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Welcome
to Richard Torgerson's Progressive Asset Management
website. (This website is defined as the web pages
contained in the url directory
www.members.aol.com/rtorgerson and hereinafter
referred to as "this website".) The goal of this
web site is to provide information about and access
to our investment services practice. To insure a
safe, non-offensive environment for all of our
users, we have established our Terms of Use. It
spells out what you can expect from us and what we
expect from you. By accessing any areas of this
website, Users agree to be legally bound and to
abide by the terms set forth. Some of the Terms
refer to information uploaded to the site by
users, a feature not now built into this website.
These provisions are only included in the event
that further development of this website include
such interactive features.
I.
COPYRIGHT AND TRADEMARKS
This
Site and the materials within it are © 2006
Richard Torgerson. Financial West Group and FWG.com
are all service marks of Financial West Group.
Progressive Asset Management, Progressive Asset
Management, Inc., and the Progressive Asset
Management Network are all service marks of
Progressive Asset Management, Inc. All rights
reserved. These and other graphics, logos and
service marks and trademarks of Financial West
Group, Progressive Asset Management and/or Richard
W. Torgerson may not be used without prior written
consent of each respective party, as the case may
be. All other trademarks, product names, company
names, and logos appearing on this website are the
property of their respective owners
II.
DISCLAIMERS AND LIMITATION OF LIABILITY
User
expressly agrees that use of this website is at
User's sole risk. Neither Richard Torgerson, nor
Financial West Group, nor the Progressive Asset
Management Network, nor any of their officers,
directors, or employees, agents, third-party
content providers, merchants, sponsors, licensors
(collectively, "Providers"), or the like, warrant
that this website will be uninterrupted or
error-free; nor do they make any warranty as to the
results that may be obtained from the use of
information or services contained on this web site,
or as to the accuracy, reliability, or currency of
any information, content, service, or
merchandise provided through this
website.
THIS
SITE IS PROVIDED BY RICHARD TORGERSON ON AN "AS IS"
AND "AS AVAILABLE" BASIS. RICHARD TORGERSON MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE, THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, RICHARD
TORGERSON AND FINANCIAL WEST GROUP DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. RICHARD TORGERSON NOR FINANCIAL WEST
GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY RICHARD TORGERSON
NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR
THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL
USERS RELY ON ANY SUCH INFORMATION OR
ADVICE.
Under
no circumstances shall Richard Torgerson or any
other party involved in creating, producing, or
distributing this website be liable for any direct,
indirect, incidental, special, or
consequential damages that result from the use of
or inability to use this website, including but not
limited to reliance by a User on any information
obtained from this website or that result from
mistakes, omissions, interruptions, deletion of
files or email, errors, defects, viruses, delays in
operation or transmission, or any failure of
performance, whether or not resulting from acts of
God, communications failure, theft, destruction, or
unauthorized access to this website's records,
programs, or services. User hereby acknowledges
that this paragraph shall apply to all content,
merchandise, and services available through Richard
Torgerson and Financial West Group via this
website. Because some states do not allow the
exclusion or limitation of liability for
consequential or incidental damages, in such states
liability is limited to the fullest extent
permitted by law
III.
PROPRIETARY RIGHTS
User
acknowledges that this website contains
information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, and
other material (collectively "Content") that
are protected by copyrights, trademarks, trade
secrets, or other proprietary rights, and that
these rights are valid and protected in all forms,
media, and technologies existing now or hereinafter
developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and
Richard Torgerson owns a copyright in the
selection, coordination, arrangement, and
enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create
derivative works from, or in any way exploit any of
the Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies
of select portions of the Content, provided that
the copies are made only for User's personal use
and that User maintains any notices contained in
the Content, such as all copyright notices,
trademark legends, or other proprietary rights
notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see,e.g., 17 U.S.C.
Section 107), User may not upload, post, reproduce,
or distribute in any way Content protected by
copyright, or other proprietary right, without
obtaining permission of the owner of the copyright
or other propriety right. In addition to the
foregoing, use of any software Content shall be
governed by the software license agreement
accompanying such software.
IV.
DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except
as set forth in Section III a. above, User
may upload to or otherwise distribute on this
website only Content that is not subject to any
copyright or other proprietary rights
protection (collectively, "Public Content"), or
Content in which the author has given express
authorization for distribution on the World
Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a
copyright owner should contain a phrase such as
"Copyright, owned by [name of owner]; used
by permission.". The unauthorized submission or
distribution of copyrighted or other proprietary
Content is illegal and could subject the User to
criminal prosecution as well as personal liability
for damages in a civil suit. User will be
liable for any damage resulting from any
infringement of copyrights or proprietary rights,
or from any other harm arising from such
submission. Neither Richard Torgerson, nor
Financial West Group, their affiliates, nor any of
their officers, directors, employees, agents,
Providers, or the like, will be liable for any
damage resulting from any infringement of
copyrights or proprietary rights, or from any other
harm arising from such User submission. In
compliance with the Digital Millennium Copyright
Act, Users and other persons can report an
infringement to Webmaster By submitting Content to
any User-submit areas, including, without
limitation, any User book reviews or participation
in any author chats, User automatically grants, or
warrants that the owner of such Content has
expressly granted Richard Torgerson the
royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the
Content in whole or in part worldwide and/or
to incorporate it in other works in any form,
media, or technology now known or hereafter
developed for the full term of any copyright that
may exist in such Content. User also permits any
other User to access, store, or reproduce the
Content for that User's personal use. Subject
to this grant, the owner of Content placed on
FWG.com retains any and all rights, which may
exist in such Content
V.
THIRD-PARTY CONTENT
Richard
Torgerson is a distributor and not a publisher of
Content supplied by third parties and users.
Richard Torgerson has no more editorial control
over such Content than does a public library or
newsstand. Any opinions, advice, statements,
services, offers, or other information that
constitutes part of Content expressed or made
available by third parties, including Providers or
any other User of this website, are those of
the respective authors or distributors and not of
Financial West Group or its affiliates or any of
their officers, directors, employees, or agents.
Neither FWG.com nor its affiliates, nor any of
their officers, directors, employees, or agents,
nor any third party, including any Provider or any
other User of this website, guarantees the
accuracy, completeness, or usefulness of any
Content, nor its merchantability or fitness for any
particular purpose. In many instances, the Content
available through this website represents the
opinions and judgments of the respective Provider,
or User not under contract with Financial West
Group. Neither Financial West Group nor
Richard Torgerson endorses nor is responsible for
the accuracy or reliability of any opinion,
advice, or statement made on this website by anyone
other than authorized Financial West Group
employees. Under no circumstances shall Richard
Torgerson, Financial West Group, or its affiliates,
or any of their officers, directors, employees, or
agents be liable for any loss, damage or harm
caused by a User's reliance on information obtained
through this website. It is the responsibility of
User to evaluate the information, opinion, advice,
or other Content available through this
website
VI.
ONLINE CONDUCT
User
agrees to use this website only for lawful
purposes. User is prohibited from posting on or
transmitting through this website any unlawful,
harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind,
including but not limited to any material that
encourages conduct that would constitute a
criminal offense, give rise to civil liability, or
otherwise violate any applicable local,
state, national, or international law. If Richard
Torgerson is notified of allegedly
infringing, defamatory, damaging, illegal, or
offensive Content provided by User, Richard
Torgerson may investigate the allegation and
determine in his sole discretion whether to remove
or request the removal of such Content from this
website. We may disclose any Content or
electronic communication of any kind (i) to
satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or
appropriate to operate this website; or (iii) to
protect our rights or property, its Users or
Providers. Richard Torgerson reserves the right to
prohibit conduct, communication, or Content
that it deems in its sole discretion to be harmful
to individual Users, FWG.com, the communities that
make up FWG.com, or any rights of FWG.com or any
third party, or to violate any applicable law.
Notwithstanding the foregoing, neither Richard
Torgerson nor its Providers can ensure prompt
removal of questionable Content after online
posting. Accordingly, neither Richard
Torgerson, Financial West Group, nor its
affiliates, nor any of their officers, directors,
employees, or agents, nor Providers shall assume
liability for any action or inaction with respect
to conduct, communication, or content on this
website.
VII.
PRIVACY POLICY
In
accordance with the terms of our Privacy Policy, we
respect the privacy of its Users. All e-mail
sent to us from this website will be treated with
confidentiality and respect.
VIII.
TERMINATION OF USAGE
We
may terminate User's access, or suspend any User's
access to all or part of FWG.com, without notice,
for any conduct that FWG.com, in its sole
discretion, believes is in violation of any
applicable law or is harmful to the interests of
another User, a third-party Provider, a service
provider, or FWG.com.
IX.
APPLICABLE LAW
This
site is created and controlled by Richard Torgerson
in the State of Maryland. As such, the laws of the
State of Maryland will govern these disclaimers,
terms and conditions, without giving effect to any
principles of conflicts of laws. We reserve the
right to make changes to its site and these
disclaimers, terms and conditions at any time. User
hereby irrevocably and unconditionally consents
to submit to the exclusive jurisdiction of
the courts of the State of Maryland and of
the United States of America located in the State
of Maryland for any litigation arising out of or
relating to use of or purchase made through this
website (and agrees not to commence any litigation
relating thereto except in such courts), waives any
objection to the laying of venue of any such
litigation in the Maryland Courts and agrees not to
plead or claim in any Maryland Court that such
litigation brought therein has been brought in an
inconvenient forum
X.
SEVERABILITY
The
provisions of these Terms of Use are intended to be
severable. If for any reason any provision of
these Terms of Use shall be held invalid or
unenforceable in whole or in part in any
jurisdiction, such provision shall, as to such
jurisdiction, be ineffective to the extent of
such invalidity or unenforceability without in
any manner affecting the validity or
enforceability thereof in any other
jurisdiction or the remaining provisions hereof in
any jurisdiction.
ACKNOWLEDGMENT
The Terms of Use, including all documents
referenced herein, represents the entire
understanding between you and Richard Torgerson and
Financial West Group and supersedes any prior
statements or representations. YOU AGREE TO BE
BOUND BY THE TERMS OF USE by using the this web
site. The aforementioned Terms of Use are subject
to change.
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