Terms & Conditions of Use

This website (the “Website”) is provided to you under these Terms & Conditions of Use (the “Agreement”) and any amendments or supplements to them that may be posted by Wendy Kaminer (“WK”) from time to time.

Binding Agreement

By using the Website, you accept these Terms & Conditions and agree to be legally bound by them. You should not use the Website if you have any objections to any of these Terms & Conditions.

Modification or Suspension of the Website

You agree that WK may, in her sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that WK will not be liable for any consequences of doing so.

Modifications to the Terms & Conditions of Use

WK may make changes to these Terms & Conditions from time to time in her sole discretion, and will post any such changes on the Website. Each time changes are made, notice of these changes will be posted on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

Contact Information

If you have any questions or concerns with respect to these Terms & Conditions or the Website you may WK by mail at: 31 Saint James Avenue, Suite #1007, Boston, MA 02116

Compliance with Laws

You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of the Website, including, without limitation, intellectual property laws.

Protection of Intellectual Rights and License

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos (collectively, the "Intellectual Property"), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. Except as expressly authorized by WK herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on or included with the content.

You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Website in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior written permission of WK.

You may not frame any trademark, logo, or other proprietary information on this Website without the express, prior written consent of WK. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted herein are reserved.

None of the material contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of WK.

Except as otherwise noted, all content posted on this Website is:

For further information regarding permission to use material, please contact WK at: info@wendykaminer.com.

Notice and Procedure for Making Claims of Copyright Infringement

WK asks users of the Website to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, WK has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide WK's Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Website;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WK's Copyright Agent for Notice of claims of copyright infringement on its Website is Wendy Kaminer, who can be reached as follows:

by email at: info@wendykaminer.com

or by mail at: 31 Saint James Avenue,

Suite #1007,

Boston, MA 02116

or by fax at:617-338-2100

or by telephone at 617-338-6100

You may want to seek the advice of independent legal counsel before filing a notification.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WK BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Disclaimer of Warranties With Respect to Use of Website

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WK DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WK MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Indemnification

You agree to indemnify and hold harmless WK, and her employees, agents and representatives, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website.

Other Websites

The Website may provide links to other websites; WK has no control over these other websites. The links are provided solely as a convenience to users and should not be construed as an affiliation with or endorsement by WK of content, items, or services on those third-party websites.

You access and use such other websites, including the content, items, or services on those websites, solely at your own risk. These linked websites may collect personal information from you when you enter their website. This collecting of information is not subject to WK’s control. To ensure protection of your privacy, always review the privacy policies of the websites you visit when linking from this Website. WK makes no representations or warranties with respect to the Content, ownership, or legality of any such linked websites.

You acknowledge and agree that WK has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the State of Massachusetts applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.

Any legal action or proceeding between WK and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Boston, MA, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that the this is an inconvenient forum.

These Terms & Conditions were last updated on March 31, 2009.