Acceptance of Terms

We hope that you will enjoy everything the EmergingTiro website has to offer but please be aware of the following terms and conditions of use (the “Terms and Conditions”), which are necessary for both your and our protection. In these Terms and Conditions “EmergingTiro”, “we”, “our” or “us” means EmergingTiro, LLC it’s agents and assigns.
By accessing the content of www.EmergingTiro.com you agree to be bound by the Terms and Conditions set forth herein and you accept our General Rules of Conduct and our Privacy Policy. If you object to these Terms and Conditions or our Privacy Policy please do not access or use the EmergingTiro website.
By continuing your visit to www.Emerging Tiro.com you agree that you shall not use the website for illegal purposes and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce its overall functionality. You also agree not to compromise the security of the EmergingTiro website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for, and indemnify and hold harmless EmergingTiro, its officers, directors, agents and affiliates from and against any claim, expense, liability, damages, losses, costs (including legal fees) incurred by EmergingTiro, its officers, directors, agents and affiliates which arise from any infringement by you of the Terms and Conditions set out in this agreement.
By agreeing to these Terms and Conditions, you automatically agree to our Privacy Policy and our Rules of Conduct.

Members Sign In

In order that we may provide you with an enhanced service, we encourage you to register to become a Member of the EmergingTiro Community. When you decide to register, you must agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms and Conditions.
You may review, correct, change, or update your membership information by visiting the Members’ section of the EmergingTiro website. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your membership.
As part of the membership sign in process, you will be asked to select a Member Name and password. You may not choose a Member Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Member Name. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information.

Forums

If you agree to the Terms and Conditions set out herein, you may visit and participate in the Forums section of the EmergingTiro website. We value your participation and ask you to please help us to maintain a friendly, safe and informative environment. Any posts deemed inappropriate or offensive will be removed without notice and the poster will be notified and may be banned from further postings at our sole discretion. Please visit the Forums section for further information pertaining to acceptable etiquette and behavior.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT EMERGINGTIRO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. EMERGINGTIRO DOES NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL CONTAINED IN A SUBMISSION AND SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENTS OF EMERGINGTIRO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMERGINGTIRO OR THROUGH THE WEBITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL EMERGING TIRO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) OBTAINED THROUGH THE WEBSITE OR CAUSED BY THE CONDUCT OF VISITORS TO THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EMERGING TIRO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, EMERGING TIRO DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

The opinions expressed in the EmergingTiro Forums and elsewhere on the EmergingTiro website remain the copyright of their authors or owners and do not necessarily reflect the opinions of EmergingTiro or www.EmergingTiro.com. All statements, advice and opinions made by contributors are those of such contributor only, and we neither endorse nor shall we be held responsible for such postings in any way, including the reliability or accuracy of such postings. Under no circumstances will we be liable for any indirect, special, or consequential loss or damage, any loss of business, revenue, profits or data or any loss of goodwill or reputation caused by, arising from or in relation to the use of the Emerging Tiro website.

IN NO EVENT SHALL EMERGINGTIRO BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. EMERGING TIRO’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF THE WEBSITE IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Emerging Tiro, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this website; your failure to use the website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. EmergingTiro reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Copyright

All content (including without limitation any pictures, logos, images and text) appearing on the Website is the property of EmergingTiro or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.

Trademark
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Emerging Tiro or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, EmergingTiro.

Copyright Infringement

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that material posted on this website infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA-17 U.S.C. §512(c)(3)).

Notice of the claimed infringement must be submitted to the Site’s Designated Agent.

Service Provider: EmergingTiro, LLC
Designated Agent: Richard A. West, Esq.
Address of Designated Agent: 30 Columbia Turnpike, PO Box 041, Florham Park, NJ 07932
Telephone Number of Designated Agent: (973) 377-0007
Facsimile Number of Designated Agent: (973) 377-0077
E-mail Address of Designated Agent: info@richwestlaw.com

To be effective, the notification must be in writing and include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material 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 the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider 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.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.

Disclaimers

The information on the EmergingTiro website is intended to be thought-provoking but is by no means intended as ‘definitive guidance’. It should not be wholly relied upon when making any related decision.
The information contained within the EmergingTiro website is provided on an “as is” and “is available” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, satisfactory quality, compatibility, non-infringement or security of any components of the EmergingTiro website. To the fullest extent permitted by law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the EmergingTiro website and all products and services available through the EmergingTiro website.
We do not guarantee uninterrupted availability of www.EmergingTiro.com and cannot provide any representation that using the EmergingTiro website will be error free.

Third Parties

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content or any transaction for goods or services available from such websites. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

Severance

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

Assignment

We may at any time assign, transfer or novate this agreement (or all or any of its rights or obligations under this agreement) to a third party without your consent. This agreement is personal to you and you may not assign, transfer or novate this agreement (or all or any of your rights or obligations under this agreement) to a third party.

Governing Law And Jurisdiction

This agreement will be governed by the laws of the State of New York and any user of the EmergingTiro website hereby agrees to be bound exclusively by the jurisdiction of the courts in the State of New York without reference to rules governing choice of laws.

Modification
We reserves the right to change any part of this agreement without notice and your use of the EmergingTiro website will be deemed as acceptance of this agreement. We advise users to regularly check these Terms and Conditions.
We have complete discretion to modify or remove any part of the EmergingTiro website without warning or liability arising from such action.

Forum/Blog Rules of Conduct

General Rules of Conduct

IMPORTANT: Please read the following rules and guidelines carefully. By registering and posting in our forums, you are agreeing to these guidelines and must follow them at all times. By agreeing to these General Rules of Conduct you automatically agree to our Terms and Conditions and Privacy Policy.

Posting
By posting comments or information on the forums you expressly grant the EmergingTiro website and EmergingTiro LLC, its agents and assigns, (“EmergingTiro”, “we”, “our” or “us”) an unlimited and royalty-free license to republish or otherwise use your contribution by any and all means in any and all media whether now known or hereafter developed or discovered throughout the world for the full period of copyright and all renewals, revivals, reversions and extensions and thereafter in perpetuity. Wherever and whenever this occurs, we will always credit you (under your user name) and will not make any substantial changes to the body or context of your material. You warrant that all material posted by you does not infringe the copyright, moral rights, right of privacy or confidentiality of any third party, does not contain any malicious falsehood and is not defamatory, obscene or blasphemous.
If, after viewing your posts on the forums, we invite you to contribute to our Advice section, you will retain the copyright in any subsequent material you submit, it will be credited to your name or user name, and it will not be substantially altered though it may be edited for length, spelling, grammar and clarity.

Please stay on topic!
The EmergingTiro Forum is specifically for discussing and collaborating topics given on this website and discussing topics and subjects in direct correlation to our vision statement. We encourage constructive contributions and comments and, while heated debates are permitted, members should never become disruptive or rude.

Prohibited material
The following content is not allowed in the EmergingTiro Forums: spam, pornography, racism, illegal material or links to websites concerned with any of these. Posts containing prohibited material will be immediately removed by a Forum Moderator and the offending user will be banned from further activity on the Forum. In addition, personally identifiable information, such as full names, email address, telephone number or street addresses are prohibited.

General conduct and etiquette
It is a condition of your use of the Forum and this Site that you do not:
1. Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);
2. Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
3. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; Post any message that solicits gambling or engage in any gambling activity;
4. Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
5. Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
6. Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing.
7. Use the website for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming” or in connection with contests, surveys or pyramid schemes.
8. Try to gain unauthorized access to the website, other users’ accounts, or computers connected to the website though password mining or other means.
9. Interfere with another user’s use and enjoyment of the website or any other individual’s user and enjoyment of similar services.

Moderation of the forum
Violation of any of these guidelines will be evaluated by a Forum Moderator and consequences imposed as necessary to maintain this discussion board as a friendly and functional place for all members. At all times, we reserve the right to remove any posts that we deem to be inappropriate, abusive, defamatory or disruptive to the community in general. We reserve the right to ban any member who violates our guidelines or disrupts our community. Warnings will be issued where appropriate.
You are soley responsible for the interactions with other Forum Members. We reserve the right but have no obligation, to monitor to alert them to the violation.

What to do if you see an inappropriate message
If you see a post which appears to violate any of our guidelines, do not respond to it. Send an email to the moderators to alert them to the violation.

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