Legal: Privacy Policy & Terms
PLEASE READ THESE TERMS OF USE CAREFULLY
AS THESE TERMS GOVERN YOUR RELATIONSHIP WITH MIDWESTPESTANDWILDLIFECONTROL.COM
These terms are subject to change at any time and at the sole discretion of the Site owner and operator. Please visit the site regularly for updates.
By accessing or using this website, services or related mobile application, social media platforms, podcasts, or other product or service (including, but not limited to midwestpestandwildlifecontrol.com) (collectively the “Entities”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. You acknowledge that these Terms of Use can be changed at any time without notice, effective upon its posting to the Entities. Your continued use of the Entities shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Entities.
CONTENT ON THE ENTITIES
The content of the pages of the Entities is for your general information and use only. It is subject to change without notice. Your use of any information or materials on the Entities is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through these Entities meet your specific requirements.
INTELLECTUAL PROPERTY
The trademarks, logos and service marks (“Marks”) displayed on the Entities, except user generated content, are the property of Management Services & Development, Ltd. and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Entities on the World Wide Web without the written permission. All information and content located on the Entities is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Entities for commercial or public purposes. Unauthorized use may give rise to a claim for damages and/or be a criminal offense.
LINKS
The Entities may post or provide links to other websites by allowing you to leave these Entities to access third-party material or by bringing third-party material into the Entities via “inverse” hyperlinks and framing technology (a “Linked Entities”). The link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website or its owners. There are inherent risks in relying upon, using or retrieving any information found on the internet, and you are urged to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked websites.
DISCLAIMER
All content, products and services on the Entities, or obtained from a Entities to which the Entities is linked (a “linked website”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Richard Mowrey and Management Services & Development, Ltd. do not endorse and are not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Entities by any other party. (b) any content provided on linked websites or (c) the capabilities or reliability of any product or service obtained from linked websites. Other than as required under applicable consumer protection law, under no circumstance will Richard Mowrey or Management Services & Development, Ltd. be liable for any loss or damage caused by your reliance on information obtained through the Entities or a linked website, or your reliance on any product or service obtained from a linked website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Entities, or obtained from linked websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products and descriptions of services published on the Entities or a linked website may include inaccuracies or typographical errors, and this notice serves specifically as a disclaimer for any liability for such inaccuracies or errors. Presentation does not constitute a warranty or representation that the content on the Entities is complete or up-to-date. There is no direct or implied obligation to update the content on the Entities. Richard Mowrey may change the content on the Entities at any time without notice and may make improvements or changes to the Entities at any time.
PASSWORDS
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify the Entities of any unauthorized uses of your user name and password or any other breaches of security. Richard Mowrey and Management Services & Development, Ltd. will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
ENTITIES USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Entities products or services. You agree not to change or delete any ownership notices from materials downloaded or printed from the Entities. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Entities, including User Generated Content (defined below), without prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
FORUMS
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any forum on the Sites. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. ALL ACTIVITY MUST BE CONSISTENT WITH THE RULES and TERMS of AGREEMENT. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
ORDERS
All orders placed through the Entities are subject to specific acceptance under the terms stated with that purchase process. This means that any order can be canceled, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, a refund will be issued.
NO PROFESSIONAL ADVICE
Any information contained in or made available through the Entities does not replace or substitute for the services of trained professionals. For instance, financial, psychological, or legal matters are not meant to be helped or solved on the Entities. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Entities, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Entities users post or otherwise make available on or through the Entities, except to the extent the Content is owned specifically by the Entities.
MOBILE SERVICES
The Entities contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
NATURE OF THE ENTITIES
All products and services connected in any way to the Entities are for educational and informational purposes only. No information on any of the Entities is a promise or guarantee of results or future earnings, and the Entities do not offer any legal, medical, tax or other professional advice. Any information provided by the Entities is conceptual and should not be taken as promises for actual or future performance. Starting and operating a business is inherently risky. Decisions based on any information presented in our products, events, services, or web site, should be done at your discretion and only with the knowledge that you could experience risk or losses as a result of your decisions. Always consult your accountant, lawyer and/ or professional advisor before making decisions related to the Entities products or services for your business or finances.
You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance. The Entities were created to help you with your business. As with any endeavor, your business requires a tremendous effort from you personally. The Entities are meant to help focus and support your work, ideas, and service. Accordingly, we cannot and do not make any guarantees for your results. The Entities are focused on helping by providing content, direction, and strategies.
CONFIDENTIALITY AND NON-COMPETE
Users of the Entities agree that the tools, processes, strategies, materials and information presented on the Entities are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Entities proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and may result in legal action if these terms are violated.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Management Services & Development, Ltd., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Entities, your conduct in connection with the Entities or with other Entities users, your submissions, or any violation of these Terms of Use, any law or the rights of any third party.
LIMITATION OF LIABILITY
RICHARD MOWREY and MANAGEMENT SERVICES & DEVELOPMENT, LTD. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS ENTITIES OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE ENTITIES OR THE CONDUCT OF OTHER ENTITIES USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A SPONSORED EVENT OR ANY USER GENERATED CONTENT, EVEN IF THERE HAS BEEN PRIOR ADVICE OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ENTITIES. YOUR ONLY REMEDY FOR USE OF THE ENTITIES OR ANY CONTENT IS TO STOP USING THE ENTITIES. THAT SAID, IF RICHARD MOWREY or MANAGEMENT SERVICES & DEVELOPMENT, LTD. ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS ENTITIES OR ANY CONTENT, THIS COLECTIVE LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Any and all disputes or claims between you and the ENTITIES or RICHARD MOWREY arising out of, relating in any way to, or in connection with the Terms of Use, the Entities or your use of the Entities, or any material or services offered or distributed through the Entities (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you are giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this section). The provisions of this section shall constitute your written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
No Class Action Matters of any type or nature shall be taken. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 7 (“Your Conduct”) of the Terms of Use.
Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
TERMINATION
Management Services & Development, Ltd. reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Entities for any or no reason, without notice, and without liability to you or anyone else. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Entities, or on other Entities (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Entities or on other Entities even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination
ORIGIN OF DIGITAL GOODS
This website is the property of Richard Mowrey and Management Services & Development, Ltd. Our address is: 103 Carmalt Avenue, Punxsutawney, PA 15767. Office telephone number is: 814-938-8170.
Privacy Policy
Management Services & Development, Ltd. (hereinafter known as “Provider,” “us” or “we”) currently owns and operates the websites known as www.RichardMowrey.com, www.MergerMentor.com, www.PrioritySeminars.com, www.Biz-Hub.com (the “Entities”). To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
We are committed to protecting your privacy and committed to developing technology that gives you the most powerful and secure online experience.
Billing and personal information is encrypted whenever transmitted or received online. Personal information is accessible only to staff, agents, or contractors of Provider.
This privacy statement applies to all Provider-owned web sites and domains. This privacy statement covers personally identifiable information, anonymous data collection and aggregate reporting. Personally identifiable information is any information that is associated with your name or personal identity.
What we collect
We collect information in order to better serve you in the events in which you elect to participate. If you register for a seminar, for example, the information is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related events. We may ask you to provide your information in connection with registering for a seminar or participating in a sweepstakes (first and last name, full mailing address, e-mail address, telephone, credit card, and other personal information). Submitting this information is optional. It is completely optional for you to engage in these activities. But, if you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by using the applicable link to unsubscribe. You can also write us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately.
How we use it
We use your personal information for the following purposes:
To make the Entities easier for you to use by not making you enter your personal information more than once.
To deliver services that you request or purchase.
To help you effectively complete your educational requirements.
To help us create and publish content most relevant to you.
To alert you of product upgrades, special offers, updated information and other new services provided from Provider.
To provide feedback in an online survey.
To participate in promotional offers.
To request assistance or fill out support requests.
Who we share it with
We never sell or rent your personal information.
Provider may transfer information about Users if Provider is acquired by or merged with another company. Provider is not responsible for notifying User of such changes.
When you register, Provider will not share your information with third parties without your permission, other than for the limited exceptions listed below. It will only be used for the purposes stated above. We use personal information to reply to inquiries, handle complaints, provide operational notices, keep records up to date to notify you via periodic e-mails of technical service issues, specials, or other related product/service information. Your information may be shared with agents or contractors of Provider for the purpose of performing service for Provider.
Exceptions to Privacy Policy
We strive to keep your personal information as confidential as possible. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk. That said, there are certain circumstances where it is our responsibility to provide your information such as:
Provider may disclose your personal information if required to do so by law (for example, a subpoena) or regulation, or in good faith to (a) comply with legal processes served on the site, or (b) protect the rights and property of Provider, or (c) where our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of, or (d) where your communication suggests possible harm to others.
In the event of an attempted breach of the security of the Entities, or a physical or property threat to you or others.
Merger/Consolidation: We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.
Payment Processors: Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties.
Internet Commerce
The online registration at Provider is designed to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. Provider is committed to data security with respect to information collected on our site.
Security of your Personal Information
Provider strictly protects the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above and in the terms of use. Inside the company, data is stored in password-controlled servers with limited access.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others.
Credit card numbers are only used for processing payment and are not used for other purposes. Our efforts to protect credit card fraud help protect your financial data security. You specifically waive and release all rights and remedies against us for any claims that arise from the conduct of our established systems.
Access to your Personal Information
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account.
To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and username, before granting access to your data.
Use of Cookies
Our Entities are not setup to track, collect or distribute personal information. Our Entities do generate certain kinds of non-identifying usage data, such as number of hits and visits to our sites. This information is used for internal purposes only. The statistics contain no personal information and cannot be used to gather such information.
Problems or complaints with Provider’s Privacy Policy
We value your comments and opinions. If you have questions, comments or a complaint about compliance with this privacy policy you may contact us.
Additional Rules & Agreements
The individual websites may require additional agreements to assure that each person can enjoy all the features of a specific site. Please read those agreements carefully and abide by them so no one’s rights are stepped on.