Welcome to the For What It’s Worth Newsletters!
These Terms of Service (“Terms”) are a binding contract between you and For What It’s Worth LLC (“FWIW,” “we”, “us”, “our”). It contains the rules and restrictions that govern your use of FWIW’s products and services. If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at firstname.lastname@example.org
FWIW is the owner and operator of the www.forwhatitsworth.co website and our blog at blog.forwhatitsworth.co, FWIW Mobile Application, FWIW newsletters, email notifications or any related applications provided by us (collectively, the “FWIW Services”), and all content and features contained in the foregoing.
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use the FWIW Services and that your parent or guardian agrees to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
Modifications to the Terms of Service
FWIW, in its sole and absolute discretion, may make changes or modifications to the FWIW Services or to these Terms (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon a notice on the website, by sending you an email, and/or by some other means. You acknowledge and agree that (i) FWIW may notify you of such changes or modifications by placing a notice on the website, by sending you an email, and/or by some other means and (ii) your use of any of the FWIW Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms as last revised. We recommend that you keep your FWIW account information including, but not limited to, your email address, current.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the FWIW Services. If you use the FWIW Services in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Changes to the FWIW Services
We’re always trying to improve the FWIW Services, so our products and services may change over time. We may suspend or discontinue any part of the FWIW Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the FWIW Services. We’ll try to give you notice when we make a material change to the FWIW Services that would adversely affect you, but this isn’t always possible or practical.
Financial Information Disclaimer
This Service is for general educational purposes only and is not meant to be a substitute for business or investment advice or your exercise of your own business judgment. FWIW is a media company and is not a broker/dealer, financial advisor, or fiduciary providing investment guidance or recommendations. Any such decisions or judgments are made at your sole discretion and election. Any reference in the FWIW Services relating to an investment or security is not a recommendation to buy, sell, or hold such investment or security, or to make any other investment decisions, and does not address the suitability of any investment or security. When any information provided in the FWIW Services includes estimates or predictions of future events or behaviors, FWIW makes no guarantees as to the occurrence of such future events or behaviors.
Creating an Account to Use the FWIW Services
You may be required to sign up for an account (a “FWIW Account”) and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself.
You agree that you will only use the FWIW Services for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your FWIW account to anyone else without our prior written permission.
You may not select as your FWIW account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. FWIW reserves the right to refuse registration of or cancel a FWIW account name at its sole discretion at any time for any reason.
If you are visiting or using the FWIW Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information, as described below) across international boundaries. By visiting or using our Services and communicating electronically with us, you consent to such transfers.
Ownership of Intellectual Property
The content included in the FWIW Services, including without limitation the text (such as the articles found in our newsletters), software, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“FWIW Content”), are owned by or licensed to FWIW, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.
FWIW Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of FWIW. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms. FWIW reserves all rights not expressly granted in and to Services and the FWIW Content, and these Terms do not transfer ownership of any of these rights.
The trademarks, service marks, and logos of FWIW (“FWIW Trademarks”) used and displayed on the FWIW Services are registered and unregistered trademarks or service marks of FWIW. Other company, product, and service names located in the FWIW Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with FWIW Trademarks, the “Trademarks”). Nothing in the FWIW Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of FWIW Trademarks inures to our benefit.
The Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of FWIW Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Our Use of Your Content
Some of the features of the FWIW Services may allow users to view, post, publish or share their ideas, opinions, preferences or feedback (e.g., through a “like” or “comment” function) relating to FWIW’s news articles or current events. We may also make available interactive services through third-party websites and third-party social media platforms (e.g., FWIW-designated hashtags and comment or posting sections on FWIW-related pages hosted on third party social media platforms) pursuant to which users can post associated content. Collectively the content in this paragraph, the “User Content”.
By posting or publishing User Content, you represent and warrant to FWIW that: (i) you have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party.
You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it. FWIW has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that FWIW may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken/will take some other action. If you post or publish your User Content to the FWIW Services, you authorize FWIW to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by the FWIW Services and these Terms.
Accordingly, you hereby grant FWIW a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with the FWIW Services and FWIW’s business, promoting and redistributing all or part of Services in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
Making Referrals. In accordance with these Terms and other instructions found in the FWIW Services, you can refer the FWIW Services to friends, family members, colleagues, and other third parties (“Friends”). By submitting any email address as part of the Program, you represent that you have the appropriate permission and consent. Once you make a referral, you become a “referrer” and will be provided with a unique (“Referrer Code”) that allows you to receive the benefit or reward advertised for referrals, as applicable. If referrals are made by email, you must be the actual sender of the referral emails and must comply with applicable law. If you post your Referral Codes to a public forum, you must have the right to do so and must comply with any applicable terms. Referred Friends must subscribe or take the other action described, including paying, for the relevant FWIW Services as described in the referral message.
Restrictions. You as a referrer may not refer yourself or create multiple, fictitious, or fake FWIW accounts. In making referrals, you may not violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or contrary to these Terms. In addition, you may not tamper with the referral system or use any other system, bot, or other device or artifice to participate or receive any referral benefit or reward. If we believe that a Referrer Code associated with your FWIW account was used in that manner, we may remove all benefits or rewards connected to, and terminate, your FWIW account. You may not use bulk email distribution, direct distribution to strangers, or make any other use of the FWIW Services in a manner that is not permitted under these Terms. If we discover you have used those means, we may terminate your FWIW account and possibly take other legal action. If you do not comply with anti-spam laws, you must indemnify FWIW against all liabilities, costs, and expenses it incurs as a result of the spam.
Rewards. By making a Valid Referral, you will receive a benefit or reward. In order to qualify as a “Valid Referral,” your Friend must not have an existing FWIW account and must be a first-time user of the FWIW Services. [The benefits and rewards may take various forms, including discounted subscriptions, mention in the FWIW Services, the right to comment on or otherwise contribute to the FWIW Services, or special badges or other online identification.] Rewards are subject to FWIW’s verification. FWIW may delay a reward for the purposes of investigation. FWIW may also refuse to verify and process any transaction for any reason. Unless otherwise stated, rewards have no monetary value, may not be redeemed for cash, are not transferable, and may not be auctioned, traded, bartered, or sold.
Links to Third-Party Websites
The Services may contain links to third-party websites that are not owned or controlled by FWIW. These links are provided solely as a convenience to you and do not constitute an endorsement by FWIW of the content on such websites nor of the business practices of those operating those websites. FWIW has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, FWIW does not censor or edit the content of any third-party websites. By using the FWIW Services, you expressly release FWIW from any and all liability arising from your use of any third-party website.
Intellectual Property and Reporting Infringement
FWIW reserves the right, but has no obligation, to monitor and pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with these Terms. FWIW may remove any item of User Content from the FWIW Services and/or terminate your access to the FWIW Services for posting or publishing any material in violation of these Terms, or for otherwise violating these Terms (as determined by FWIW in its sole and absolute discretion), at any time and without prior notice.
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted to the FWIW Services.
If you believe that your content has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by emailing us at email@example.com. FWIW will respond to notices of alleged infringement regarding third-party material sent pursuant to and in accordance with the DMCA, which may include FWIW’s removing or disabling access to third-party material claimed to be the subject of infringement or other activity. All notices sent to FWIW regarding matters other than informing FWIW that a party’s copyrighted material may have been infringed as a result of third-party materials will not receive a response through this process.
In order to be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
- Identification of the material (i.e., the third party materials) 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 FWIW to locate the material;
- Information reasonably sufficient to permit FWIW to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement, as follows: “I have 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, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
If you believe that your work has been removed or disabled by mistake or misidentification, please notify our Copyright Agent by emailing us at firstname.lastname@example.org. To be effective, a Counter Notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the user’s address is located, or if the user’s address is outside of the United States, for any judicial district in which FWIW may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a valid Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and FWIW will comply with this requirement within a reasonable time (or as otherwise required by law), provided FWIW’s Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain user from engaging in infringing activity relating to the material in the FWIW Services. To contact our Copyright Agent by regular mail, please write to: Copyright Agent at email@example.com.
Acceptable Use Policy
You are responsible for all your activity in connection with your use of the FWIW Services. Make sure that you use the FWIW Services in a manner that complies with the law. If your use of the FWIW Services is prohibited by applicable laws, then you aren’t authorized to use the FWIW Services. We can’t and won’t be responsible for your using the FWIW Services in a way that breaks the law.
You also agree that you will not contribute any User Content or otherwise use the FWIW Services in a manner that:
- Is a commercial use;
- Is fraudulent, threatening, illegal, infringing, defamatory, harassing, hate speech, or abusive, that violates the privacy or publicity rights of another user or any other third party, or is otherwise inappropriate as determined by us in our sole discretion;
- Impersonates another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Jeopardizes the security of your FWIW account or anyone else’s (such as allowing someone else to log into FWIW as you, or sharing your FWIW account or password with someone);
- Attempts, in any manner, to obtain the password, account, or other security information of any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Mail list, Listserv, any form of auto-responder or “spam” on the FWIW Services, or any processes that run or are activated while you are not logged into the FWIW Services, or that otherwise interferes with the proper working of the FWIW Services (including placing an unreasonable load on the FWIW Services’ infrastructure);
- “Crawls,” “scrapes,” “harvests” or “spiders” any page, data, or portion of the FWIW Services (through use of manual or automated means), including collection of any non-public or personally identifiable information about other users by you or anyone else on your behalf;
- Copies or stores any significant portion of the content in the FWIW Services;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the FWIW Services.
Terminating Your Account
FWIW is free to terminate (or suspend access to) your use of the FWIW Services, or your FWIW account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your FWIW account so that you are able to retrieve any important User Content you may have uploaded to your FWIW account.
FWIW also allows you to delete your account at any time. If you’d like to delete your FWIW account, you can do so from your FWIW Your Account page.
You agree that some of the obligations in these Terms will be in force even after you terminate your FWIW account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of your agreement to these Terms.
Privacy on FWIW
FWIW takes your privacy very seriously. Please refer to the current FWIW t.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the FWIW Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
Violations of these Terms
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your FWIW account. FWIW has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
No Warranties: Disclaimer
No Warranties: THE FWIW SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” BASIS. THIS MEANS WE PROVIDE THEM TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THAT INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE USE OF THE FWIW SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THERE WILL NOT BE INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE FWIW SERVICES.
WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE FWIW SERVICES OR ANY FWIW CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.
WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE FOREGOING.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE FWIW SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall FWIW, its affiliates, its licensors, or its suppliers be liable to you or to any other person for: (a) any indirect, special, incidental, or consequential damages of any kind, or (b) any amount, in the aggregate, in excess of the amounts paid and/or payable by you to us in connection with the FWIW Services in the twelve-month period preceding the applicable claim.
Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold FWIW, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use or misuse of the FWIW Services (including any actions taken by a third party using your FWIW account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your FWIW account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your FWIW account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the District of Columbia, without regard to the conflicts of laws provisions thereof.
No Third-Party Beneficiaries: No third-party beneficiaries are intended under these Terms.
No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of For What It’s Worth LLC, and you do not have any authority of any kind to bind us in any respect whatsoever.
Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Entire Agreement: These Terms, including any other policies or documents incorporated by reference into these Terms, are the complete and exclusive statement of the mutual understanding between you and us, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to their subject matter.