Thank you for visiting Ellis Pond Marketing (http://www.ellispond.com), hereinafter referred to as “Ellis Pond”, “Site”, or “Website”.
This page contains the following legal documents and policies for Ellis Pond:
- Terms and Conditions of Use (this includes video, audio, and written content)
- Anti-Spam Policy
- Material Connections and Compensation Disclosure
- Policy Regarding External Links
- Earnings Disclaimers
- Miscellaneous Provisions
- Digital Millennium Copyright Act (“DCMA”) copyright infringement handling procedures
Terms And Conditions Of Use
By using, viewing, or interacting with http://www.ellispond.com, you agree to conform and be legally bound by the terms and conditions that follow below. If you do not agree with or wish to be bound by these terms and conditions of use, exit the Site and do not interact with Ellis Pond.
Third Party Data Collection
This Site uses third party tracking systems that collect user data for the purposes of marketing, and remarketing, to users of http://www.ellispond.com. These third parties, as well as Ellis Pond, use first-party cookies or other third-party identifiers to collect user data to assist in developing content, products, and in marketing said content or products to its users.
By using, viewing, or interacting with http://www.ellispond.com, you accept the Site’s, and the third-parties used by the Site, use of data collection tools, and you consent to the collection of your anonymous data, including use data, demographic data, interest data, psychographic data, and other anonymous data deemed necessary by the Site and the third parties it uses.
If you do not agree to the collection and use of your user data, please cease all interaction with http://www.ellispond.com and any affiliated domains and subdomains.
You may also opt-out of Google Analytics Advertising features through the use of Ads Settings, Ad Settings for mobile apps, or any other available means (such as NAI’s consumer opt-out, or the use of such plugins as Ghostery).
You may also go to https://tools.google.com/dlpage/gaoptout/ to install the Google opt-out tool to your web browser, which will give you more power over the data that is collected about you as you interact with web pages and apps.
Video And Audio Content
Ellis Pond may contain videos and/or audio recordings (individually and collectively referred to hereinafter as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.
Recordings Are For Entertainment And Informational Purposes Only
Under no circumstances are the Recordings intended to provide specific legal, financial, tax, physical health, mental health, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. If any products, services, or recommendations for products or services are described in the recordings, they are only offered in jurisdictions where they may be legally offered. Information provided in the Recordings are not all-inclusive, and are limited to information that is made available, and the information provided should not be relied upon as all-inclusive or accurate.
Recordings Embedded On Site From External Social Media Sites Not Owned By Ellis Pond
Some Recordings embedded on the Site are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as Youtube.com (individually and collectively, the “Third Party Social Media Sites”).
We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. In addition, we make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. If we embed such Recordings on Ellis Pond, it is done pursuant to the applicable licenses to do so granted by the Third Party Social Media Sites.
Any videos embedded on this Site do not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.
Recordings are provided only for your convenience, and we do not control or make any guarantees regarding the accuracy, thoroughness, completeness, relevance, or timeliness of any information contained in the Recordings. Also, you should be aware that Third Party Social Media Sites may (and likely do) track your viewing and listening habits.
If Recordings embedded on this Site were created by us but are hosted on Third Party Sites, we retain all intellectual property rights for such Recordings except to the extent we grant a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
Embedded Recordings Owned By Us And Hosted On Our Servers Or Third Party Servers Excluding Third Party Social Media Sites
Some of the Recordings embedded on Ellis Pond may be created by us and hosted on our servers or the servers of third parties. This may include, but is not limited to, cloud hosting services (i.e., Amazon.com) but excludes the Third Party Social Media Sites described above.
We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for us.
Hosting our Recordings on third party servers does not create any association, agency, joint venture, or partnership whatsoever between Ellis Pond and the owners of those servers, or impose any liability attributable to such a relationship upon either party.
Recordings are provided only for the convenience of their viewers and listeners. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. Know that we may track your viewing and/or listening habits, as may the owners of the third party servers hosting the Recordings.
Personal Non-Exclusive Revocable Nontransferable License
When you watch, listen, or otherwise engage with the Recordings on Ellis Pond, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us.
The Recordings are the exclusive property of their respective owners, and your engagement with the Recordings does not alter those rights. You agree and understand that the Recordings may not be resold or otherwise distributed by you without consideration and permission by us. You will not make the Recordings available to any third party. You may not reproduce or summarize the Recordings in any way.
You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 48 hours of watching or listening to the Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon request by us if we deem you have committed a material violation of the terms and conditions contained in this document.
Recordings That Are Broken Or Obsolete
Ellis Pond is constantly being updated and edited, and any and all Recordings may be posted, altered, or removed at any time. If there are issues or problems with any Recordings on Ellis Pond, or if you would like more information about any Recordings on the Site, please email your question or issue to support[at]ellispond.com.
Digital Product “Expiration”
Any digital training, educational products, and entertainment products created by and for Ellis Pond have an expiration date of 12 months from the time of purchase. What this means is that if you buy a digital product from us, you should expect that any links, documents, manuals, eBooks, articles, videos, software, and any other digital information or products to be live, accessible, and usable for a 12 months following your date of purchase.
Any recurring memberships or subscription programs do not fall under the Digital Product “Expiration” period of 12 months. Any recurring subscriptions or memberships will remain active, accessible, and usable for an ongoing basis as long as you remain current with your membership dues. If you do not pay your membership dues, your account may be terminated, and any/all data stored within that account may be deleted.
You understand and agree that your use of Ellis Pond is limited and non-exclusive as an individual nontransferable revocable license. Your license to use Ellis Pond may be terminated for any reason whatsoever at our discretion, without giving you notice of your license’s terminated status.
All content on Ellis Pond is owned by us or our content suppliers. On behalf of ourselves and on behalf of our content suppliers, we claim all property rights for this content, including intellectual property rights, and under no circumstances are you allowed to infringe upon those rights. Anyone who attempts to steal or otherwise infringe upon our property rights will be prosecuted to the fullest extent of the law.
You agree not to copy content from our website without our permission. If you would like to seek permission to use our content, please submit that request to admin[at]ellispond.com.
If you believe Ellis Pond has infringed upon your intellectual property rights, please let us know by emailing admin[at]ellispond.com, or by sending postal mail to us at the address listed below. Please tell us in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
For copyright infringement issues, please follow the instructions in the DMCA Notice found below on this web page.
Disclaimers And Limitations Of Liability
THE INFORMATION ON ELLIS POND IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT USING OUR WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE WILL ALWAYS BE AVAILABLE TO YOU, THAT ACCESS WILL BE UNINTERRUPTED, THAT THE SITE OR ITS CONTENT WILL BE ERROR-FREE, THAT IT WILL MEET YOUR REQUIREMENTS OR NEEDS, OR THAT ANY DEFECTS IN THE SITE OR ITS CONTENT WILL BE CORRECTED.
INFORMATION ON ELLIS POND SHOULD NEVER BE CONSTRUED AS PROFESSIONAL ADVICE FROM US, AND SHOULD NOT NECESSARILY BE RELIED UPON. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED ON THE SITE OR IN ANY OF THE CONTENT WILL BE ACCURATE OR COMPLETE, AND WE ARE NOT RESPONSIBLE SHOULD YOU SUFFER ANY LOSS RESULTING FROM YOUR DEPENDENCE OR RELIANCE ON SUCH INFORMATION.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO HALT USE OF THE SITE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO OR ARISING OUT OF ELLIS POND SHALL NOT EXCEED ONE HUNDRED FIFTY ($150) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY AFFILIATES EXIST). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
Obscene And Offensive Content
We are not responsible for any obscene or offensive content you receive or view from others while using our Site. If for some reason you do happen to receive or view obscene and offensive content, please let us know by email at admin[at]ellispond.com so we can address the issue. Although not required to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material that is posted to our Site.
You understand and agree that you will indemnify, defend, and hold us and our affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, that arise from your use of our Site or your violation of these terms, conditions, and policies.
Compliance With Governing Law And Dispute Resolution
You agree that while using our Site you will obey all applicable laws.
You agree that the terms and conditions of use are governed by the laws of Tennessee, without regard to conflicts of laws provisions.
You agree that any dispute that occurs between you and us, excluding any intellectual property right infringement claims that we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and can not be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Nashville, Tennessee, USA. Each party shall bear one half of the arbitration fees and costs incurred, with each party being responsible for their own legal and lawyer fees.
Telephone Consumer Protection
You consent to receive autodialed and/or pre-recorded telemarketing calls from or on behalf of Ellis Pond and its affiliates if you provide us with a telephone number. I understand consent is not a condition of purchase.
Just like you, we don’t like receiving unsolicited commercial email (hereafter referred to as Spam), and we do not participate in its proliferation. The internet space has enough going on without adding to the clutter.
The CAN-SPAM Act of 2003 (Controlling the Assault Of Non-Solicited Pornography and Marketing Act) is meant to eliminate Spam as much as possible, and we fully support and comply with the requirements of the act, as well as all other applicable anti-Spam email laws.
If you sign up for our list to receive electronic newsletters, emails, and other electronic communications, you will always have the ability to unsubscribe from our list right away.
If you have concerns, comments, or just want more information, please contact us by emailing info [at] ellispond.com and let us know what information you need.
If it’s more convenient, you can send your information request via analog mail (some people refer to it as “snail mail”):
Ellis Pond Direct Marketing
188 Front Street
Franklin, TN 37064
Material Connections And Compensation Disclosure Policy
You should always do your own research and investigate any and all products and services before buying them from anyone via the internet. This includes products and services sold on this Site and all other websites.
Unless stated otherwise, you should assume that all references, links, or mentions of products and services on Ellis Pond are made because there is a relationship or material connection that exists between the website’s owner(s) (“Owner”) and the providers of the products and services mentioned (“Provider”).
Good Faith Recommendations
The Owner recommends products and services based in part on a good faith belief that the purchase, use, and application of the recommended products and services will generally help those who purchase them. The Owner has this good faith belief because:
- The Owner has tried and used the product prior to the recommendation, or
- The Owner has researched the product and the reputation of the Provider, and is recommending the Provider’s product or services based on the Provider’s history of offering, producing, or providing these or other services or products.
The representations made by the Owner about the products and services reflect the Owner’s honest opinion based on the facts known to the Owner at the time a service or product is mentioned on Ellis Pond.
Potential Bias And Due Diligence
The opinion about a product or service that the Owner expresses may be formed partially (either consciously or subconsciously) on the fact that the Owner has or will be compensated because of the Owner’s business relationships with the Providers.
Sometimes the Owner and a Provider has a business or personal relationship that does not involve the Owner receiving compensation related to products and services mentioned on Ellis Pond. However, the nature of the relationship is enough to establish a material connection between the Owner and the Provider.
Because of the material connection that may exist between the Owner and Providers of services and products that are mentioned and/or featured on Ellis Pond, you should always assume the Owner may be biased because of the Owner’s relationship with a Provider and/or because the Owner has received or will receive something of value from a Provider.
Do your own research before purchasing a product or service mentioned on Ellis Pond.
How the Owner is compensated may vary. For example, the Owner may receive services, money, free products, or other benefits prior to mentioning the Provider’s products or services on Ellis Pond.
External Links Policy
Ellis Pond contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are provided for your convenience. We do not control or guarantee the accuracy, relevance, quality, completeness, or timeliness of any information or privacy policies posted on the websites Ellis Pond links to. Be aware that it is very likely these websites track visitors and their viewing habits.
Unless we state otherwise, links to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations who sponsor the websites, the views or opinions expressed on the websites, or the products or services offered on the websites.
We allow links to our website if they do not imply an endorsement by, or affiliation with, Ellis Pond absent written consent. If we operate an affiliate program, our affiliates may link to our website pursuant to the terms and conditions of our affiliate agreement with them.
We occasionally review Ellis Pond for broken or otherwise outdated links. Any and all links may be posted, altered, or removed at any time without notice. In addition, links to external websites may expire over time. If links to external websites expire, it is beyond our control. If you wish to report problems with links to our website, or for more information about this policy and how it affects you, please send an email to admin[at]ellispond.com.
Health And Earnings Disclaimers
Ellis Pond may reference health-related products and/or services. Ellis Pond may also refer to business opportunities, other money-making opportunities, or marketing strategies and tactics. If any such content exists on this website, the following disclaimers apply.
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase products or services from Ellis Pond. The following disclaimers apply to the extent Ellis Pond, our products or services, and/or our communications with you refer to income, earnings, making money, or health-related (physical and/or mental matters).
No Earnings Projections, Promises, or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, guarantees, or representations of any kind to you about future earnings or prospects, or that you will earn any money, with respect to your purchase of Ellis Pond products, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think someone could earn. There is no guarantee or assurance you will do as well as stated in any examples, or that you will make anything at all. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
Past performance is no guarantee of future results for you in terms of monetary compensation, or advertising credits, convertible to cash or not, nor can any prior successes be used as an indication of your future success or results from any of the information, content, or strategies contained within Ellis Pond. Any and all income or earnings or income claimed or represented are not to be considered as “common earnings” or “average earnings”.
1.) The Economy. There are any number of factors which can determine success or lack of success. The economy, where you do business, national and worldwide economic trends and conditions, create additional uncertainty and economic risk. An economic recession, depression, or other economic event might negatively impact the results you are able to obtain by using Ellis Pond products or services.
2.) Your Success Or Your Lack Of Success. Your success in using the information, products, strategies, or services offered by Ellis Pond depend on a number of factors. There is no way we can know how well you will do, as your success is at least in part dependent on your background, your work ethic, your dedication, your diligence, your perseverance, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will make any money, that you will get rich, that you will do as well, or that you will do anything at all.
Internet businesses, internet marketing, and earnings derived from internet activities, involve risks that are unknowable in advance and are not suitable for everyone. You may not rely on any information presented on Ellis Pond or otherwise provided by us, unless you do so knowing and understanding that you may experience significant losses (including, but not limited to, the loss of any monies paid to purchase Ellis Pond products and/or services, and/or any monies spent setting up, operating, and/or marketing Ellis Pond products, and further, that you may have no earnings at all).
3.) Forward-Looking Statements. MATERIALS CONTAINED ON ELLIS POND OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION INCLUDING OR BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU WILL BE ABLE TO IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE”, “EXPECT”, “INTEND”, “BELIEVE”, “ESTIMATE”, “PROJECT”, “PLAN”, AND OTHER WORDS AND TERMS WITH SIMILAR MEANINGS IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM ELLIS POND ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING THE RESULTS YOU ACTUALLY ACHIVE AND WE MAKE NO GUARANTEES THAT YOU WILL ACHIVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, AND WE IN NO WAY GUARANTEE THAT YOU WILL RECEIVE ANY RESULTS FROM OUR IDEAS, CONCEPTS, STRATEGIES, OR TECHNIQUES IN OUR MATERIAL.
4.) Due Diligence. You are advised to do your own research (due diligence) when it comes to making business decisions. You should be cautious and seek professional advice. you should check with your accountant, lawyer, professional advisor, or other professional before taking action on this or any other information. You may not consider anything on this website, be it an example, a document, or any other content on Ellis Pond or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions.
We do not assume responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
5.) Purchase Price. We believe the prices set for the products and services offered on Ellis Pond are fair given the value you receive, but you should understand and agree that the purchase price for Ellis Pond products and services has been set arbitrarily. This price does not bear any relationship to objective standards.
Any references to physical or mental health on Ellis Pond is solely an educational service consisting of general health information. The materials provided on Ellis Pond are provided “as-is”, and there are no warranties of any kind, express or implied.
1.) Not A Substitute For Professional Medical Advice Or Treatment. Ellis Pond’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the exercises or treatments (including products and services) mentioned at Ellis Pond should be performed or otherwise used without first consulting your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that way. We are not medical professionals. Nothing on this website should be misunderstood or misconstrued to mean otherwise.
2.) Health Risks. There may be risks associated with participating in activities mentioned on Ellis Pond for people in poor health or with pre-existing mental or physical conditions. If you are in poor health or have a pre-existing mental or physical condition, you will not participate in such activities due to these risks. If you make the decision to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assume all risks associated with such activities.
3.) Accuracy And Completeness. Facts and information are believed to be accurate at the time they were placed in Ellis Pond. Any and all data provided or found on this website is for informational purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
4.) Injuries. You agree that you will hold Ellis Pond and its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of activities discussed on Ellis Pond, excepting only claims for gross negligence or intentional tort.
Testimonials, Case Studies, And Examples
Testimonials, case studies, and examples found at Ellis Pond represent exceptional results, and do not reflect the average buyer’s experience. These testimonials, case studies, and examples do not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we disclose the typical results based on manufacturer or reputable third party sources, you should presume that the results stated by those sources are more reliable than those testimonials and examples found at Ellis Pond.
As always, you should perform your own research and not take results at face value–whether provided by Ellis Pond, or by a manufacturer, vendor, or other trusted third party source. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties.
If we refer to specific income or earnings (be they monetary or otherwise), the figures used and attributed to a specific individual or business have been earned by that individual or business. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well as the companies or individuals cited. As mentioned elsewhere in this document, the described experiences are not experiences achieved by the average individual or business. Your financial results are likely to differ from those described in the testimonials.
If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history.
Severability Of These Terms, Conditions, And Policies
If any part of these terms, conditions, and policies are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
How To Reach Us
If you have any questions or concerns about these terms, conditions, and policies, they should be sent via email to admin[at]ellispond.com, and should give us the information related to your concern or issue.
If you prefer to mail your concerns, please send letters to the following address:
Ellis Pond Marketing
188 Front Street
Franklin, TN 37064
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.
Modifications And Termination
Any of the above terms, conditions, and policies may change at any time. If changes are made, they will be effective immediately, and there will be a notice placed on Ellis Pond’s home page stating that changes have been made. Do not use Ellis Pond if you disagree with the changes.
We may terminate these terms, conditions, and policies for any reason and at any time without notice to you.
If you are concerned about these terms, conditions, and policies, you should read them each time before you use Ellis Pond. Any questions or concerns can be emailed to admin[at]ellispond.com.
These terms, conditions, and policies were last modified on 02/04/2016.
Digital Millennium Copyright Act (“DMCA”) Notice
This notice is informational only, and is not to be considered or construed as legal advice. If you believe your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Ellis Pond Marketing. All rights reserved.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY EMAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.
This excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
The Digital Millennium Copyright Act of 1998 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under the United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).
The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has been wrongfully filed against them, may submit a Counternotice to the website owner and/or the ISP.
Notification Of Claimed Copyright Infringement
Please send DMCA notifications of claimed copyright infringement to:
THE WEBSITE OWNER
Ellis Pond Marketing
188 Front Street
Franklin, TN 37064
THE INTERNET SERVICE PROVIDER (“ISP”)
9958 Crescent Park Drive
West Chester, OH 45069
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To enable us to quickly process your request, please use the following format, including section numbers:
- Identify in detail the copyrighted work that you believe has been infringed upon.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above (including the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright)).
- Provide information reasonably sufficient to permit the website owner to contact you (email address and a phone number, at a minimum).
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
- The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
Counternotification To Claimed Copyright Infringement
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.