Statement And Terms Of Use

In our many dealings with various real estate guru’s, limited celebrities, and or companies, we are making our opinion known to others.  Personal opinion is protected as a First Amendment right. Therefore we state these facts of a personal experience or opinion in non-malicious language!

THIS  IS  A SITE OF OPINION  AND INHERENT CONSEQUENCES THEREOF

As a site of opinion certain users may feel offended by the material posted at the complete review and while the complete review regrets this we take no responsibility whatsoever for this or any reaction to any material posted on this site. Please read the full terms and conditions below:

Terms and Conditions of Use

This is a legal agreement (“Agreement”) between you and The Wierman Group, LLC (“TWG”) DuncanWierman.wordpress.com (DW), Please read the Agreement carefully before reading and/ or registering. By reading DW, you agree to be bound by the terms and conditions of this Agreement (the “Terms”). If you do not agree to the Terms, you are not permitted to use DW. Leave immeditalty!!

The Terms are subject to change by The Wierman Group, at any time, without notice, effective upon posting of updated Terms on our website. Persons who are under 14 years old may not register for TWG. By registering with TWG, you represent and warrant that you are at least 14 years old.

The Wierman Group reserves the right to immediately suspend or terminate your registration with DW, without notice, upon any breach of this Agreement by you which is brought to The Wierman Groups attention.

Your registration with DuncanWierman.wordpress.com is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity.

The Wierman Group Llc (TWG) provides users with a collection of public and subscription-based online resources (the “Service” or “website”) which may include electronic newsletters, reviews, materials, and other resources and materials. Use of the Service is subject to the following Terms of Service and any amendments thereto (the “Terms”). By signing onto and using the site, you agree to be bound by the Terms.

2. Online Conduct

You are solely responsible for all content or information you publish or display (hereinafter, “post”) on DW.

You shall not post or transmit to this website any Content which: (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; or harms minors in any way; (b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) that impersonates any person or entity, including, but not limited to, a TWG employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (d) that includes personal or identifying information about another person without that person’s explicit consent; (e) contains viruses or other contaminating or destructive features; (f) violates the rights of others, such as Content which infringes any copyright, trademark, patent, or trade secret, or violates any right of privacy or publicity; (g) that constitutes or contains “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial email; (h) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; or (i) otherwise violates any applicable law or regulation. In posting and/or transmitting Content to DuncanWierman.Wordpress.com, you acknowledge that Content uploaded to the website is available globally, and you agree to comply in all respects with all applicable U.S. export regulations, rules and laws.

You will not take any action or assist, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of DW pages in search engines such as Google, Bing, Yahoo!, or the like. You will not insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any DW user account data field or into any webpage on DW. You will not upload, or cause to be uploaded, viruses or other similar malicious code. You will not do, or aid anyone else in doing, anything that could disable, overburden, or impair the proper working of DW, such as a denial of service attack.

While we do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.

3. Online Content

You understand that all Content posted on, transmitted through or linked from the Service is the sole responsibility of the person from whom such Content originated. Opinions, advice, statements, offers, or other information or content made available through DW are those of their respective authors and not of TWG / DW, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content.

In addition, you agree that you are solely responsible for actions, communications and Content undertaken or transmitted under your account. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TWG be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

TWG / DW does not guarantee the accuracy, completeness, or usefulness of any information on DW and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will TWG / DW be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on DW

At our sole discretion and option, we reserve the right but not the obligation to pre-screen, edit, or control the Content on the website. Such pre-screening, editing or control does not constitute waiver of TWG’s immunity as an “interactive computer service provider” under section 230 of the Communications Decency Act (47 USC § 230). TWG is not the “information content provider” for any material posted on the TWG website by any user.

4. Indemnity

You will defend, indemnify, and hold harmless TWG / DW, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of DW, including, but not limited to, any breach by you of the terms of this Agreement

5. Removal of Information at User’s Request

DW is a site of opinion. In order to maintain a complete record, information posted on DW will not be removed. By posting information on DW, you understand and agree that the material you post will become part of DW’s permanent record and will NOT be removed even at your request.

6. Proprietary Rights/Grant of Exclusive Rights

By posting information or content to any public area of DuncanWierman.Wordpress.com you automatically grant, and you represent and warrant that you have the right to grant, to TWG / DW an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

7. Disclosure of Information Supplied by You

Except as provided otherwise in its privacy policy, TWG / DW will keep confidential all information supplied by you to TWG / DW, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

From time to time, TWG / DW may receive subpoenas seeking the identity of an DW user. Upon receiving notice of such a subpoena, TWG / DW may object to the disclosure unless and until a court determines that the standards set forth in Mobilisa v. Doe, 217 Ariz. 103, 170 P.3d 712 (App. 2007) have been met. Alternatively, TWG / DW may forward a copy of the subpoena to you at the email address you provided in your account registration and may request that you provide documentation or other information supporting the allegations contained in your report. In the event you fail to respond to our request for information within ten (10) calendar days from the date sent, TWG / DW may comply with the subpoena and may disclose your identity without incurring any liability to you.

Although, you are legally entitled to publish your comments anonymously, at the discretion of TWG / DW the personally identifying information of any user who is found to have posted numerous complaints about the same company and/or individual using different pseudonyms may lose the confidential protections afforded by this section.

In its sole discretion, TWG / DW may also disclose your identity to any federal, state, or local law enforcement agency (including federal and state attorneys general) for the limited purpose of allowing such agencies to contact potential victims of consumer fraud and/or similar unlawful acts.

You further agree to release and hold TWG / DW harmless from any claims that TWG / DW disclosed your identity pursuant to these terms and conditions.

8. Disclaimer of Warranty

YOU UNDERSTAND AND AGREE THAT THE DUNCANWIERMAN.WORDPRESS.COM SITE and connection with any communication with TWG / DW or its representatives, or otherwise with respect to DW AND THE INFORMATION, SERVICES AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. in connection with DW or in

ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TWG TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. THE CONTENT PROVIDED ON THIS SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE AND IS PROVIDED ONLY AS A SERVICE TO USERS. MLRC CANNOT AND DOES NOT GUARANTY THAT THE CONTENT IS ACCURATE, COMPLETE OR RELEVANT TO YOUR JURISDICTION.

TO THE FULLEST EXTENT PERMITTED BY LAW, TWG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, AND ACCURACY OF THE DW SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TWG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR MATERIALS RECEIVED THROUGH THE TWG SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TWG SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TWG DISCLAIMS ANY WARRANTIES THAT THIS SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

DW specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TWG / DW does not warrant that DW’s connection to the internet will be secure, uninterrupted, always available, or virus-free, or will meet your requirements, or that any defects in DW will be correct.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU

9. Limitation of Liability

In no event will TWG / DW be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use DW, even if TWG / DW or its agents or representatives know or have been advised of the possibility of such damages or: (ii) to any person other than you. In addition, TWG / DW disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or “hackers”) of DW.

THE INFORMATION, SERVICES AND OTHER MATERIAL INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY NOT BE COMPLETE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERDWS, AND MAY ALSO BE MODIFIED OR DELETED FROM TIME TO TIME. UNDER NO CIRCUMSTANCES SHALL TWG BE LIABLE FOR DAMAGES FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MLRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE DUNCANWIERMAN.WORDPRESS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE DUNCANWIERMAN.WORDPRESS.COM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

10. State by State Variations

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

11. General Provisions

These Terms constitute the entire agreement between you and TWG and govern your use of the Service. The Terms and the relationship between you and TWG shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You and TWG agree to submit to the personal and exclusive jurisdiction of the courts located within the borough of Greenvile in the City of Greenville, in the State of South Carolina. The failure of TWG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The headings in the Terms are for the purpose of convenience only, and have no legal or contractual significance.

The Terms may be changed in the future without further notice, and you are responsible for regularly reviewing the Terms. Any such changes shall be applicable to all use and transactions after the change, and your continued use of the Service after any such changes constitutes your acceptance of the changes. The Terms apply exclusively to your access to and use of this Service and do not alter in any way the terms or conditions of any other agreement you may have with TWG for other products or services.

These Terms shall apply to all use of the Service, regardless of the actual URL or link used to access the Service.

The material on any page of the website is NOT legal advice, Users should contact an attorney in their jurisdiction for legal advice .

No agency, partnership, joint venture, employment or franchise relationship is intended or created by the Terms or by use of the Service. You may not assign this agreement, by operation of law or otherwise, without our written consent.

12. Member Registration and Access

If you register to use duncanwierman.wordpress.com, you will be assigned a user name and an initial password in order to access the Service. You agree to provide us with true, accurate, complete and updated registration information. You are responsible for safeguarding the confidentiality of your password(s) and user name(s), and are solely liable for any use or misuse of your account or of the website resulting from any third party using your password or user name. You agree to notify us immediately of any unauthorized use of your account, user name, or password, or of any other breach of security. We reserve the right to access the Service using your user name and password for site maintanance, repair, testing and similar purposes. We also reserve the right, in our sole discretion, to deny access to the website or any portion thereof to any user without notice.

13. Privacy Policy

Subscribers to the website should refer to our Privacy Statement for information about how we collect and use information. By accepting the Terms, you consent to the collection, use and disclosure of your personal information in the manners described in our Privacy Statement, which is incorporated into the Terms by this reference. As more fully discussed in the Privacy Statement, you agree that we may share personally identifiable information about our users with third parties, including: (1) with your consent or as otherwise stated in this Privacy Statement; (2) when we have a good faith belief it is necessary pursuant to a subpoena or other judicial or administrative order; (3) where required by law; or (4) at our sole discretion, where we deem necessary to respond to claims, to protect the safety of any individual or the public, or to protect the rights or property of TWG or any third party.

14. Proprietary Rights

The Service is protected to the maximum extent permitted by copyright, trademark and other intellectual property laws and international treaties. You acknowledge and agree that all information displayed or transmitted on the Service, including but not limited to articles and reports, bulletins, legal arguments, other publications, trademarks, images and the like (collectively the “Content”) is protected by copyright, trademark and other intellectual property laws and by international conventions. You further agree not to modify, copy, create derivative works from, reproduce, republish, upload, post, transmit, sell or distribute any aspect of the site or the Service, including but not limited to Content available through the Service, in violation of applicable copyright and other intellectual property laws, and agree to abide by any and all copyright notices displayed on the Service. You may not use or distribute any Content received through the website without the authorization of the Content owner, except for your personal, non-exclusive, non-commercial use. Without in any way waiving any of the foregoing rights, you may print copies of the Content for local use, provided you do not delete or change any copyright, trademark or other proprietary notices.

Duncan Wierman ia a trademark registered with the U.S. Patent and Trademark Office,You agree not to display or use these marks in any manner without TWG’s prior permission.

By posting Content to any public area of the Service, you automatically grant (or represent and warrant that the owner of such Content has expressly granted) to TWG, our successors and assigns, an irrevocable, perpetual, fully paid and royalty-free, non-exclusive, worldwide right and license to use, copy, modify, adapt, publish, create derivative works from or incorporate into other works, distribute, perform, display and sublicense such Content in any form, media or technology now known or later developed. You also grant us the right to authorize downloading of such Content by end users for their personal use.

15. Copyright Policy & Copyright Agent

We may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, we may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. If TWG learns that a user has posted infringing material on more than one occasion, it is TWG’s policy to terminate the account in appropriate circumstances.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TWG Notice of claims of copyright or other intellectual property infringement (“Copyright Agent”) with the following Notice:

  • Your address, telephone number, and email address;
  • Your physical or electronic signature;
  • Identification of the copyrighted work of other intellectual property that you claim has been infringed;
  • Identification of the material on MediaLaw.org that you claim is infringing, with enough detail that we may locate it on the website;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner.

Our Copyright Agent can be reached electronically at:

admin AT duncanwierman.com

or by mail at:

The Wierman Group
20 W. North Street
Greenville, SC 29601

TWG will forward this information to the alleged infringer.

16. Linking

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Web site, or sites linking to this Web site. The linked sites are not under our control. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving the duncanwierman.wordpress.com website, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

17. Termination

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your use of this Service, and to block or prevent future access to and use of this Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical issues or problems. Should you object to any Terms of the Service or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue your use of the Service and terminate your account. You agree that we are not liable to you or any third party for any termination of your account of or access to the Service.

18 Indemnification

You agree to indemnify, release, discharge and hold harmless us, our subsidiaries, affiliates, representatives, officers, service providers, employees, and agents from any and all liability for any claim or demand, including reasonable attorneys’ fees, made or incurred by any third party arising out of or relating to your use of this site, any Content you submit, post or make available through the Service, your violation of the Terms, your violation of any rights of a third party, or your violation of applicable U.S. export regulations, rules and laws. These obligations will survive any termination of the Terms.

19. Release

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TWG is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TWG, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

20. Change in ownership

The Terms will inure to the benefit of us and our successors and assigns. The terms of this Section will survive any termination of the Terms.

 

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