Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Scrivner Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Not medical advice. The information on this website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. This website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use this website for medical diagnosis or treatment.
None of the content on this website represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you. To the extent that Daniel Scrivner and Mighty Publishing provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.
Your reliance on any information on this website is solely at your own risk. Daniel Scrivner and Scrivner Media makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on this website. We reserve the right to withdraw or amend this website, and material we provide on the website, in our sole discretion without notice.
2. 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 Mighty Publishing or otherwise.
Without limiting any of those representations or warranties, Mighty Publishing has the right (though not the obligation) to, in Mighty Publishing’s sole discretion (i) refuse or remove any content that, in Mighty Publishing’s reasonable opinion, violates any Mighty Publishing 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 Mighty Publishing’s sole discretion.
3. Responsibility of Website Visitors. Mighty Publishing 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, Mighty Publishing 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. Mighty Publishing 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.
4. 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 danielscrivner.com links, and that link to danielscrivner.com. Mighty Publishing does not have any control over those non-danielscrivner.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-danielscrivner.com website or webpage, Mighty Publishing 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. Mighty Publishing disclaims any responsibility for any harm resulting from your use of non-danielscrivner.com websites and webpages.
5. Copyright Infringement and DMCA Policy. As Mighty Publishing 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 danielscrivner.com violates your copyright, you are encouraged to notify Mighty Publishing in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. Mighty Publishing 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 Mighty Publishing or others, Mighty Publishing may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Mighty Publishing will have no obligation to provide a refund of any amounts previously paid to Mighty Publishing.
6. 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 this form: https://www.danielscrivner.com/contact. Readers dissatisfied with a response may reach us via email at phaggerty [at] perkinscoie (dot) com.
7. Intellectual Property. This Agreement does not transfer from Mighty Publishing to you any Mighty Publishing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mighty Publishing. Mighty Publishing, danielscrivner.com, and all other trademarks, service marks, graphics and logos used in connection with danielscrivner.com, or the Website are trademarks or registered trademarks of Mighty Publishing LLC; Daniel Scrivner; Mighty Operations LLC; or licensors of the aforementioned 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 Mighty Publishing or third-party trademarks. You hereby grant Mighty Publishing 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 Mighty Publishing 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 Mighty Publishing or the promotion thereof.
8. Changes. Mighty Publishing 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. Mighty Publishing 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.
9. Termination. Mighty Publishing 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.
10. Disclaimer of Warranties. The Website is provided “as is”. Mighty Publishing 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 Mighty Publishing nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will Mighty Publishing, 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 Mighty Publishing under this agreement during the twelve (12) month period prior to the cause of action. Mighty Publishing 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.
13. Indemnification. You agree to indemnify and hold harmless Mighty Publishing, 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.
14. Miscellaneous. This Agreement constitutes the entire agreement between Mighty Publishing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mighty Publishing, or by the posting by Mighty Publishing 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 Colorado, 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 Boulder County, Colorado. 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 Boulder, Colorado, 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; Mighty Publishing 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.
We are not responsible for the privacy practices or the content of those sites.
The sections are as follows:
- The Information We Collect
- How We Collect This Information
- How We Use This Information
- How We Share This Information
- How We Safeguard The Information We Collect
- Our Retention Of Data
- Accuracy And Minimization Of Data
- Accessing And Updating Your Information
- Your Right To Opt-Out, Object To Processing, And Delete Information
- Advisory Regarding Participation By Children And Teens
- Notice Of Privacy Rights To California Residents
- Contact Us
2.3 Right to Withdraw Consent. You have the right to withdraw your consent at any time, in accordance with Section 11 (Your Right To Opt-Out, Object To Processing, And Delete Information).
3. The Information We Collect
Our Platform gives Daniel opportunities to communicate with people interested in his blog, podcasts, design work, investments, and his other activities and interests. The Platform also provides you with opportunities to participate in exchanges on these topics, and to receive additional information on all of the above. To provide these Services, and to otherwise conduct our business via the Platform, we rely on information provided by and collected from our users. This information consists of the following:
3.1 Personally Identifiable Information. We collect certain information that identifies you as an individual (collectively, “Personally Identifiable Information”). The Personally Identifiable Information we collect may include the following:
- Your name;
- Your email address;
- Your billing and/or shipping address; and
- Your payment information
3.2 Non-Personally Identifiable Information. We also collect technical and device-related information that is not Personally Identifiable Information, but instead identifies or may reasonably be used to identify a particular user device (collectively, “Non-Personally Identifiable Information”). Non-Personally Identifiable Information is typically collected automatically by technical means, and for purposes of our Platform consists of the following:
- Device identifiers, such as cookies;
- Device information, such as hardware and software settings;
- IP addresses and log information, such as your device’s name, the type and version of your web browser, and referrer addresses that can function to identify a user device; and
- Tracking information that we collect, or that third parties collect.
3.3 Anonymous Information. Our Platform also collects, processes, and/or uses information that does not identify you or your devices, including Personally Identifiable Information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individual subjects of the information cannot be re-identified, or (ii) anonymizing the information with techniques that remove or perturb the identifying data so as to prevent re-identification of the anonymized information (collectively, “Anonymous Information”). Information that meets these criteria might include, for example, demographic information, statistical information (e.g. page views and hit counts), and general tracking information.
If we combine Non-Personally Identifiable Information or Anonymous Information with Personally Identifiable Information, we treat the resulting combination as Personally Identifiable Information.
4. How We Collect This Information
We collect the above information through the following means and technologies:
4.1 Registration. In order to provide you with the Services, we need to collect Personally Identifiable Information consisting of your email address. Accordingly, when you register to receive the Services, you provide this Personally Identifiable Information.
4.2 Payments. When you order certain Services through our Website, we will require you to submit your payments using the payment method we have implemented on our Website. The payment information we will collect during this process will include your credit or debit card number or your bank account number, the expiration date of your credit or debit card, purchase amount, date of purchase, and payment method. We may also collect certain Personally Identifiable Information from you, such as your name, billing address, and, if applicable, shipping address. Please note that different payment methods may require us to collect different categories of information. Depending on the payment method we have chosen to implement on our Website, we may collect your transaction information (i) directly from you for transfer to our payment processor, or (ii) through the third party payment processor(s) that we have authorized to collect such information from you on our behalf. For more information on our privacy practices with respect to our service providers, please refer to Section 6.1 (Our Service Providers).
4.3 User-Generated Content. We give you the ability through the Platform to engage with Tim and others in public exchanges, and these include opportunities for you to provide comments, reviews, recommendations, and other input via the Platform (collectively, “User-Generated Content” or “UGC”). Please understand that, if you include Personally Identifiable Information in User-Generated Content, others will be able to read, collect, re-publish, and otherwise freely use the information. We are not responsible for Personally Identifiable Information you decide to include in UGC, and we will not take down, remove, or edit User-Generated Content, except as required by Applicable Law. If you include in your User-Generated Content any Personally Identifiable Information relating to others, you represent that you have full permission and authority to do so.
4.4 Contests, Special Offers, and Surveys. On occasion, we will provide you with the opportunity to participate in a contests, receive a special offer, or provide us with feedback via a survey. To make these Services available to you, we will use the email address and name you provided us when you registered (as set out in Section 2.2 (Consent by Participating Users)).
4.5 Beacons and Tags. The Platform may use certain data collection technologies that rely on (i) beacons; (ii) pixel tags and object hyperlinking tags, and (iii) other means to link an object to an Internet address, a remote software application, a remote database, or other remote means of receiving or processing information. We may use these technologies to tell us what parts of our Platform have been visited or to measure the effectiveness of searches that users perform on our Platform. These technologies also enable us to send email messages in a format users can efficiently read, to learn whether these email messages have been opened, and to help ensure, for example, that our messages are of interest to our users. These technologies provide us with Anonymous Information, Non-Personally Identifiable Information and, in certain instances, Personally Identifiable Information.
4.6 Device Identifiers; Logs; IP Addresses. To determine whether your device is supported by our Platform, we may collect certain information about your device and network, including your IP address, your operating system and browser, your device model, information about the your use of the Platform, as well as the presence of any software that our Platform may require to operate with your device, or other third party software or mobile apps on your device. We automatically receive and record this information in log files, and this is generally Non-Personally Identifiable Information.
4.8 Click-Throughs. We may send email messages or display links that use a “click-through URL” linked to our Platform or to another resource. When you click one of these URLs, you pass through our web server before arriving at the destination website page or other resource. Click-throughs may use and collect Anonymous Information and Non-Personally Identifiable Information. We may track this click-through data to help determine interest in particular topics and measure the effectiveness of our user communications.
4.9 Advertising Technology. The Services may include use of banner ads and other vehicles for presenting advertising content, and for serving and/or targeting ads, promotions, and other marketing messages, including through use of user profiles, online behavioral advertising methods, and related technologies. These ads may be provided, in some cases, by a third party service, as discussed in Section 6 (How We Share This Information). An advertiser, as described in Section 6.2 (Third Party Advertising), may place or utilize its own cookie or other identifier on your device, and may use Anonymous Information about your visit to our Platform, such as the number of times you have viewed the ad, as well as applicable Non-Personally Identifiable Information.
5. How We Use This Information
We use the information we collect or process, including Anonymous Information, Non-Personally Identifiable Information, and Personally Identifiable Information, as permitted under Applicable Law, including where the use is based on (a) the consent you provide to us at the point of collection as set out in Section 2.2 (Consent by Participating Users); (b) performance of our agreement to provide you with the Services; (c) compliance with our legal obligations; and/or (d) our Legitimate Interests, as well as a third party’s Legitimate Interests. More specifically, we use the information we collect for some or all of the following:
6. How We Share This Information
6.1 Our Service Providers. We engage third parties to perform functions on our behalf, and these may include maintaining the Platform, collecting information, responding to and sending email or other messages, and other functions useful to our business. In this capacity, we may provide service providers with Personally Identifiable Information, Non-Personally Identifiable Information, and Anonymous Information as applicable. The following are examples:
- We use service providers (a) to fulfill your orders (where applicable), (b) to provide customer service (where applicable), (c) to process and distribute email, including Daniel's email newsletter, (d) to process and display users’ blog posts; and (e) to manage promotions, special offers, and similar activities. These service providers generally require access to your Personally Identifiable Information in order to perform these services.
- We use analytics service providers to assist us in understanding and using Non-Personally Identifiable Information. A service we use in this regard is Google Analytics, and information concerning how Google uses the information is available at https://policies.google.com/privacy/partners, and opt-out options specific to Google Analytics are available at https://tools.google.com/dlpage/gaoptout.
- We may use service providers to anonymize and aggregate Personally Identifiable Information in order to generate Anonymous Information.
- We may engage service providers to analyze the interests and attributes of our users and, using techniques based on Anonymous Information and Non-Personally Identifiable Information, identify others who might share those interests and attributes. We then use this information to reach out to relevant market segments to provide them information concerning the Platform.
We require our service providers to contractually commit to protect the privacy and security of the Personally Identifiable Information they process on our behalf.
6.2 Third Party Advertising. We may share Non-Personally Identifiable Information and Anonymous Information with third parties for their marketing purposes and activities. These marketing activities may take place on our Platform or via online services, mobile apps, traditional channels, and other methods independent of our Platform. These activities may involve a third party placing its cookies, beacons, and/or tags on our Platform, in the manner specified in Section 4.5 (Beacons and Tags) and 4.7 (Cookies). We do not sell or transfer your Personally Identifiable Information to, and do not share, swap, or exchange your Personally Identifiable Information with, any third party for such third party’s advertising or marketing purposes.
6.3 Questions of Harm; Legal Process. We may disclose your Personally Identifiable Information and Non-Personally Identifiable Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary:
- To comply with legal process;
- To protect and defend our rights and property, including the Platform and associated content;
- To protect against misuse or unauthorized use of our Services;
- To protect the personal safety or property of Platform users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections);
- To cooperate with public and government authorities including, where required, authorities outside your jurisdiction
While you are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you within a reasonable amount of time, unless such notification is not permitted.
7. How We Safeguard the Information We Collect
We recognize the sensitivity of our users’ Personally Identifiable information and we have put in place security systems designed to prevent unauthorized access to or disclosure of this information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personally Identifiable Information in accordance with Applicable Law.
8. Our Retention Of Data
We retain Personally Identifiable Information for the period of time necessary to fulfill the purposes for which we obtained the Personally Identifiable Information and consistent with Applicable Law. We use the following criteria to set our retention periods: (a) the duration of our relationship with you; (b) the existence of a legal obligation as to the retention period; and (c) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).
9. Accuracy And Minimization of Data
We take reasonable steps (a) to maintain the accuracy of the Personally Identifiable Information we process; and (b) to limit the Personally Identifiable Information that we process to that which is reasonably necessary for the purposes for which we obtained the information. In this regard, the Personally Identifiable Information reasonably required in order to provide our Services is your name and email address, and we limit our collection of Personally Identifiable Information accordingly.
10. Accessing And Updating Your Information
If you would like to review, correct, or update the Personally Identifiable Information that you have provided to us, or if you would like to request an electronic copy of this Personally Identifiable Information for purposes of transmitting it to another company (to the extent Applicable Law provides you with this right to data portability) you may make such requests by emailing us at email@example.com.
11. Your Right To Opt-Out, Object To Processing, And Delete Information
11.1 Unsubscribing to Email. If you no longer wish to receive email messages from us, you can opt out of this Service by either (1) following the “unsubscribe” instructions located near the bottom of each email message, or (2) emailing us at firstname.lastname@example.org.
11.3 Objections. If you object to our processing of your Personally Identifiable Information, and a request for us to delete this information is not, in your view, sufficient, please contact us as provided in Section 17 (Contact Us).
11.5 Your “Right To Be Forgotten”. If you are protected by the GDPR with respect to our use of your information, upon proper request, we will take the steps set out in the GDPR to erase your Personally Identifiable Information that has made publicly available via our Platform such as, for example, Personally Identifiable Information made publicly available through User-Generated Content.
12. Advisory Regarding Participation By Children And Teens
Under U.S. Federal Law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT COLLECT OR STORE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM INDIVIDUALS THAT WE KNOW ARE UNDER THE AGE OF 13. If you wish further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following website: http://www.ftc.gov/privacy/index.html.
14. Notice Of Privacy Rights To California Residents
California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personally Identifiable Information to third parties for direct marketing purposes. The California “Shine the Light” law further requires us to allow California residents to opt out of certain disclosures of Personally Identifiable Information to third parties for their direct marketing purposes. As noted in Section 6.2 (Third Party Advertising), we do not disclose the Personally Identifiable Information we collect to third parties for advertising purposes.
We want your feedback. If you have a suggestions on how we can improve our Services or complaints you would like us to address, please contact us at the address set out in Section 17 (Contact Us). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state’s consumer protection authority.
If you are protected by the GDPR with respect to our use of your information, you may lodge a complaint with a data protection authority for your country or region. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
17. Contact Us
Mighty Operations LLC
Attn: Compliance Officer
2093 Philadelphia Pike #3162
Claymont, DE 19703
18.1 “Anonymous Information” has the meaning set out in Section 3.3 (Anonymous Information). If you are protected by the GDPR with respect to our use of your information, the term “Anonymous Information” has the same meaning as information generated by a “pseudonymisation” processes, as that term is defined under the GDPR.
18.2 “Applicable Law” means statutes, regulations, and any other laws that apply to the Website, the Services, or the Platform. For example, if you are protected by the GDPR with respect to our use of your information, the term “Applicable Law” includes the GDPR.
18.3 “GDPR” means the European Union General Data Protection Regulation.
18.4 “Legitimate Interest” means, for purposes of the GDPR, that there is a good reason for the processing your Personally Identifiable Information, and that the processing is carried out in a way that minimizes impacts (if any) on your privacy rights and interests. The term “Legitimate interest” also refers to our use of information in ways that you would reasonably expect, based on your relationship to us. For example, there is a Legitimate Interest in collecting and processing your Personally Identifiable Information: (a) to safeguard our Platform, networks, content, and related information and resources; (b) to administer and generally conduct our business; and (c) to prevent fraud.
18.5 “Non-Personally Identifiable Information” has meaning set out in Section 3.2 (Non-Personally Identifiable Information).
18.6 “Personally Identifiable Information” has meaning as set out in Section 3.1 (Personally Identifiable Information). If you are protected by the GDPR with respect to our use of your information, the term “Personally Identifiable Information” has the same meaning as the term “personal information” under the GDPR.
18.7 “Platform” has the meaning set out in the introductory paragraph.
18.8 “Services” has the meaning set out in the introductory paragraph.
18.9 “User-Generated Content” or “UGC” has the meaning set out in Section 4.2 (User-Generated Content).
1. What is a Cookie?
Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online product. Cookies are widely used to facilitate and help to make the interaction between users and websites faster and easier — as well as to provide reporting information.
We use two types of cookies on our Platform: Cookies set by Mighty Publishing LLC are called first party cookies and cookies set by parties other than Mighty Publishing LLC are called third-party cookies. You can find out more about each cookie by viewing our current cookie list below. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used on our Platform and help deliver cookies, count visits, understand usage and campaign effectiveness.
We may also receive reports based on the use of these technologies by our service/analytics providers such as Google Analytics.
If you want to learn more about cookies, or how to control, disable or delete them, please visit https://www.allaboutcookies.org for detailed guidance.
3. Categories of Cookies We May Use
We may use the following categories of cookies on our Platform:
4. How to Disable Cookies
You can change your browser settings to control what cookies the browser stores. If you elect not to activate a cookie or to later disable cookies, you may still visit our Website, but your ability to use some features or areas may be limited.
You may opt out of advertising partners targeted advertising using the following links:
In addition, certain third party advertising networks, including Google, permit users to opt out of or customize preferences associated with your internet browsing. Learn more about this feature from Google.
5. Updating This Policy
We encourage you to periodically review this page for the latest information on the policy. Your continued use of the Platform constitutes your agreement to be bound by such changes to this policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of and access to the Platform.
6. Contact Us
Mighty Publishing LLC
Attn: Compliance Officer
2093 Philadelphia Pike #3162
Claymont, DE 19703
Beginning December 1, 2009 the FTC requires bloggers to disclose whenever there could be hidden interests or unspoken biases related to recommendations. Rather than attempting to disclaim every possible hidden interest and unspoken bias, we’re taking a simpler blanket approach. To ensure we’re protected and preserve your reading experience, please assume that for every link, photo, company, and product we share that the following all hold true:
Daniel Scrivner, Mighty Publishing LLC, Primal Asset Management LLC, Blackletter Capital LLC, and other entities in which he has an interest, employees, officers, family, and associates may from time to time have positions in the securities or commodities covered in these publications or web site. Corporate policies are in effect that attempt to avoid potential conflicts of interest and resolve conflicts of interest that do arise in a timely fashion. US regulations prohibit Daniel from giving specific investment advice by email.
All material presented herein is believed to be reliable but we cannot attest to its accuracy. Opinions expressed in these reports may change without prior notice. Daniel Scrivner and/or the staffs may or may not have investments in any securities, funds, and commodities cited on this website as well as economic interest in them.
This information is not to be construed as an offer to sell or the solicitation of an offer to buy any securities.
This website has links to other agencies and organizations. When you go to another site through the links, you are no longer on our site and are subject to the terms and conditions of the new sites.
Please review the privacy policies on those Websites to understand their personal information handling practices. We make no representations concerning the privacy policies of these third party Websites.
Unauthorized attempts to upload information and/or change information on any portion of this site are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986 and the National Information and Infrastructure Protection Act of 1996 (see Title 18 U.S.C. ¬ß¬ß 1001 and 1030).
This website (the “Site”), and all of its current and future services (such as podcasts and newsletters), are created and authored by Daniel Scrivner (the “Author”), and is published and provided by Mighty Publishing LLC for informational and entertainment purposes only (collectively, the “Site Service”). The information in the Site constitutes the Author’s own opinions. None of the information contained in the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You understand that the Author is not advising, and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. From time to time, the Author may hold positions or other interests in securities mentioned in the Site and may trade for his own account based on the information presented. The Author may also take positions inconsistent with the views expressed in its messages on the Site. The Author may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed by the Author in the Site. Investing in the investments discussed in the Site may be risky and speculative. The companies may have limited operating histories, little available public information, and the stocks they issue may be volatile and illiquid. Trading in such securities can result in immediate and substantial losses of the capital invested. You should use invest risk capital, and not capital required for other purposes, such as retirement savings, student loans, mortgages or education. The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Author assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site. The Author is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software occurring for any reason, including but not limited to, on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Site or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Authors’ content in connection with the Web and/or in connection with the Site. Under no circumstances will the Author be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of the Site, or any interactions between the Author and readers of the Site, whether online or offline. The Site may provide information from or links to certain investment adviser and/or brokerage companies for your convenience only. The Author does not endorse or recommend the services of any investment adviser and/or brokerage company. The investment adviser and/or brokerage company you select (and not the Author) is solely responsible for its services to you.
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