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PRIVACY POLICY and TERMS AND CONDITIONS OF USE

PRIVACY POLICY 

Thank you for visiting this web site. We take your privacy very seriously and understand the importance our visitors and Internet users place on privacy.  This Privacy Policy describes how we use personal information that is collected at this web site and incorporates by reference our Terms and Conditions of Use (below) as if set forth fully herein.

Please read this Privacy Policy and our Terms and Conditions of Use before using this site or submitting any personal information. By using this web site, you accept the privacy practices contained in this Privacy Policy and our Terms and Conditions of Use. These privacy practices may change from time to time, but any changes will be posted. You are encouraged to review the Privacy Policy whenever you visit the web site to make sure you understand how any personal information you provide will be used.

This website is controlled and operated in the United States of America.  We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other jurisdictions do so on their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. While we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.

WHAT WE COLLECT AND HOW WE COLLECT IT?

In order to serve our customers, Business M.O., LLC and Business Confidential Now (collectively “Company”) collects personally identifiable information, like names, addresses, phone numbers, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors. We will only use your personal information for the following purposes: (1) to deliver the products and/or services to you that you have requested; (2) to validate your compliance with the Terms and Conditions of Use and Terms and Conditions of Sale; (3) for content improvement and feedback purposes; and (4) to reach you, when necessary, regarding your use of our web site or product(s).

As a visitor to our sites, you can engage in many activities without providing any personal information. In connection with other activities, such as accessing a free download, purchasing product and/or registering for a webinar, we may ask you to provide certain information about yourself, or your business, by filling out and submitting an online form. It is completely optional for you to engage in these activities.  If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit it to us.

WHAT ARE COOKIES / CLEAR GIFs AND HOW ARE THEY USED?

Cookies: Like many other commercial sites, our site utilizes standard technologies called “cookies” and clear GIFs to collect information about how our site is used. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a website recognize a user’s browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a website other than the one that set the cookie. A cookie cannot pass on a computer virus or capture any of the personally identifiable information that resides on your computer.

Clear GIFs: At times, we work with third-party service partners that employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit to help us measure marketing effectiveness. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear GIFs are not tied to your personally identifiable information and only track the visitor traffic and behavior to and on our site.

Clear GIFs can “work with” existing cookies on a computer if they are both from the same website or advertising company. That means, for example, that if a person visited “www.companyX.com”, which uses an advertising company’s clear GIF, the website would match the clear GIFs identifier and the advertising company’s cookie ID number, to show the past online behavior for that computer. This collected information can be shared with the advertising company. We do, at times, provide such information to our third-party advertising service partners, but that information can only be used by our partner for our benefit and never includes personally identifiable information.

HOW IS THE COLLECTED INFORMATION USED?

This information is used to facilitate the transaction you have initiated and for internal marketing purposes only. The Company does not sell, exchange, or voluntarily release your personal information (name, e-mail address, mailing address, credit data, etc.)

The information you provide when making a purchase or registering for a program, for example, will be shared with payment processors, financial gateways, including your bank and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out your transactions. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

We use your information to customize and enhance your website experience with us. We use this information to administer our sites and to understand and measure traffic patterns on the sites so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked for us by our technology services providers by using “cookies” during your visit.

We also may use your personal information to manage and monitor your purchases with us; communicate with you; resolve disputes; troubleshoot problems; inform you of offers that we, or third parties that we have an affiliate relationship has to offer to you, to detect and protect against error, fraud, or other criminal activity; and enforce our Terms and Conditions of Use.

Except as otherwise provided by this policy we will not intentionally disclose personally identifiable information to any third party without your prior permission. If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by e-mailing us at vipservice@businessmo.com, or simply unsubscribe from receiving future e-mails with the link at the bottom of each e-mail.

EXCEPTIONS TO THE PRIVACY POLICY

We reserve the right to disclose any record or communication to any third party when we, in our sole discretion, determine in good faith that the disclosure is appropriate under applicable U.S. law. 

We also reserve the right to release current or past user information:

(a)          if we have reason to believe that our site is being or has been used to commit unlawful acts;

(b)          if we receive a properly authorized and authenticated governmental request for information, including but not limited to a subpoena or court order;

(c)           in response to an investigation of fraud or other wrongdoing regarding a specific consumer; or

(d)          in an effort to safeguard the person or property of our employee(s) or a third party.

The site contains links to third party websites, for examples sponsors, booksellers, or affiliates that may offer products or services that our customers might find useful, and their privacy policies may be different from the one that governs this website. These third party sites may also request information from you directly. In such instances, the collection and use of your personal information will be governed by the privacy policy applicable to that third party site. We do not control those privacy policies, contents or links that appear on the third party sites. We encourage you to review their privacy policies before providing any of them with your personal information.

TERMS AND CONDITIONS OF USE

By accessing and using this site, you acknowledge and agree to these terms of use. These Terms and Conditions of Use are subject to change at the sole discretion of The No Nonsense Lawyer and Business M.O., LLC  (collectively “Company”) at any time without notice. By using this site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. Your continued use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult these Terms and Conditions of Use each time you use this website.

If at any time you choose not to accept these terms of use, please do not use this site or any of our other sites.  Discontinue use immediately.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY

  1. NO ATTORNEY-CLIENT RELATIONSHIP.   Even though Hanna Hasl-Kelchner is an attorney, the information provided in this website does not constitute the rendering of legal services, and no attorney-client relationship is formed between her, the Company and you by virtue of your accessing or using this material.  Neither this site nor any of the products or resources on it the site are a substitute for independent legal advice regarding your specific situation from an attorney licensed in your jurisdiction.  It is merely legal information for educational purposes.  Business M.O., LLC is not a law firm. If you need specific legal advice consult with a local attorney. ACCEPTING AND/OR READING THE INFORMATION ON THIS WEBSITE, ENROLLING IN ANY OF THE PROGRAMS OFFERED BY THIS WEBSITE, AND/OR PURCHASING OR DOWNLOADING ANY PRODUCTS FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU, YOUR BUSINESS OR ANYONE DIRECTLY OR INDIRECTLY RELATED TO YOU OR YOUR BUSINESS (COLLECTIVELY “ALL Y’ALL”), AND THE COMPANY.   The services described on this website are only offered in jurisdictions where they may be legally offered. 
  1. DISCLAIMER AND LIMITATION OF LIABILITY. ANY LEGAL INFORMATION CONTAINED ON THIS WEBSITE IS TO THE BEST OF THE COMPANY’S KNOWLEDGE ACCURATE; BUT, IN NO WAY GUARANTEES THAT YOU WILL NEVER BE SUED. WE ALSO CANNOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TORJAN HORSES OR OTHER CODE THAT MANIFEST CONTAIMINATING OR DESTRUCTIVE PROPERTIES.  ALTHOUGH WE DO OUR BEST TO MAKE SURE SUCH PROPERTIES DO NOT EXIST IN THE DOWNLOADS OR ON OUR SITE, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET AND MUST IMPLEMENT SUFFICIENT SAFEGUARDS.  WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY MISTAKES OR INACCURACIES IN THE CONTENT ON THIS SITE, OUR PRODUCT, OR OUR PROGRAMS SINCE THE LAW DIFFERS FROM JURISDICTION TO JURISDICTION AND MAY BE SUBJECT TO INTERPRETATION BY DIFFERENT COURTS OF LAW.  THE INFORMATION PROVIDED BY THE COMPANY IS “AS IS.”  THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONTENTS PROVIDED BY THE SITE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  AND ANOTHER THING, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTIAL, OR PUNATIVE DAMAGES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE INFORMATION CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, OR FOR ANY DIRECT OR INDIRECT DAMAGES OR SUMS PAID BY ALL Y’ALL TO THIRD PARTIES AS A RESULT OF ANY LEGAL CLAIM.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, BREACH OF ANY STATUTORY OR COMMON LAW RIGHT OR DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, AND THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.  USERS OF THIS SITE ARE RESPONSIBLE FOR THEIR OWN COMPLIANCE WITH APPLICABLE STATE, FEDERAL, LOCAL AND INTERNATIONAL LAWS. WE’RE NOT KIDDING HERE.
  1. The Company is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those directly offered by the Company at this website, do not imply the endorsement or approval of such websites, products, services or publications by the Company.Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at info@businessmo.com. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our sites, and to require termination of any such link to any of the sites, at our discretion at any time.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at info@businessmo.com. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our sites, and to require termination of any such link to any of the sites, at our discretion at any time.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of the Company or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

  1. OWNERS AND COLLECTORS OF INFORMATION. If you access the site as a visitor, you will not be required to provide personally identifiable information. However, in order to subscribe or download any of our products or special offers you will be required to submit certain information (“Information”) subject to our Privacy Policy. You also represent that the Information you supply is accurate and up to date at the time it is provided and that we may rely on it. We reserve the right to void, suspend and/or terminate all orders, subscriptions, and other download requests and user access if the Information is inaccurate, deceptive, and/or incomplete.
  1. CONFIDENTIALITY AND NON-COMPETE. You acknowledge and agree that passwords, pass codes and any other information identified as confidential is proprietary to the Company and that divulging the same to unauthorized users would cause irreparable harm to the Company.  You therefore agree to treat as strictly private and confidential any username, user ID, or password, or similar unique identifier that grants access to a restricted area on the website that you may received from the Company, including all the information accessed thereby, and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Similarly, visitors and users of all Company sites hereby acknowledge and agree that the tools, processes, strategies, materials and information presented on our sites are copyrighted and proprietary.  As a result, visitors and users are expressly prohibited and agree not to record, duplicate, distribute, teach or train from our information, or any derivative works thereof, in any manner whatsoever without our express prior written permission.

  1. INTELLECTUAL PROPERTY AND SITE USE. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

You may, however, make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the site solely for your non-commercial business use. Any other copying, redistribution, reengineering, retransmission or publication of any downloaded material, is strictly prohibited without the prior express written consent of the Company (which will not be unreasonably withheld – see further Paragraph 8) or any third party information provider to the site. You agree not to change or delete any proprietary notices from materials downloaded from the site.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY.  Unless explicitly stated in herein, nothing in these Terms and Conditions of Use shall be construed as conferring any license to any intellectual property rights.

In consideration of access to Company’s sites you agree not to:

  • use any of the sites in any manner that could damage, disable, disrupt or impair the sites or interfere with any other user’s use and enjoyment of the sites;
  • post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person or business;
  • post or transmit any message, data, image, or program that would violate the property rights of others, including any intellectual property rights that are used in an infringing manner;
  • reproduce in any form or incorporate into any information retrieval system, electronic or mechanical, any part, or all of the content on the Company’s sites;
  • use spiders, robots, data mining techniques or similar data gathering or extraction methods to catalogue, download or otherwise reproduce, store or distribute any of the contents of the Company sites;
  • post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.

Any unauthorized use or distribution, or threatened unauthorized use or distribution, of our sites’ proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and the Company will exercise its legal rights to protect its property.  Such rights include, but are not limited to, injunctive relief, and full damages in addition to indemnification as set forth below in Paragraph 9.

  1. USER SUBMISSIONS. In the event the site calls for any comments or submissions by visitors and users, any material, information or other communication you transmit or post to this site will be considered a non-confidential and non-proprietary communications. The Company will have no obligations with respect to the communications and will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submission, as provided herein. Similarly, the Company is under no obligation to post or use any submission you may provide and the Company may remove any submission at any time in its sole discretion.
  2. HOW TO OBTAIN LICENSE PERMISSIONS. Education is central to the Company’s mission and the sharing of information serves a useful role in facilitating that mission. Your organization may become licensed to use our materials internally. We also offer public programs, custom programs and products that may fit your needs and welcome the opportunity to work with organizations that express an interest in utilizing the concepts in our books and seminars within their organization.

To learn more about our licensing procedures, please call 919-636-9677 or e-mail your request to vipservice@businessmo.com .  Be sure to add “COPYRIGHT PERMISSION” in the subject line of your e-mail.

  1. INDEMNIFICATION. Upon a written request by Company, you agree to defend, indemnify, and hold harmless the Company and its other affiliated companies harmless, and their employees, contractors, officers, directors, and successors and assigns, as well as any third party information providers to the site from and against all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site and/or breach of these Terms and Conditions of Use.  The provisions of these Terms and Conditions of Use are for the benefit of the Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.
  1. CHOICE OF LAW AND VENUE. These Terms and Conditions of Use shall be governed by the construed in accordance with the laws of the State of North Carolina and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall only be filed in the state or federal courts located in Raleigh, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief.
  1. FORCE MAJEURE. We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our reasonable commercial control. Causes beyond our reasonable commercial control include but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, acts of terrorism, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.
  1. SEVERABILITY. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
  1. Our failure to enforce any of our rights under these Terms and Conditions of Use shall not be construed as a waiver of those rights, any other rights, or any subsequent breach or default in any way whatsoever.
  1. INTEGRATION AND AMENDMENT. These Terms and Conditions of Use and our Privacy Policy constitute the entire agreement between you and the Company relating to the subject matter contained herein. This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Site. You acknowledge and agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. 
  1. QUESTIONS? Questions about these Terms and Conditions of Use can be sent to vipservice@businessmo.com.

(rev 8/2020)