This site was originally created in 2017 to anchor my podcast show, build a community, and learn from smart people.
Regardless, beginning December 1, 2009, the FTC requires bloggers (and I may be considered one) to disclose whenever there could be hidden interests or unspoken biases related to recommendations. So here goes…
Second, the less obvious: Per the FTC rules, if I interview someone and they grab the bill for lunch, I would need to disclose this. Ditto if I use an Amazon link that gets me 8 cents instead of an Amazon link that gets me 0 cents. If someone gives me a comfy t-shirt with a logo and I wear it in a photo, same deal. Disclaimers all over the place. This would be tedious for me and even more tedious for readers. But rules is rules. To cover my ass and preserve your reading experience, please assume that, for every link and product I use, the following all hold true:
I do not receive money for paid reviews of products. I will however include affiliate links where I make money if a visitor decides to purchase a product from a link on the website. In addition, you can assume (for the sake of comprehensive FCC disclosures) that I got fed by somebody, got some sweet gadgets or swag, or received some dough, equity, or stock options (even if I didn’t).
Please feel free to use the text on this page with proper attribution. There is no reason why each blogger should have to reinvent the wheel.
(Thanks to Tim Ferriss for sharing his Disclaimer page)
Grittopia, LLC runs this site and would love for you to use it. This site is designed to educate and entertain, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content). That’s the gist of it. Thanks also to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s what we did.
Terms of Service
1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Grittopia LLC or otherwise.
Without limiting any of those representations or warranties, Grittopia, LLC has the right (though not the obligation) to, in Grittopia, LLC’s sole discretion (i) refuse or remove any content that, in Grittopia LLC’s reasonable opinion, violates any Grittopia LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Grittopia LLC’s sole discretion.
2. Responsibility of Website Visitors. Grittopia LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Grittopia LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Grittopia LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which timzak.com or its affiliated websites link, and that link to timzak.com and affiliated websites. Grittopia LLC does not have any control over those non-timzak.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-timzak.com website or webpage, Grittopia LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Grittopia LLC disclaims any responsibility for any harm resulting from your use of non-timzak.com websites and webpages.
4. Copyright Infringement and DMCA Policy. As Grittopia LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by timzak.com violates your copyright, you are encouraged to notify Grittopia LLC in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. Grittopia LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Grittopia LLC or others, Grittopia LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Grittopia LLC will have no obligation to provide a refund of any amounts previously paid to Grittopia LLC.
5. Corrections, Suggestions, and Complaints. We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through the Contact Us form. Readers dissatisfied with a response may reach us via email at grittopia [at] gmail (dot) com.
6. Intellectual Property. This Agreement does not transfer from Grittopia, LLC to you any Grittopia LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Grittopia LLC. Grittopia LLC, timzak.com, the “Grittopia”, “In Search of Lost Mojo”, and “Squaring the Curve” logos, and all other trademarks, service marks, graphics and logos used in connection with timzak.com, or the Website are trademarks or registered trademarks of Grittopia, LLC; Timothy Zak; or approved licensor companies. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Grittopia LLC or third-party trademarks. You hereby grant Grittopia LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Grittopia LLC services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Grittopia LLC or the promotion thereof.
7. Changes. Grittopia LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Grittopia LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Grittopia LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. Grittopia LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Grittopia LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will Grittopia LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Grittopia LLC under this agreement during the twelve (12) month period prior to the cause of action. Grittopia LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification. You agree to indemnify and hold harmless Grittopia LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between Grittopia LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Grittopia LLC, or by the posting by Grittopia LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Allegheny County, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Pittsburgh, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Grittopia LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Information that we collect and how we use it
We can collect your name and email address. For example, you may contact us on the Site by submitting your email address and other contact information. You also may submit comments to the podcast show episodes on the Site. We generally do not encourage the submission of any personal information in these comments or through the contact mechanism other than what we expressly require (e.g., name and email address). Information you disclose in the comments becomes public information and you should exercise caution when deciding to disclose your information in a submission.
Web servers may automatically capture the following information from visitors to the Site, including the name of the domain and host from which you access the internet, the internet address of the Site from which you enter the Site, the pages you visit on the Site and the amount of time you spend on the Site. This visitor information may be used to improve the Site.
Disclosure of information
We will not voluntarily share your name and email provided via the Site to any third party, except:
- With third parties that we hire to perform services for us (these third parties are not authorized to keep or use your personal information for any other purpose),
- To comply with legal requirements, such as law, regulation, warrant, subpoena, court order, or with a regulator or law enforcement agency or personnel or
- In connection with a corporate sale, merger, reorganization, acquisition, dissolution or similar event.
Visitor information described above under “Information that we collect and how we use it” may be provided to third parties as described below under “Cookies“ and “Web Beacons.”
Your choices and access
We want to keep your name and email address accurate. You can correct or update your name or email address that you have provided us. Corrections can be submitted by reaching us via email at grittopia [at] gmail (dot) com.
The Site may allow you to choose to receive or stop receiving communications from us. You can prevent further use of your name or email address by submission via email at grittopia [at] gmail (dot) com.
Links to other Web sites
A cookie is a small text file that the Site can place on your computer’s hard drive. When you visit the Site, a cookie may be placed on your computer for customizing and enhancing your experience on the Site. Your name and email address are not shared in this cookie. We use a cookie that collects anonymous traffic data. You can set your Web browser to block cookies, but doing so may affect your ability to access certain features of the Site.
Web beacons are small bits of code embedded in Web pages or in emails. Web beacons may be used to deliver or communicate with cookies, to count users who have visited a Web page and to understand usage patterns. Web beacons also may be included in emails to learn if messages have been opened, acted on or forwarded. You can disable the ability of Web beacons to capture information in this manner by blocking cookies as described above under “Cookies.”
We take reasonable steps to protect personal information from loss and misuse. Please keep in mind that no Internet transmission is 100% secure. Some email sent to or from the Site may not be secure. Please consider this when sending information to us by email.
The Site is not intended for use by children under the age of 13. We will not knowingly collect personal information from them. If we discover that a child has provided us with personal information, we will use reasonable efforts to delete this information. If you have reason to believe we may have accidentally received personal information from a child under the age of 13, please immediately submit details via email at grittopia [at] gmail (dot) com.