The Brett Kitchen, Ethan Kap and WealthSoft Web Site (the “Site”) is an online information service provided by Brett Kitchen, Ethan Kap and WealthSoft (“Brett Kitchen, Ethan Kap and WealthSoft “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Brett Kitchen, Ethan Kap and WealthSoft MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Brett Kitchen, Ethan Kap and WealthSoft, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Brett Kitchen, Ethan Kap and WealthSoft a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Brett Kitchen, Ethan Kap and WealthSoft by all means and in any media now known or hereafter developed. You also grant to Brett Kitchen, Ethan Kap and WealthSoft the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Brett Kitchen, Ethan Kap and WealthSoft for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Brett Kitchen, Ethan Kap and WealthSoft.
Rates and assumptions are not guaranteed and may be subject to change. As in all assumptions and examples, individual results may vary based on a wide range of factors unique to each person’s situation. All data provided on this website are to be used for informational purposes only. The information contained on this website and pages within is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company, and should not be relied upon in that regard. Neither Brett Kitchen, Ethan Kap nor Brett Kitchen, Ethan Kap and WealthSoft are responsible for any errors or omissions, or for the results obtained from the use of this information. Any slights against individuals, companies, or organizations are unintentional.
The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in this website is not all-inclusive and is limited to information that is made available to Brett Kitchen & Ethan Kap and Brett Kitchen, Ethan Kap and WealthSoft, and such information should not be relied upon as all-inclusive or accurate.
Materials in this website are copyrighted, and all rights are reserved. Text, graphics, databases, software, HTML code and other intellectual property are protected by U.S. and international copyright laws, and they may not be copied, reprinted, published, reengineered, translated, hosted or otherwise distributed by any means without explicit permission in writing from WealthSoft. WealthSoft™ and is a registered trademarks owned by Insurance Mavericks LLC.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Brett Kitchen, Ethan Kap and WealthSoft. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
You understand that, except for information, products or services clearly identified as being supplied by Brett Kitchen, Ethan Kap and WealthSoft, Brett Kitchen, Ethan Kap and WealthSoft does not operate, control or endorse any information, products or services on the Internet in any way. Except for Brett Kitchen, Ethan Kap and WealthSoft- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Brett Kitchen, Ethan Kap and WealthSoft a. You also understand that Brett Kitchen, Ethan Kap and WealthSoft cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Brett Kitchen, Ethan Kap and WealthSoft PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Brett Kitchen, Ethan Kap and WealthSoft SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Brett Kitchen, Ethan Kap and WealthSoft DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Brett Kitchen, Ethan Kap and WealthSoft HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL Brett Kitchen, Ethan Kap and WealthSoft BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Brett Kitchen, Ethan Kap and WealthSoft OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Brett Kitchen, Ethan Kap and WealthSoft LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Brett Kitchen, Ethan Kap and WealthSoft makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Brett Kitchen, Ethan Kap and WealthSoft web site, please understand that it is independent from Brett Kitchen, Ethan Kap and WealthSoft, and that Brett Kitchen, Ethan Kap and WealthSoft has no control over the content on that web site. In addition, a link to a Brett Kitchen, Ethan Kap and WealthSoft web site does not mean that Brett Kitchen, Ethan Kap and WealthSoft endorses or accepts any responsibility for the content, or the use, of such web site.
Compensation & Affiliate Disclaimer policy, (valid from 18 November 2009.)
As directed by the FEDERAL TRADE COMMISSION, (see 16a CFR Part 255) a Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this policy is to establish any compensatory affiliation between the site owner and affiliate networks Amazon, Clickbank, Commission Junction, Google, Share-A-Sale and any individual vendors they represent and that the site owner has established an affiliate relationship.
This website is written and edited by the site owner and contributing guests. For questions about this blog, please contact email@example.com/site-files.
This site may at times accept forms of cash advertising, sponsorship, paid insertions or other forms of affiliate compensation.
The compensation received may or may not influence the advertising content, topics or posts made in this website. That content, advertising space or post may not always be identified as paid or sponsored content. Not all content is written or presented for the sole purpose of receiving affiliate income.
The owner(s) of this website is compensated through various affiliate programs and some content presents opinions on products, services, websites and various other topics. Even though the owner(s) of this blog may receive affiliate compensation for posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the site owners. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
This website does contain some content which may or may not present a conflict of interest. This content may not always be immediately identified due to the nature of content posting methods. When possible every attempt will be made to identify advertising from general non-advertising content.
Disclosure Policy Last updated 2/4/2010
The filling out of any and all forms on this website constitutes your expressed consent and permission to be contacted by WealthSoft, its owners, employees, and associates of the company through the mediums you have provided to us.
The forms referenced include, but are not limited to the following: request to be on our email or snail mail lists, requests for a WealthSoft analysis, and requests for an analysis from Brett Kitchen or Ethan Kap.
This consent and permission granted negates any action you can take against WealthSoft, its owners, and associates due to your registration to the “Do Not Call Registry” or any other do not contact registry that you have submitted to for mail, email, fax, or phone communications.
By entering comments in any area of this website, including the blog, you are giving your expressed consent and permission to WealthSoft, its owners, and associates to use your given comments for any and all purposes. This includes, but is not limited to: marketing, case studies, and examples.
You agree to indemnify, defend and hold harmless Brett Kitchen, Ethan Kap and WealthSoft, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Brett Kitchen, Ethan Kap and WealthSoft and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Brett Kitchen, Ethan Kap and WealthSoft and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Brett Kitchen, Ethan Kap and WealthSoft’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Brett Kitchen, Ethan Kap and WealthSoft may assign its rights and duties under this Agreement to any party at any time without notice to you.
To the extent you have in any manner violated or threatened to violate Brett Kitchen & Ethan Kap and Brett Kitchen, Ethan Kap and WealthSoft’s and/or its affiliates’ intellectual property rights, Brett Kitchen & Ethan Kap and Brett Kitchen, Ethan Kap and WealthSoft and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall not be affected thereby.
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