These Terms and Conditions of Use (this “Agreement”) governs your access to and use of josephnoko.com (“Site”), and “The Mirandolan” email newsletter (“Newsletter”). The Site and Newsletter are jointly referred to as “Joseph Noko’s Media”; by using Joseph Noko’s Media, you accept these terms and conditions in full. This Agreement supplements any other agreement between you and Joseph Noko. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Joseph Noko’s Media. By accessing and using Joseph Noko’s Media, you agree to be bound by the terms of this Agreement. Joseph Noko may change the terms of this Agreement at any time without notice. Any change will be posted at josephnoko.com under “Terms of Service”. Your use of Joseph Noko’s Media after any changes have been posted will constitute your agreement to the modified Terms and Conditions of Use. Therefore, you should read these Terms and Conditions of Use from time to time for changes. Joseph Noko’s Media is not directed at, or intended for use or distribution by, any person or entity which is a citizen or resident of or located in any jurisdiction or country where such use, distribution or availability would be contrary to law or regulation or which would subject Joseph Noko to any licensing or registration requirements within such jurisdiction or country.
Eligibility
You may use Joseph Noko’s Media only if you can form a binding contract with Joseph Noko, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to Joseph Noko’s Media by anyone under 18 is strictly prohibited and in violation of this Agreement. Joseph Noko’s Media is not available to any Users previously removed by Joseph Noko.
License to use Joseph Noko’s Media
Unless otherwise stated, Joseph Noko owns the intellectual property rights in Joseph Noko’s Media and material in Joseph Noko’s Media. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from Joseph Noko’s Media for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from Joseph Noko’s Media;
- reproduce, duplicate, copy, or otherwise exploit material on Joseph Noko’s Media for a commercial purpose;
- republish material from Joseph Noko’s Media (including republication on another website or app) except for as provided in Permitted Sharing below;
- show any material from Joseph Noko’s Media in public except for as provided in Permitted Sharing below;
- edit or otherwise modify any material in Joseph Noko’s Media; or redistribute material from Joseph Noko’s Media without permission from Joseph Noko except as provided in Permitted Sharing below;
- use a group inbox to subscribe to the Newsletter, or;
- share the monthly “The Mirandolan” Newsletter beyond the limits provided in Permitted Sharing below. Occasional free articles made freely accessible on Joseph Noko’s Media may be shared freely. If more than one person in your company wants regular access to the Newsletter, Joseph Noko offers volume pricing for multiple subscriptions.
Violation of any of these restrictions (or any other of the Terms of Service) shall result in immediate account termination without warning and without refund. Moreover, any violation of these restrictions may further subject you to liability for violation of Joseph Noko’s intellectual property rights and further claims and damages.
Permitted Sharing
A subscription is for one person only.
- Occasional articles made freely available on Joseph Noko’s Media and designated as such may be forwarded without limit.
- “The Mirandolan” Newsletter may be forwarded privately to a friend(s) or colleague(s) no more than four times per month provided it does not result in the The Mirandolan’s publication in any form.
- You may take a screenshot of partial content from Joseph Noko’s Media for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to Joseph Noko.
- You may reproduce a reasonable excerpt from Joseph Noko’s Media for a blog post or other publication provided such publication includes attribution and link to josephnoko.com. Such excerpts shall not exceed 40% of content in the originating Joseph Noko’s Media.
Joseph Noko reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.
Acceptable Use
You are permitted to store, display, analyze, modify and print the information and results made available to you through Joseph Noko’s Media solely for your own internal use. You shall not disclose, publish, transmit or otherwise reproduce these information or results, in whole or in part, in any format to any third party without the express written consent of Joseph Noko. You will not collect content or information, or otherwise access Joseph Noko’s Media, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. This Agreement is not intended to, and does not, transfer or grant any rights in or licenses to the information and financial tools provided in Joseph Noko’s Media other than those which are specifically granted by Joseph Noko, and all rights not expressly granted by Joseph Noko are reserved by and for Joseph Noko or the third party providers from whom Joseph Noko has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this Site from time to time concerning information obtained from specific third party providers.
You must not use Joseph Noko’s Media in any way that causes, or may cause, damage to Joseph Noko’s Media, or impairment of the availability or accessibility of Joseph Noko’s Media; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Joseph Noko’s Media.
You must not use Joseph Noko’s Media for any purposes related to marketing without Joseph Noko’s express written consent.
Joseph Noko’s Media, including his reports, are not permitted to be used as data feeds or access for large amounts of data unless expressly permitted in his Licensing Agreement with the user.
Restricted access
Access to certain areas of the Website is restricted. Joseph Noko reserves the right to restrict access to other areas of this website, or indeed this entire website, at Joseph Noko’s discretion.
If Joseph Noko provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
If Joseph Noko provides you with an RSS feed that includes restricted content, you may not share that feed or use it in any application other than an RSS feed reader. Joseph Noko may disable your RSS access at any time at its sole discretion without notice or explanation.
Joseph Noko may disable your user ID and password at Joseph Noko’s sole discretion without notice or explanation.
No Solicitation, Offer or Recommendation
The information, financial tools and other material presented on Joseph Noko’s Media have been prepared and provided to you for informational purposes only and are not to be used or construed as an offer or a solicitation to sell or an offer or solicitation to buy or subscribe for securities or other financial instruments, nor do they constitute any advice or recommendation with respect to such securities or other financial instruments. The information and materials presented on Joseph Noko’s Media have been obtained or derived from sources believed by Joseph Noko to be reliable; however, Joseph Noko has not verified this information and Joseph Noko does not represent that Joseph Noko’s Media is accurate, current, or complete and it should not be relied upon as such. Joseph Noko shall not be liable for any loss arising from the use of the information, financial tools and other material provided through the use of this Site.
Disclaimer of Warranties; No Liability for Content
You agree that your use of Joseph Noko’s Media is at your sole risk. Joseph Noko makes no warranty whatsoever to you, express or implied, regarding the security of Joseph Noko’s Media, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through Joseph Noko’s Media. The information, financial tools, materials and other services provided through Joseph Noko’s Media are on an “AS IS” basis. Neither Joseph Noko nor any of his third party providers shall have any responsibility to maintain or update the information and materials available on Joseph Noko’s Media or to supply any corrections or updates thereto. Joseph Noko maintains the right to add, delete or modify information on Joseph Noko’s Media without prior notice. Joseph Noko expressly disclaims all warranties, express or implied, regarding Joseph Noko’s Media and any results to be obtained from the use of Joseph Noko’s Media, including, but not limited to, all warranties of merchantability, fitness for a particular purpose or use and all warranties arising from course of performance, course of dealing and/or usage of trade or their equivalents under the applicable laws and regulations of any jurisdiction. Joseph Noko does not warrant or guarantee, and Joseph Noko shall not incur any liability (contingent or otherwise) regarding, the accuracy, timeliness, suitability, completeness, correctness, quality or availability of Joseph Noko’s Media or the information or results obtained from the use of Joseph Noko’s Media, or that Joseph Noko’s Media or such information or results will be free from inaccuracies or errors. Under no circumstances and under no theory of any law, regulation, tort, contract, strict liability or otherwise, shall Joseph Noko be liable to anyone for any damages resulting from access to or use of, or the inability to access or use, Joseph Noko’s Media regardless of whether they are direct, indirect, special, incidental, consequential, punitive or damages of any character, including damages for trading losses or lost profits, or for any claim or demand by any third party, even if Joseph Noko knew or had reason to know of the possibility of such damages, claim or demand.
No Liability Arising From Use
Neither Joseph Noko nor any of his third party vendors will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of Joseph Noko’s Media, or resulting from the act or omission of any other party involved in making Joseph Noko’s Media or the data or tools contained herein, or from any other cause relating to your access to, inability to access, or use of Joseph Noko’s Media, whether or not the circumstances giving rise to such cause may have been within the control of Joseph Noko or of any vendor providing software or services support. In no event will Joseph Noko or any such parties have any liability, contingent or otherwise, to you or to third parties for the continued availability, completeness, delays, omissions, or interruptions in the delivery of the data and services available on Joseph Noko’s Media or for any other aspect of the performance of Joseph Noko’s Media or for any failure or delay in the execution of any transactions through Joseph Noko’s Media. Joseph Noko will have no responsibility to inform you of any difficulties experienced by Joseph Noko or third parties with respect to the use of Joseph Noko’s Media or to take any action in connection therewith.
No Determination of Suitability
The fact that Joseph Noko has made the information and financial tools and services provided on Joseph Noko’s Media available to you constitutes neither a personal recommendation that you enter into a particular transaction nor a representation that any financial tool described on Joseph Noko’s Media is suitable or appropriate for you. Nothing in Joseph Noko’s Media constitutes business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice. You should not make this service the primary basis for any investment decisions made by or on behalf of you, your accountants or your managed or fiduciary accounts.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Reasonableness
By using Joseph Noko’s Media, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website or Joseph Noko’s Media.
Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Joseph Noko’s Media must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Joseph Noko’s Media at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.
Assignment
Joseph Noko may transfer, sub-contract or otherwise deal with Joseph Noko’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Termination of Service
You may terminate your Joseph Noko account and access to Joseph Noko’s Media by submitting a termination request through the “Cancel My Membership” link on the Login page while logged into your account.
Joseph Noko may terminate or suspend your access to Joseph Noko’s Media or your membership at any time, for any reason, and without warning. Joseph Noko may also terminate or suspend access to Joseph Noko’s Media immediately, without prior notice or liability, if you breach any of the Terms of Use.
Upon termination of your account, your right to use Joseph Noko’s Media will immediately cease. Termination of your account includes any or all of the following: (a) removal of access to all or part of Joseph Noko’s Media, (b) deletion of your login credentials and all related information, data, and content associated with your account, and (c) barring of further use of all or part of Joseph Noko’s Media.
If your account is terminated for violation of our Terms of Use, we may retain sufficient account information to maintain the termination.