We welcome you to our website and encourage you to use our website to gather information about us and our services. Our agreement to allow you to use our website is subject to your agreement to these FRANKMACKAYMEDIA Website Terms of Use (“Terms of Use”). These Terms of Use form a legal contract between you and us. By accessing or using our website, you acknowledge and represent that you have read, understood, and agreed to be bound by these Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this website, the use of the internet, and to the activities involved in using this website. If you are using this website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. If you have another agreement in place with FRANKMACKAYMEDIA, these Terms of Use are in addition to that agreement.

In these Terms of Use, the words FRANKMACKAYMEDIA, we, us and our refer to FRANKMACKAYMEDIA and its subsidiaries. The words you and your refer to you individually, if you accessed our website for personal non-commercial purposes, or the organization that you represent, if you accessed our website on behalf of an organization. The word information includes the words content and material.

Updates

We may change these Terms of Use from time to time by posting updates to our website. Any such updates will become effective immediately. We encourage you to periodically review our Terms of Use for possible changes. Your use of our website after an update constitutes your agreement to the update.

Privacy and Cookies

Please review our Privacy Policy, which also governs your visit to our website and describes our practices concerning the collection and use of information about visitors, including our use of cookies.

Electronic Communications

When you visit this website or send emails to us, you are communicating with us electronically and you therefore consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

Submitting Information

By submitting information to us using this website, you represent and warrant that:

you own or otherwise control all of the rights to the information that you post or submit and the information is entirely your work and is not copied from any other source;
the submitted information is accurate and a true statement of facts;

use of the submitted information complies with these Terms of Use;

the submitted information will not cause injury to any person or organization; and

the submitted information does not contain any malware or other devices intended to interfere with the operation of the website through the use of viruses, programs or technology

designed to disrupt or damage software or hardware or to gain unauthorized access to information.

As a visitor to this website, you agree that you will not use this website to:

upload, post or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

harm anyone, including minors, in any way;

market or sell products or services, except as may be agreed with FRANKMACKAYMEDIA in writing;

interfere with the operation of the website through the use of viruses, programs or technology designed to disrupt or damage software or hardware or to gain unauthorized access to information;

employ a robot, spider or other process or device to harvest email addresses or other visitor information or to monitor activity on the website;

impersonate another person or entity or forge any electronic communication or message;

transmit or post information in violation of confidentiality agreements or the intellectual property or personal representation rights of any other person;

or violate any applicable laws.

If this website allows visitors to post information that can be viewed by the general public, we will review the posts from time to time but the person or organization making a post is entirely responsible for the post and FRANKMACKAYMEDIA has no liability in connection with the posts. You are responsible for ensuring that any post made using your email address complies with these Terms of Use. We have the right to edit any post for relevance and to decline to allow or preserve any post. In addition, we have the right to remove any post, including any post we feel is inappropriate, illegal, offensive, potentially or actually harmful, or may negatively impact website operations.

If you provide us with a testimonial regarding use of our products or services, whether solicited or unsolicited, you authorize us to post that testimonial on our website in areas accessible to the public and to release your name or otherwise publicize the fact that you submitted information to us. We have the right to edit your submitted testimonial, including text as well as pictures and video, as we think appropriate for presentation on our website. In addition, you authorize us to use all or portions of your testimonial for other purposes, for example in marketing materials or regulatory filings. In addition to the warranties above, you also represent and warrant that you have the authority to provide the testimonial to us for the purposes described in this paragraph and that you have written approvals from anyone whose work, name or image appears in the testimonial. While we welcome testimonials, inclusion of any particular testimonial on our website is entirely at our discretion.

We do not wish to receive through our website information that you may consider confidential or proprietary, for example, new product or service ideas or information about your own business plans. Any information submitted to us through email, posts to this website, or otherwise, will not be considered confidential unless we have specifically agreed otherwise in a separate written agreement signed by an authorized FRANKMACKAYMEDIA representative. Without this type of an agreement, you agree that there are no restrictions on our ability to use or distribute the information, and that you grant FRANKMACKAYMEDIA an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create collective or derivative works from, distribute, perform and display that information, and any ideas, concepts, know-how or techniques therein, in whole or in part, and to incorporate it in other works in any form, media, or technology now known or later developed.

By submitting information to us using this website, you waive any rights that you may have with respect to submitted information. To the extent that you nevertheless retain the rights, you agree not to enforce them against us.
By submitting information to us using this website, you agree that you indemnify and hold FRANKMACKAYMEDIA harmless from and against any loss, cost or liability, including but not limited to reasonable attorneys’ fees, that we may incur as a result of any claim, suit or proceeding arising from any information that you supply through this website, your violation of the rights of third parties, or your failure to comply with these Terms of Use.

Without permission from us, you may not:

create links to any page of this website;

use any name, logo or other trademark of ours as part of any link;

frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) presented on our website;

use any meta tags or any other hidden text using FRANKMACKAYMEDIA’s name or trademarks.

Our website may contain links to other sites over which we have no control and that are independent of FRANKMACKAYMEDIA even though they may contain FRANKMACKAYMEDIA logos or icons. The inclusion of any link does not imply our endorsement of the site or the site’s contents or owner, and we are not responsible for the content or the use of the sites or the actions of the owners of the sites.

Our website may display feeds from our social media accounts, such as Facebook and Twitter accounts, as well as feeds from other parties, which contain information that we did not generate. The persons contributing the information into the feeds displayed on our website are solely responsible for the information. FRANKMACKAYMEDIA has the right to monitor, review and edit or delete the information, but is not required to. FRANKMACKAYMEDIA is not responsible for information displayed through social media feeds.

Your Responsibility to Protect against Viruses

We have no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. It is your responsibility to take precautions to ensure that whatever you may download from our website is free of viruses and other destructive items. We have no liability for any virus or other malware introduced to your computer system through access to or download from our website.

FRANKMACKAYMEDIA WILL ACCEPT ATTACHMENTS ON THE ONLINE COMMUNICATIONS CHANNELS ONLY WHERE EXPRESSLY INDICATED. YOUR POSTINGS MAY NOT INCLUDE CONTENT THAT FRANKMACKAYMEDIA IN ITS SOLE DISCRETION DEEMS TO BE AN ADVERTISEMENT OR SOLICITATION FOR EMPLOYMENT. YOU AGREE THAT YOU WILL NOT KNOWINGLY AND WITH INTENT TO DEFRAUD PROVIDE MATERIAL AND MISLEADING FALSE INFORMATION, INCLUDING DISGUISING THE ORIGIN OF YOUR CONTENT OR MISREPRESENTING YOUR AFFILIATION OR IDENTITY. YOU MAY NOT USE FRANKMACKAYMEDIA’S NAME TO ENDORSE OR PROMOTE ANY PRODUCT, OPINION, CAUSE OR POLITICAL CANDIDATE. REPRESENTATION OF YOUR PERSONAL OPINIONS AS INSTITUTIONALLY ENDORSED BY FRANKMACKAYMEDIA, OR BY FRANKMACKAYMEDIA’S SPONSORS, PARTNERS, OR ANY RELATED ORGANIZATIONS, IS STRICTLY PROHIBITED. YOU REPRESENT AND WARRANT THAT THE CONTENT YOU SUPPLY DOES NOT VIOLATE THESE TERMS OF USE.

Copyright

Copyright to this website is owned by FRANKMACKAYMEDIA Corporation and all content is owned by FRANKMACKAYMEDIA. You may download, display and print information on this website for your personal, non-commercial use, including to evaluate our products and services for use in your business. Any other copying, distribution, re-transmission or publication of any information posted on this website is strictly prohibited without our express written consent.

Copyright Infringement Claims

If you believe that any information contained in this website infringes your copyright, please see below.

No License

The inclusion of information on this website does not imply any license under patent or other intellectual property rights held by FRANKMACKAYMEDIA Corporation or any other individual or organization.

Export of Information

The United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this website may be downloaded or otherwise exported in violation of United States law.

English Language

You agree that there is no requirement to translate all or any portion of our website or the information provided through our website into any other language than the ones in which it appears. You further agree that all contractual and transactional communications between you and us shall be in the English language and that there is no requirement to translate any communication into any other language.

No Warranty

Information presented on our website is for informational and educational purposes only. We attempt to be accurate with regard to information posted on our website, however, we do not warrant that the information on this site is accurate, complete, reliable, current, or error-free. All information published on this website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Information that may be made available on or through this website are used at your own risk, and you agree to indemnify and hold us harmless from and against any loss, cost or liability, including but not limited to reasonable attorneys’ fees, that we may incur as a result of your use of the information. Information on this website may be inaccurate or incomplete and may be changed or updated without notice. We make no warranty that any information is appropriate for use in any particular jurisdiction. We may make changes in the products, services, programs or relationships described on this website at any time without notice. We make no warranty that our website will operate without interruption or error. No statements provided orally or by email shall create or modify any warranty or disclaimer of warranty. Unless expressly stated otherwise, FRANKMACKAYMEDIA does not provide technical support for any materials posted on, downloaded from, or linked to from this website.

Indemnification Procedure

If any claim, suit or proceeding (“Claim”) brought against us is within the scope of an indemnity that you have provided under these Terms of Use, we will give you notice of the Claim at the most recent email address for you in our records. We will conduct the defense of the Claim and you will assist in the defense as we reasonably request. You agree that you will not, and will have no authority to, settle or compromise any Claim without our express written approval. We will send invoices to you from time to time showing the losses, costs or liabilities that we have incurred, and you agree to pay the invoices within thirty days of the invoice date. Invoices not paid within thirty days for any reason, including but not limited to difficulty in locating you and providing you with the invoices, accrue interest at the rate of five percent (5%) per year, compounded monthly, or the highest rate allowed by law, if less.

Limitation of Liability

IN NO EVENT WILL FRANKMACKAYMEDIA OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY OTHER PERSON, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY LINKED WEBSITE OR INFORMATION ON THIS WEBSITE. CERTAIN LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you are dissatisfied with this website, its contents, these Terms of Use, or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this website.

Governing Law and Jurisdiction

This website is controlled by FRANKMACKAYMEDIA from New York, in the United States of America. All matters relating to access to, or use of, this website are governed by applicable federal laws of the United States of America and the laws of the State of New York, without regard to conflicts of laws provisions. Any legal action or proceeding relating to access to, or use of, this website or the information it contains is subject to the exclusive jurisdiction of the state and federal courts located in New York. You and FRANKMACKAYMEDIA agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

Enforcement

Any unauthorized use of our website terminates your permission to access and use our website and may subject you to prosecution. If any provision in these Terms of Use is found invalid or unenforceable for any reason, that provision shall be considered severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of our website must be filed with a court of competent jurisdiction within one year after it arose or is permanently barred.

Notice for Claims of Intellectual Property Violations and Agent for Notice

FRANKMACKAYMEDIA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide FRANKMACKAYMEDIA’s Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the FRANKMACKAYMEDIA site or system, with enough detail so that we may find it;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

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

Notice: 

Turning Point with Frank MacKay

frankmackaymedia@gmail.com