User Agreement
Last revised on January 14, 2012
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

1.     INTRODUCTION.

A.   Purpose.
The mission of Tim’s Strategy is to help users create a structured and strategic job search strategy. To achieve our Mission, we make services available through our website to help you build that strategy in the least complex environment possible.

B.    Scope and Intent.
You agree that by registering on Tim’s Strategy, or by using the our website or other information provided as part of the Tim’s Strategy services (collectively “Tim’s Strategy” or the “Services”), you are entering into a legally binding agreement with Quixoting LLC, 11 Covington, Mission Viejo, California 92692, USA if you reside in the United States (“we,” “us,” “our,” and “Tim’s Strategy”) based on the terms of this Tim’s Strategy User Agreement and the Tim’s Strategy Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Tim’s Strategy user (“User”).

If you are using Tim’s Strategy on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your organization has a separate agreement with us. If you do not want to register an account and become a Tim’s Strategy User, do not conclude the Agreement, do NOT click “Create My Account” and do not access, view, download or otherwise use any Tim’s Strategy webpage, information or services. By clicking “Create My Account,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Create My Account” you also consent to use electronic signatures and acknowledge your click of the “Create My Account” button as one. Please note that the Tim’s Strategy User Agreement and Privacy Policy are also collectively referred to as Tim’s Strategy’s “Terms of Service.”

2.    YOUR OBLIGATIONS.
 
A.   Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice.

License and warranty for your submissions to Tim’s Strategy.
You own the information you provide Tim’s Strategy under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Tim’s Strategy a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Tim’s Strategy, including, but not limited to, any user-generated content, ideas, concepts, techniques or data to the services, you submit to Tim’s Strategy, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. It is your responsibility to keep your Tim’s Strategy profile information accurate and updated.

B.    Service Eligibility.
 
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Tim’s Strategy account, (3) are not a competitor of Tim’s Strategy or are not using the Services for reasons that are in competition with Tim’s Strategy; (4) will only maintain one Tim’s Strategy account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Tim’s Strategy, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

C.   Sign-In Credentials.
 
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Tim’s Strategy account to another party; and (5) refrain from charging anyone for access to any portion of Tim’s Strategy, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact us.

D.   Indemnification.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third-party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Tim’s Strategy.

E.    Payment.

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Tim’s Strategy storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services by sending a contact form. Tim’s Strategy’s refund policy is explained here. You also acknowledge that Tim’s Strategy’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

F.    Notify us of acts contrary to the Agreement.
 
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

G.   Notifications and Service Messages.

For purposes of service messages and notices about the Services to you, Tim’s Strategy may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Tim’s Strategy to an email address associated with your account, even if we have other contact information. You also agree that Tim’s Strategy may communicate with you through your Tim’s Strategy account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Tim’s Strategy account or services associated with Tim’s Strategy. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

H.   Tim’s Strategy Applications.

Tim’s Strategy may offer the Services through applications built using Tim’s Strategy’s platform (“Tim’s Strategy Applications”). Examples of Tim’s Strategy Applications include its job search strategy tool (Tim’s Strategy Tool) and Tim’s Strategy’s “Share” buttons and other interactive plugins distributed on websites across the web. Tim’s Strategy Applications are distinct from third-party Platform Applications addressed in Section 4.B. If you use a Tim’s Strategy Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Tim’s Strategy plugins that load in your browser may be communicated to us.

Further, by importing any of your Tim’s Strategy data through the Tim’s Strategy Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Tim’s Strategy account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Tim’s Strategy through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.

Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

I.      User-to-User Communication and Sharing.
 
Tim’s Strategy offers various forums such as Tim’s Strategy Blog and Feedback where you can post your observations and comments on designated topics.

Tim’s Strategy members can comment on Tim’s Strategy Blog and Feedback for free, however, Tim’s Strategy may remove content from them if the content violates this Agreement or others’ intellectual property rights.

Please note that ideas you post and information you share may be seen and used by other Users, and Tim’s Strategy cannot guarantee that other Users will not use the ideas and information that you share on Tim’s Strategy. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it to any Tim’s Strategy Blog, or elsewhere on Tim’s Strategy. TIM’S STRATEGY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY TIM’S STRATEGY COMMUNITY FORUMS SUCH AS THE TIM’S STRATEGY BLOG OR FEEDBACK.

J.     Privacy.

You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Tim’s Strategy, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

K.   Export Control.

Your use of Tim’s Strategy services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

L.    Contributions to Tim’s Strategy

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Tim’s Strategy through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Tim’s Strategy is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Tim’s Strategy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Tim’s Strategy may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Tim’s Strategy all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Tim’s Strategy under any circumstances.

3.    YOUR RIGHTS.

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Tim’s Strategy or its Users), view information and use the Services that we provide on Tim’s Strategy webpages and in accordance with this Agreement. Any other use of Tim’s Strategy contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Tim’s Strategy commercially unless expressly authorized by Tim’s Strategy) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Tim’s Strategy and all related items, including any and all copies made of the Tim’s Strategy website.

4.    OUR RIGHTS AND OBLIGATIONS.
 
A.   Services Availability.

For as long as Tim’s Strategy continues to offer the Services, Tim’s Strategy shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Tim’s Strategy as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Tim’s Strategy, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Tim’s Strategy further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Tim’s Strategy to be contrary to this Agreement. For avoidance of doubt, Tim’s Strategy has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

B.    Third Party Sites and Developers.

Tim’s Strategy may include links to third-party web sites (“Third Party Sites”) on www.timsstrategy.com and elsewhere.

You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.

Tim’s Strategy is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Tim’s Strategy also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Tim’s Strategy account, that application or website can access information on Tim’s Strategy related to you and your connections.

C.   Disclosure of User Information.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third-party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Tim’s Strategy, our Users or the public.

Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the privacy policy.

D.   Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users. Tim’s Strategy reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Tim’s Strategy determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

5.    DISCLAIMER.
 
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON TIM’S STRATEGY, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR TIM’S STRATEGY AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIM’S STRATEGY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY TIM’S STRATEGY OR ANYTHING RELATED TO TIM’S STRATEGY, YOU MAY CLOSE YOUR TIM’S STRATEGY ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

TIM’S STRATEGY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH TIM’S STRATEGY TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

TIM’S STRATEGY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, TIM’S STRATEGY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
TIM’S STRATEGY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. TIM’S STRATEGY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TIM’S STRATEGY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE TIM’S STRATEGY SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

6.    LIMITATION OF LIABILITY.
 
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither Tim’s Strategy nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Tim’s Strategy Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Tim’s Strategy. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that Tim’s Strategy may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

7.    TERMINATION.
 
A.   Mutual rights of termination.

You may terminate this Agreement, for any or no reason, at any time, with notice to Tim’s Strategy pursuant to Section 9.C. This notice will be effective upon Tim’s Strategy processing your notice. Tim’s Strategy may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Tim’s Strategy or the party paying for the services may terminate your access to any Premium Services. Termination of your Tim’s Strategy account includes disabling your access to Tim’s Strategy and may also bar you from any future use of Tim’s Strategy.

B.    Misuse of the Services.

Tim’s Strategy may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Tim’s Strategy Tool; using the Services commercially without Tim’s Strategy’s authorization, infringing any intellectual property rights, or any other behavior that Tim’s Strategy, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Tim’s Strategy has adopted a policy of terminating accounts of Users who, in Tim’s Strategy’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

C.   Effect of Termination.

Upon the termination of your Tim’s Strategy account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.

8.    DISPUTE RESOLUTION
 
A.   Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Tim’s Strategy, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Tim’s Strategy agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Orange County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Tim’s Strategy agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Tim’s Strategy shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

B.    Arbitration Option.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9.    GENERAL TERMS.
 
A.   Severability.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B.    Language.

Where Tim’s Strategy has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Tim’s Strategy.

C.   Notices and Service of Process.

In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.timsstrategy.com. You may contact us here.

Or via mail or courier at:

Quixoting LLC
c/o LAW FIRM OF MICHAEL A. PETERS, APC
31371 Rancho Viejo Rd. Suite 202
San Juan Capistrano, CA 92675-1849

Additionally, Tim’s Strategy accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

D.   Entire Agreement.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tim’s Strategy services, third-party content or third-party software.

E.    Amendments to this Agreement.

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.timsstrategy.com or notifying you otherwise. For example, Tim’s Strategy presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
F.    No informal waivers, agreements or representations.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Tim’s Strategy Affiliate shall be deemed legally binding on any Tim’s Strategy Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Tim’s Strategy.

G.   No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

H.   Beneficiaries.

Entities other than Quixoting LLC may at some time own a 50% or greater interest in (“Affiliate”) are not parties, but intended third-party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

I.      Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Quixoting LLC for any third-party that assumes our rights and obligations under this Agreement.

J.     Potential Other Rights and Obligations.

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

10. COMPLAINTS REGARDING CONTENT POSTED ON THE TIM’S STRATEGY WEBSITE.

We built Tim’s Strategy to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Tim’s Strategy provides a process for submission of complaints concerning content posted by our Users.

Quixoting LLC, Mission Viejo, California, USA, January 14, 2012.