1.1 This agreement governs your use of the thisistippingpoint.com web site. Additional terms and conditions of use applicable to specific areas of the web site may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as “this Agreement.”
1.2 Tipping Point Strategies, LLC reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the web site. Your continued use of the web site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Tipping Point Strategies, LLC as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the web site.
2. Use of Content
2.1 You acknowledge that the web site contains information, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Tipping Point Strategies, LLC or third parties. All Content on the web site is copyrighted as a collective work of Tipping Point Strategies, LLC pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the web site.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content, except as expressly permitted by the copyright laws. No copying, storage, redistribution or publication of any Content is permitted without the express permission of Tipping Point Strategies, LLC.
3. No Endorsement
The Web site may contain links to sites on the Internet, which are owned and operated by third parties (the “External Sites”). You acknowledge that Tipping Point Strategies, LLC is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
4. Termination of Service
Tipping Point Strategies, LLC may change, suspend or discontinue all or any aspect of the Web site at any time, including the availability of any feature, database, or Content without prior notice or liability.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
5.1 NEITHER TIPPING POINT STRATEGIES, LLC NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES TIPPING POINT STRATEGIES, LLC ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SITE OR THE CONTENT. THE WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. TIPPING POINT STRATEGIES, LLC DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
5.2 TIPPING POINT STRATEGIES, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, EVEN IF TIPPING POINT STRATEGIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TIPPING POINT STRATEGIES, LLC SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement shall be construed in accordance with the laws of the District of Columbia, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in the Washington, DC. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the web site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 4 and 5 shall survive any termination of this Agreement as well as any other provisions, which by their terms or sense are intended to survive.
Tipping Point Strategies LLC values your privacy online. We collect personal information from you primarily to provide a better experience on thisistippingpoint.com. In registering for certain services offered by Tipping Point Strategies LLC, you may be asked to provide your name, email address, phone number or other information. Unless you designate otherwise, the personally identifiable information you provide will be known only to you and to Tipping Point Strategies LLC. We will always ask you before providing this information to anyone else. If others want this information, including your name or your e-mail address, we will provide it only if you give us permission to do so.
Information gathered online can generally be categorized as either anonymous or personally identifiable. Anonymous information is information that cannot be traced back to a specific individual. For example, Tipping Point Strategies LLC, knows how many visitors arrive at its web site each day, but it does not know the names, email addresses or gender of the people using the web site.
Personally identifiable information is information you provide that lets us know specific facts about you so that we can customize the information Tipping Point Strategies LLC delivers to you accordingly. This information can include your name, email address, zip code, age, etc. It is our belief that you will find it beneficial to provide us with personal information so that your experience with thisistippingpoint.com is more satisfying.
Each time a visitor comes to the thisistippingpoint.com web site, we collect some information to improve the overall quality of the online experience, including product monitoring and product improvement. At the thisistippingpoint.com web site, we collect the visitor’s domain name (e.g. whether the user is logged on from somewebsite.com or thisistippingpoint.com), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to the thisistippingpoint.com web site), and browser and platform type (e.g., a Netscape browser on a Macintosh platform).
In addition to collecting these types of information, we also count, track, and aggregate the visitor’s activity into our analysis of general traffic flows at our sites (e.g. tracking where traffic comes from, how traffic flows within the google properties, etc.). To these ends, we may merge information about you into group data, which may then be shared on an aggregated basis with our clients and or advertisers; but Tipping Point Strategies LLC will not disclose your individual identity or personal data without your permission. When and if Tipping Point Strategies LLC does present aggregated information to outside companies, no one will be able to identify or contact you.