Revised and posted as of: July 25, 2018
Welcome to earnestassoc.com/
earnestassoc.com/ (the “Website”) is an Internet service owned and operated by E&A, LLC d/b/a Earnest & Associates (“Earnest”). Earnest is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms and Conditions to govern your use of the Website as well as your use of any other Internet services and channels of Earnest including, but not limited to, our mobile applications and social media and other channels (e.g., Earnest’ various profiles on Facebook, Twitter, Instagram, and YouTube; emails in response to requests for submissions) (“Other Channels”). We, along with our affiliates, partners and advertisers, provide content and services to you via the Website and Other Channels subject to the following conditions. Your use of the Website and/or Other Channels tells us you have read and agreed to these Terms and Conditions. Please read them carefully. These Terms and Conditions are a binding contract between you and Earnest, regarding your use of the Website or Other Channels. If you do not agree with any of these terms, please exit the Website and cease use of any Other Channels.
1.1 All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or Other Channels, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Earnest, and its affiliated companies, licensors and suppliers. Earnest actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions.
1.2 The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by Earnest, and Marks owned by other information providers and third parties. For example, “Earnest” is a registered trademark of Earnest & Associates. No Marks may be used in any manner unless approved in advance, in writing by Earnest.
1.3 You may use the Content online and solely for your personal, commercial use, and you may download or print a single copy of any portion of the Content for your personal, commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by Earnest. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by Earnest. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of Earnest.
1.4 Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website or Other Channels, as applicable.
1.5 Free access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.
1.6 You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website or Other Channels without our express written consent. You may not alter or modify in any way, the Website or Other Channels including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website or Other Channels. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website or Other Channels, not to insert any code or product or manipulate the content of the Website or Other Channels in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website or Other Channels.
1.7 Earnest respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at email@example.com or by regular mail at Earnest & Associates, Attn: Customer Service – Privacy, 808 Landmark Drive, Suite 110, Glen Burnie, Maryland 21061 and provide the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Earnest will terminate the account of any user that is determined to be a repeat copyright infringer.
2.2 If you become a member of the Website or applicable Other Channels, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or applicable Other Channels using your name in whole or in part. Earnest reserves the right to terminate membership and deny access to the Website or applicable Other Channels to any person who violates these Terms and Conditions.
3.1 The Website and Other Channels may distribute content supplied by other information content providers such as non-staff contributors, commenters, Microsoft, etc. We use these providers to enhance your experience on the Website and Other Channels. Earnest, the Website and Other Channels are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Earnest. Each of those providers have their own “Terms and Conditions” on their websites. Pursuant to 47 U.S.C.§ 230, Earnest is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or Other Channels and assumes no duty to monitor the Website or Other Channels for inappropriate or inaccurate content. Neither Earnest nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, Earnest reserves the right to remove information provided by other information content providers at any time in its sole discretion.
4.1 The interactive areas of the Website and Other Channels are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Website and Other Channels. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Website and Other Channels. Earnest reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
4.2 By placing material on, or communicating with, the Website or Other Channels (e.g., posting a comment to a Earnest story; publishing a picture or video on a Earnest Facebook profile; participating in a Earnest Internet conversation by publishing a Tweet which incorporates a hashtag encouraged by or otherwise referencing Earnest; submitting content to Earnest via email in response to a request for submissions on the Website or Other Channels) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant Earnest and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the Website or Other Channels, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Earnest to include the information you provide in a searchable format that may be accessed by users of the Website, other Earnest websites owned or operated by Earnest, and Other Channels. You also grant Earnest and its affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Earnest the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
4.3 Please note that Earnest does not accept unsolicited materials or ideas for use or publication. Earnest is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Earnest.
Interactive areas of the Website and Other Channels are intended to encourage public debate. We expect people to differ – judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of the Website and Other Channels, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on the Website or Other Channels at any time for any reason without notice. Decisions as to whether content violates any Earnest’ posting rule will be made by Earnest in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on the Website and Other Channels. When using the Website or Other Channels, please do not post material that:
A violation of certain of posting rules may be referred to law enforcement authorities. Earnest reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
6.1 You are prohibited from violating or attempting to violate the security of the Website or Other Channels, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Earnest will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
7.1 Your dealings or communications through the Website and Other Channels with any party other than Earnest are solely between you and that third party. For example, certain areas of the Website and Other Channels may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Earnest be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
8.1 Any software that is made available to download from the Website or Other Channels (“Software”) is the copyrighted work of Earnest’ suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
9.1 The Website and certain Other Channels are controlled, operated and administered by Earnest from its offices within the United States. Earnest makes no representation that materials or the Content available through the Website or Other Channels are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or Other Channels, or export the Content in violation of U.S. export laws and regulations. If you access the Website or Other Channels from a location outside the United States, you are responsible for compliance with all local laws.
10.1 Earnest respects the privacy of its readers. However, Earnest does make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile.
11.1 Earnest shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or Other Channels shall constitute your acceptance of any changes. Earnest shall have the right at any time to change or discontinue any aspect of the Website or Other Channels, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
12.1 You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
13.1 ALL MATERIALS AND SERVICES ON THE WEBSITE, OTHER CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. EARNEST IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR OTHER CHANNELS. BECAUSE EARNEST HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT EARNEST IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT EARNEST DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT EARNEST SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. EARNEST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR OTHER CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. EARNEST EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. EARNEST ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. EARNEST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR OTHER CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR OTHER CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. EARNEST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.
14.1 AS A CONDITION OF USE OF THIS WEBSITE AND ANY OTHER CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, EARNEST AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR ANY OTHER CHANNELS; (B) EARNEST’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU. If you are dissatisfied with any Earnest material, or with any of Earnest’ terms and conditions, your sole and exclusive remedy is to discontinue using the Website or Other Channels, as applicable.
14.2 Under no circumstances, including, but not limited to, negligence, shall Earnest, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that Earnest is not liable for any conduct of any user.
15.1 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and Other Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall control.
15.2 These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of the State of Maryland. Any action to enforce this agreement shall be brought and in and you agree to: i) submit to the exclusive jurisdiction of the federal or state courts situated in Maryland as to all claims and disputes arising hereunder and ii) the District Court of Maryland for Baltimore County, the Circuit Court of Baltimore County in the State of Maryland, or the United States District Court for the District of Maryland, Northern Division as proper venue. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of Earnest to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms and Conditions for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Earnest, and all other provisions for which survival is equitable or appropriate. Earnest may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
16.1 Contact firstname.lastname@example.org with questions or problems with the Website.