Terms of Use

TERMS OF USE
BecomingCandace.com is an online information and communications provided by Wind & Water Inc. Advisors on this Web site have varying levels of knowledge.  BecomingCandace.com does not certify accuracy of any information or certify that any level of expertise relevant to that information has been met. Your access to and use of BecomingCandace.com (the ‘Site”) is governed by these Terms of Use and any notices and consent provided or obtained in connection with the Site (collectively, the “Agreement”). As used in this Agreement “BecomingCandace.com,” “We,” “Us,” or “Our” refers Wind & Water Inc. “You” or “Your” refers to you, the user of this Site.

TABLE OF CONTENTS
1.  Type of Content on the Site
2.  Agreement to Deal Electronically
3.  Changes to this Agreement
4.  License to Use the Site
5.  Rules Relating to Q&A Service
6.  License to Submissions to the Site
7.  Copyright
8.  Your Representations & Warranties
9.  Indemnity
10.  DISCLAIMERS OF ALL WARRANTIES AND DUTIES
11.  Links to Third Party Sites
12.  Limitation of Liability & Remedies
13.  Miscellaneous; Entire Agreement
14.  Geographical & Export Restrictions
15.  ARIZONA LAW AND ARIZONA (YAVAPAI COUNTY) FORUM; ONE YEAR STATUTE OF LIMITATIONS
BY USING THE SITE, YOU AGREE AS FOLLOWS:

1.   Type of Content on the Site
The information available on this Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collect “Content”) is not a substitute for any type of professional advise including, without limitation, psychiatric, medical, financial legal advice. Always seek the advice of an appropriate professional and never disregard professional advice or delay in seeking it because of Content on this Site. BecomingCandace.com, does not certify or endorse the Content on this Site, including without limitation any opinion, recommendation, advice, or any other information contained in the Content. BecomingCandace.com  does not warrant that masters on this web site are licensed or certified to practice in any jurisdiction; nor does BecomingCandace.com  make any warranty as to the results that may be obtained from use of this web site or its content or as to the accuracy or reliability of any information obtained through use of this site.
BecomingCandace.com  IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THE SITE.

2.   Agreement to Deal Electronically
Your use of the Site is conducted electronically and you agree that BecomingCandace.com may communicate with you electronically for aspects of your use of the Site, including sending you electronic notices. If you do not wish to deal electronically, do not use the Site. Delivery of electronic notices is not infallible, so you agree to contact BecomingCandace.com if you need information about the Site.  You agree to keep all records relating to your use of the Site and print or make an electronic copy of this Agreement and any disclosures provided on the Site. Except as prohibited by law you waive any law requiring different communication methods connection with your use of this Site. BecomingCandace.com reserves  the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail.

3.   Changes to this Agreement
The Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer’s visit. Similarly, at this Site, you are bound by the version of this Agreement that is in effect on the date of your visit. The terms of this Agreement may change from time so please review it when you visit the Site. Any use of the Site after the effective date of any change will constitute your agreement to the revised Agreement.

4.   License to Use the Site
BecomingCandace.com hereby grants you a limited, non-transferable license to access and use the Site and Content solely for your personal non-commercial purposes. Except for the license in this Section 4 BecomingCandace.com retains all right, title, and interest in and to the Site and Content. Subject to applicable law, BecomingCandace.com reserves the  right to suspend or deny, at its sole discretion, your access to all or any portion of the Site with or without notice. You may not access or use the Site or any portion of the Site if such access would violate any law. You may access and print copies of web screens from this Site, including a copy of this Agreement for your personal use. Except as provided in this Agreement permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited unless prior written consent is obtained from BecomingCandace.com. You may contact us at admin at BecomingCandace.com  if you wish to obtain consent. The Content on this Site is protected by copyright under both United States and foreign laws. All rights not express granted herein are reserved to BecomingCandace.com and its licensor.
The license in this Section 4 does not include permission to the design elements, “look and feel” or layout of this Site. Those elements are protected by law, such as trade dress, trade unfair competition, and other laws, and may not be copied or imitated in any manner. Subject to applicable law, BecomingCandace.com reserves the right to revoke the above permission at any time and  to suspend or deny, in its sole discretion, your access to a portion of the Site with or without notice. Except as expressly provided in this Agreement, neither BecomingCandace.com nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.

5.   Rules Relating to Q&A Service
If you use the question and answer service (“Q&A Segment”) you are solely responsible for communications posted by you. You agree that violation of any of the following rules constitutes a material breach of this Agreement
•   Using the Q&A Service for any purpose in violation state, national, or international laws;
•  Providing false information on your registration for impersonating any person;
•   Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights others;
•   Posting or transmitting any information, data, text, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity determined by BecomingCandace.com in its sole discretion;
•   Posting or transmitting any unsanctioned advertising promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, “junk mail “spam,” “chain letters,” or any unsolicited mass distribution of email;
•   Posting surveys, contests, or pyramid schemes;
•   Posting improper questions or answers that are not to the particular topic;
•   Stalking, harassing, or otherwise harming others;
•  Distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
•  Collecting or storing personal data about other users of the Site; Inducing, enticing, soliciting, recruiting, luring attempting to induce, entice, solicit, recruit, or lure Experts to another web site which, in BecomingCandace.com’s reasonable determination, is a competitor of BecomingCandace.com
•   Engaging in any other conduct that inhibits any other person from using or enjoying the Q&A Service or the Site;
•   Engaging in any other behavior on the Site, which in  BecomingCandace.com’s sole discretion is unacceptable.
BecomingCandace.com may (but is not obligated) to remove Content for any reason, with or without notice to you, including without limitation Submissions (as defined below) that do not conform with rules for Q&A Service and terminate your access to the Site.

6.   License to Submissions to the Site
Should you provide this Site with information, including without limitation, postings in the Q&A Segment, feedback, data, questions, comments or suggestions (“Submissions”) those Submissions will be deemed not to be confidential. You grant BecomingCandace.com a royalty-free, perpetual, irrevocable, world-wide license to copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. BecomingCandace.com may sublicense these rights to third parties.

7.   Copyright Infringement Notification & Other Reports
BecomingCandace.com relies on users of the Site to bring copyright violation to our attention. Pursuant to Title 17, United States Code, 512(c)(2), notifications of claimed copyright infringement be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify BecomingCandace.com’s agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:     Harry J. Strauss

Full Address of Designated Agent to Which Notification Should be Sent:
Harry J. Strauss
PO Box 50576
Parks, AZ 86018
Telephone Number of Designated Agent:  (928)635-1444
To be effective, the Notification must include the following:
•   A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;
•  Identification of the copyrighted work claimed to have infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
•  Identification of the material that is claimed to be infringing 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 BecomingCandace.com to locate the material;
•  Information reasonably sufficient to permit BecomingCandace.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
•   A statement that you have a good faith belief that use material in the manner complained about is not authorized by  the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and penalty of perjury, that you are authorized to act on behalf of  the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, BecomingCandace.com does not guarantee any action based upon the receipt of such information. ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
Questions and comments about the Site (other than claim copyright infringement) should be directed to admin at BecomingCandace.com

8. Your Representations & Warranties
You represent and warrant for the benefit of BecomingCandace.com and  BecomingCandace.com’s licensors, suppliers, and any third parties mentioned on the Site that: (a) you are at least 18 years of age or you  have obtained verifiable parental consent to use this site; (b) you possess the legal right and ability to enter into and make representations and warranties contained in this Agreement; (c) all information that you submit to us is true and accurate; (d) will keep your registration information current; (e) you will be responsible for all use of your Account even if such use was conducted without your authority or permission (for exam not by way of limitation, if an unauthorized third party submits or answers a question under your Account); (f) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement (for example, and not by way of limitation, abiding by  the Q&A Segment Rules); and (g) all Submissions are owned by you and BecomingCandace.com use of the Submissions does not infringe or violate the intellectual property or other rights of any third parties.

9. Indemnity
You agree to defend, indemnify and hold harmless BecomingCandace.com,. officers, directors, employees, agents, licensors, and suppliers from and against all claims, actions or demands, liabilities settlements, including, without limitation, reasonable legal accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.

10. DISCLAIMERS OF ALL WARRANTIES AND DUTIES
THIS SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND.  BecomingCandace.com AND BecomingCandace.com’S LICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE.  THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IN CONNECTION WITH THE SITE CONTENT IS WITH YOU.
IN ADDITION, BecomingCandace.com DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

11.     Links to Third Party Sites
As a convenience, we may provide links to third party web sites from the Site. BecomingCandace.com is not responsible for and does not endorse the informational content or any products or services available on any third-party web site and does not make any representations regarding its content or accuracy. We do not control any third party web site and we are not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Your use of third party websites is at your own risk and subject to terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter.

12. Limitation of Liability and Remedies
IN NO EVENT WILL BecomingCandace.com OR BecomingCandace.com’s LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL
INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY 0R OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF BecomingCandace.com  AND EVEN IF BecomingCandace.com  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT
INCUR FOR ANY REASON, YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO DISCONTINUING YOUR USE OF THE SITE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. IF, HOWEVER, A COURT OF COMPETENT JURISDICTION DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES
PURSUANT TO APPLICABLE LAW YOU AGREE THAT BecomingCandace.com’S LIABILITY WILL NOT EXCEED THE AMOUNT OF FIVE DOLLARS (U.S. $5.00). YOU ACKNOWLEDGE THAT THIS PROVISION IS FAIR SINCE THE SITE AND YOUR USE OF IT IS PROVIDED BY BecomingCandace.com FREE OF CHARGE.

13. Miscellaneous; Entire Agreement
If any part of this Agreement is determined to be illegal, void or unenforceable, then the invalid or unenforceable provision or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in original provision (or portion) and the rest of the Agreement will continue in full force and effect. The Agreement constitutes the entire agreement between you and BecomingCandace.com with respect to the Site and your use of the Site, and supersedes all other (prior contemporaneous) communications or displays whether electronic, oral, or written, between you and BecomingCandace.com regarding the Site and your activities.

14. Geographical & Export Restrictions
You agree that all Content posted or accessible via the Site is subject to applicable export control laws and regulations of the United States Government. You agree not to export or re-export any Content directly or indirectly, to any country not permitted by United States export restrictions.

15. ARIZONA LAW AND ARIZONA (YAVAPAI COUNTY) FORUM; ONE- YEAR STATUTE OF LIMITATIONS
This Agreement is governed by the law of the state of Arizona U.S.A, without giving effect to the principles of conflicts of laws thereof. Your consent to this Agreement includes your consent to jurisdiction and venue in the courts in Arizona, U.S.A. in all disputes arising out of or relating to this Agreement. BecomingCandace.com makes no claims that this Site is appropriate for viewing or accessing outside of the United States. You consent to exclusive jurisdiction and venue in the courts of Yavapai County, Arizona. You waive all defenses of lack of jurisdiction, venue, or forum non-conveniens.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. BecomingCandace.com’s performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that we may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring in connection with the Site, including without limitation any Content, must be commenced within (1) year after the claim or cause of action arises or such claim or of action is barred. In any dispute between BecomingCandace.com and relating to this Site, the prevailing party will be entitled to attorney fees, costs and expenses.