Information, including your name, address, phone number(s), email address, credit card number and its expiration date, age, gender, and profession and/or industry niche.  When you submit Personal Information on the Website, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy.

We may also collect, store or accumulate certain non-personally identifiable information concerning your use of this Website, such as information regarding which of our pages, products or services are most popular. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees and partners.

Uses of Personal Information

We use Personal Information we collect to process your requests, authenticate website visits/usage, inform Subscribers of relevant services and products, fulfill orders, maintain and develop our Website, and communicate with you.  You always will be given the opportunity to unsubscribe from messages in any such messages we send you.

We may share your information: (i) In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us; (ii) When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of the Company, our Subscribers, or others; and in connection with our Terms of Use and other agreements; or (iii) In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Privacy and Security

Subscribers can change privacy settings and edit their personal information at any time by selecting the “Edit/Update” button found within the “My Account” section of the Website.

Protecting your Personal Information is a shared responsibility, so we encourage our Subscribers to keep their passwords and other sensitive information private and secure.  We use SSL (Secure Sockets Layer) encryption technology to safeguard the security of your Personal Information; however transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. You hereby acknowledge that we are not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

Cookies

In order to improve your user experience, we may use cookies. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of the Website. Our cookies do not generally contain any personally identifying information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, not accepting cookies may make certain features of the Website unavailable to you.

Children Under 13

This Website is targeted to adults.  We do not knowingly collect or solicit personal information from anyone under the age of 13.  If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address.  In the event that we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us at admin@practiceboomers.com.

Links to Third Party Websites

Our Website or emails may contain links to third party websites to which we have no affiliation.  We do not share your Personal Information with those websites and are not responsible for the privacy policies of any other website or their management of your Personal Information. We suggest you read the privacy policies on those third party websites.

Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of Company who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to

The Ackert Advisory
15165 Ventura Boulevard
Suite 245
Sherman Oaks, CA 91402
Attn: California Privacy Rights

Changes to this Privacy Policy

If any changes are made to this Policy, a notice will be posted as part of this Policy and on the Website, indicating the old and new content, as well as the date of the last update. Subscribers will also be notified of any changes by email.  Your continued use of the Website after the changes are posted constitutes your agreement to the changes.  If you do not agree to the changes, please discontinue your use of the Website.

If you have questions or comments about this Policy, please contact us at admin@practiceboomers.com or

The Ackert Advisory
15165 Ventura Boulevard
Suite 245
Sherman Oaks, CA 91402
Attention: Website Privacy