Book Request Terms and Conditions

Offer valid in the 50 United States and the District of Columbia, to first-time requestors. During the offer period, receive one (1) in-stock book per request. Limit one (1) book per week per household. Limit three (3) books total each calendar year, between January 1 and December 31. Offer valid while supplies last. Howard Bailey Financial, Inc. reserves the right to cancel, terminate or modify this offer at any time. Void where restricted or otherwise prohibited.

Last Modified: November 25, 2020

All information available through this website (the “Website”) is the property of Howard Bailey Financial, Inc. (the “Company”) or its information providers and is protected by copyright and intellectual property laws. All rights reserved.

You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall the information be used in connection with creating, promoting, trading or marketing financial instruments or products without the express written consent of the Company or its licensors. You are entitled to use the information it contains for your private, non-commercial use only.

The Company operates this Website to provide information, related features and services (the “Service”). The terms and conditions set forth herein (the “Terms of Use”) constitute a legally binding agreement between the Company and you regarding the terms on which the Company offers you access to the Service.

Please review the Terms of Use before accessing and using the Website. By accessing and using this Website, you agree to be bound by each of the Terms of Use, our Privacy Policy, (which is incorporated herein by reference), and all applicable laws and regulations governing the Website. If you do not agree with any of the Terms of Use, you are not authorized to access or use this Website for any purpose.

1. Contents not intended for distribution or use where prohibited: The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this Website, constitutes a solicitation or offer by the Company to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

2. These Terms of Use may change without prior notice: The Company reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Website. The last date these Terms of Use were revised is set forth above.

3. Notices of restrictions on your use of the Website: The Service, the Website and all data and information and/or content that you see, hear or otherwise experience on the Website (the “Content”) belongs to the Company, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Any content provided by third parties is used on the Website with the permission of such third parties. You may download, print and store selected portions of the Content, provided that you (1) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a website; and (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. The Company reserves complete title and full intellectual property rights in any Content you copy or download from this Website. You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer or create derivative works from any Content obtained from the Website or the Service, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Website without express written consent from the trademark owner, except as permitted by applicable law.

4. Disclaimer of warranties: The Company is not obligated to grant you access to the Website or to maintain this Website, or to maintain it in its present form, and the Company expressly reserves the right to modify, suspend or terminate your access privileges to the Website at any time. You agree and understand that the Company may, in its sole discretion and without any prior notice, close this Website or deny you access to it and delete any files which you may maintain at this Website and any information which you may choose to post on the Website.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICE OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT, AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT, OR THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5. Limitation of liability: If you are dissatisfied with the Website or any of the Content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Website. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk. TO THE FULLEST EXTENT PROVIDED BY LAW, You understand and agree that under no circumstances will the Company be liable, whether based on contract, tort, strict or statutory liability, negligence, or otherwise, for any damages whatsoever, including, but not limited to, (i) any direct, incidental, SPECIAL, consequential, exemplary, PUNITIVE or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of data, programs or information, and the like) arising out of the use of or inability to use the website, the service, or the Content provided therein, (ii) any claim attributable to errors, omissions or other inaccuracies in the website, the service and/or the Content contained therein or downloaded through the website, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any third party on the website or the service, or (v) any other matter relating to the website or the service, even if the Company has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, the Company’s liability is limited and warranties are excluded to the greatest extent permitted by law.

6. User conduct: You agree not to take any action that interferes with the proper working of the Website; imposes an unreasonable or disproportionately large load on the Website’s infrastructure; might compromise the security of the Website; render the Website or the Service inaccessible to others; or otherwise cause damage to the Website or any Content contained on the Website. You agree not to add to, subtract from or otherwise modify the Content on the Website except as expressly authorized by the Company in these Terms of Use or by a written agreement between you and the Company. Additionally, you agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Use the Website to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website, or expose the Company or them to liability.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Content.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

7. Indemnification: You agree to defend, indemnify, and hold harmless the Company, and its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

8. Limitation on Time to File Claim: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. General provisions

1. Entire agreement. These Terms of Use and the Privacy Policy constitute the entire agreement of the parties with respect to the Website, and supersede all previous written or oral agreements between the parties with respect to the Website.
2. Waiver. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
3. Correction of errors and inaccuracies. The information on the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. The Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
4. No endorsements of links. Hypertext links to third-party websites or information do not constitute or imply an endorsement, sponsorship or recommendation by the Company of the third party, the third-party website or the information contained therein. You acknowledge and agree that the Company is not responsible for the availability of any such websites and that the Company does not endorse or warrant, and is not responsible or liable for any such website or the content therein.
   
   Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
5. Severability. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.
6. Governing Law and Jurisdiction. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the state of Indiana, without regard to any conflict of laws provisions. Although you acknowledge that the Company will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Indiana, U.S.A., in each case located in the City of Fort Wayne and County of Allen, regarding any and all disputes relating to these Terms of Use, the Company’s Privacy Policy, your use of the Website, any other website, the Service, or Content contained therein.
7. Arbitration. At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.