Policies and Disclaimers Contained On This Page

  • Privacy Policy
  • Anti-Spam Policy
  • Social Media Policy
  • Copyright Notice
  • DCMA Compliance

The following describes the Privacy Policy for tracymross.com website.

Your Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. You agree to agree to these policies by virtue of using our website in a way that leads to you providing us with personal information.

State Law & Accompanying Rights

Please understand that you may have additional rights originating from State laws based on where you live. These State-based rights may augment, strengthen, or otherwise somehow compliment any privacy rights you have inherently or under Federal law. Our policy is to comply fully with the privacy policies of every jurisdiction in which we operate. Accordingly, you are free to use our Contact information to reach us at any time to assert any State rights.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, our website will never collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured to attract anyone under 18.

Under our Terms of Service and Conditions of Use, children under 18 are not allowed to use our website and access our services. It is not our intention to offer products or services to minors.

Google Analytics

tracymross.com uses Google Analytics to help analyse how users use the site. The tool uses “cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behaviour information in an anonymous form. The information generated by the cookie about your use of the website (including your IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of this website and to compile statistical reports on website activity.

We will never (and will not allow any third party to) use the statistical analytics tool to track or to collect any Personally Identifiable Information of visitors to our site. Google will not associate your IP address with any other data held by Google. Neither we nor Google will link, or seek to link, an IP address with the identity of a computer user.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Other Collection of Personal Information

When visiting our website, the IP address used to access our website may be logged along with the dates and times of access. This information is purely used to analyze trends, administer our website, track users movement, and gather broad demographic information for internal use such as statistical assessments and website improvement. Most importantly, any recorded IP addresses are not linked to personally identifiable information.

Other information may be collected as well, which is rather typical of most websites. For instance, the source that referred you to our website is generally known. Likewise, your duration on our website, and your destination when you leave our website can also be tracked. Other common data collected includes the type of operating system the computer you are using to access our website has. Similarly, the type of web browser is often noted. Again, this is common data collection, and helps ultimately produce a better end-user experience.

Cookies are another common internet practice. Cookies are a key means of improving user experience by allows us to customize your use of our website. Simple information is transferred to your computer to allow the content and experience to reflect your actions, preferences, and so on. You should simply make the assumption our website uses cookies, and note that you are free to make adjustments in your web browser to disable these or otherwise receive notification of cookies so you can take whatever desired action you so choose. Please understand that refusing cookies may cripple some of our website features and render some aspects useless to you.

At times, you will be fully aware of information received, as you are the direct source providing it. For instance, you may comment on a blog post, reply to an email (whether broadcast message or autoresponder), provide an email address, complete a survey, requests SMS, or otherwise. Likewise, purchases necessarily involve collecting certain information, such as credit card information, Paypal addresses, your physical address for billing and/or shipping, phone number, and so on. Refusing to provide some of this information may lead to us being unable to provide you with the products or services you’ve requested.

A prime example of limited access to our website is where content may be protected by a username and password. Whether a username and password is generated by our website, or created by you, these will almost always be connected with some other information related to or connected with you. This is true since much content that is protected on the internet is subscription based, often paid for. Thus, the username and password must necessarily be tied to your other account data. Usernames and passwords, by their very nature, should be kept private.

Handling of Personal Information

Note that any personal information you provide to others apart from us or our vendors is wholly optional. As an example, you might disclose something in a blog post comment. That “private” information is now “public,” and we have no control over that. In like fashion, you sharing information with any other third party not functioning as a service provider to us puts that information beyond our control and becomes subject to the policy that party has in place.

Our primary intention for collecting personal and private information from you is simply to conduct our business. We can use this internally to better serve you. Accordingly, we see no reason to share your personal information to other parties and outside interests unless you have authorized us to do so.

Of course, there are instances where your information is stored with third party service providers, such as email service providers, as they provide services that are industry-leading in quality and security and are far more beneficial to our end user than attempting such services “in-house.” However, you are never required to deal with any such third party directly, they are limited in how they use your information, and they cannot sell or transfer it to others in any way.

However, of course, your information does comprise part of an overall whole. This aggregate of information, by contrast, may be used to understand our overall user base. Further, we may share this information about our website visitors as a whole, not individually, with third parties for various purposes, in our sole discretion.

While we are staunch privacy advocates, there are times when even we may be forced to abandon these ideals. Just as major search engines face ongoing compulsion to provide data against their will, so too may the same occur with our website. Illegal activity or other serious acts or allegations could create legal liability for our website. In those cases, we reserve the right to share your information, or else may simply be compelled to do so by law.

On the other hand, there may be times when we would need to share your private information in order to protect our own interests. For instance, in cases of suspected or alleged copyright infringement or other intellectual property violations, it may be necessary to share personal information.

Google Adsense and the DoubleClick DART Cookie

Google, as a third party advertisement vendor, may use cookies to serve ads on this website. The use of DART cookies by Google enables them to serve adverts to visitors that are based on their visits to this website, including past visits, as well as other websites on the internet.

To opt out of the DART cookies you may visit the Google ad and content network privacy policy at the following url http://www.google.com/privacy_ads.html Tracking of users through the DART cookie mechanisms are subject to Google’s own privacy policies.

Other Third Party ad servers or ad networks may also use cookies to track users activities on this website to measure advertisement effectiveness and other reasons that will be provided in their own privacy policies, our website has no access or control over these cookies that may be used by third party advertisers. However, you can opt out of some, though likely not all, of these cookies in one easy location at http://ww.networkadvertising.org/managing/opt_out.asp

Links to Third Party Websites

We have included links on this website for your use and reference. We are not responsible for the privacy policies on these websites. You should be aware that the privacy policies of these websites may differ from our own.

Comments Policy

As you know, Web 2.0 is all about the conversation. But without a few simple ground rules, that conversation can turn into a shouting match that discourages others from entering into the fray.

So here is tracymross.com comments policy. By posting on my blog, you agree to the following:

You may comment without registering. You can log-in via Disqus, OpenID, Twitter, Facebook—or not at all. It’s up to you. You may post anonymously. I don’t recommend this, but you may do so if you wish. I may change this rule if it is abused.

You may post follow-up questions. If you have a question, chances are you are not alone. Others are likely thinking similarly. Therefore, I would rather receive your comments on tracymross.com than via email. It is a better use of my time to address everyone at once rather than answer several similar emails.

You may disagree with me. I welcome debate. However, I ask that if you disagree with me—or anyone else, for that matter—do so in a way that is respectful. In my opinion, there is way too much shouting in the public square to tolerate it here.

tracymross.com reserves the right to delete your comments. This is my blog. I don’t have an obligation to publish your comments. The First Amendment gives you the right to express your opinions on your blog not mine.

Specifically, I will delete your comments if you post something that is, in my sole opinion, (a)snarky; (b) off-topic; (c) libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate my sense of decorum and civility or any law, including intellectual property laws; or (d) “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services. You may, however, post a link to your site or your most recent blog post.

You retain ownership of your comments. I do not own them and I expressly disclaim any and all liability that may result from them. By commenting on my site, you agree that you retain all ownership rights in what you post here and that you will relieve me from any and all liability that may result from those postings.

You grant tracymross.com a license to post your comments. This license is worldwide, irrevocable, non-exclusive, and royalty-free. You grant me the right to store, use, transmit, display, publish, reproduce, and distribute your comments in any format, including but not limited to a blog, in a book, a video, or presentation.

In short, my goal is to host interesting conversations with caring, honest, and respectful people. I believe this simple comments policy will facilitate this.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by tracymross.com, in order to protect you and our tracymross.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at tracymross.com have paid to license the use of these legal notices and administrative pages on tracymross.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: http://tracymross.com/

The following describes the Anti-Spam Policy for our tracymross.com website.

What Is Spam?

Spam is unsolicited email, also known as junk mail (received via email), or UCE (Unsolicited Commercial Email). Virtually all of us have opened the inbox of an email account and found emails from an unknown sender. By sending email only to those who have requested to receive it, we at tracymross.com are following accepted permission-based email guidelines.

What About The Laws Against Spam?

They exist. However, as with any body of laws, any individual State spam statutes can and will vary. The spam laws of each State can not only vary, but also have different definitions of unsolicited commercial email. Additionally, there may be various federal agencies keeping track of spam, including the Federal Trade Commission (FTC). At the Federal level, the CAN-SPAM Act of 2003 promulgates some attempt at a coherent and unified approach to unsolicited commercial email. Ultimately, it would be difficult to enforce spam law violations on any consistent or pervasive basis, so your own vigilance is your own best first line of defense. Beyond that, we protect you by ensuring that you are 100% in control of whether or not you ever hear from tracymross.com by email initially or in the future, as detailed in our “No Tolerance” policy below.

Our No Tolerance Anti-Spam Policy

WE HAVE A NO TOLERANCE SPAM POLICY. We do not email unless someone has filled out an “opt in” form or “webform” expressing an interest in our information or products and/or services, or otherwise directly and proactively requesting it. News of the features and benefits of Membership is spread through advertising, joint venture marketing, and word of mouth, so we are only building relationship with folks who wish to learn more about what we have to offer and willingly subscribe to our content and contact through email. You are always completely in control of whether you receive email communication from tracymross.com, and can terminate at any time.

NOTE – Every auto-generated email contains a mandatory unsubscribe link that cannot be removed. Therefore, each communication generated by tracymross.com carries with it the option to “unsubscribe” and never receive another email communication from tracymross.com.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by tracymross.com, in order to protect you and our tracymross.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at tracymross.com have paid to license the use of these legal notices and administrative pages on tracymross.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: http://tracymross.com/

The following describes the Social Media Disclosure for our tracymross.com website.

Social Media Issue

We live in an interesting time when privacy rights are championed alongside an unprecedented voluntary willingness of people to share their most intimate and superfluous life details with the world, even in places such as our tracymross.com website. While apparently benign on the surface, the dangers of unrestrained public disclosure of sensitive information is beginning to surface.

Key social media players are being sued for unauthorized or abusive use/misuse of personal information. Failure to protect and warn are likely going to be focal factors. Lawsuits are filed seeking damages for statements held to be responsible for people’s death or suicide. Bloggers presuming to operate under an unfettered freedom of speech or greater latitude offered to members of the press are losing civil cases for defamation, slander, libel, and so on.

As social media rapidly advances to allow more technologically sophisticated and easy dissemination, the simultaneous fallout of revelation without boundaries is mounting. Thus, a sober approach to the benefits of social media, while sidestepping the perils of imprudent disclosure, can facilitate an enjoyable online experience, without the consequences of excess, in settings such as our own tracymross.com website.

Presence/Scope of Social Media

You should assume that social media is in use on our tracymross.com website. A simple click of a button to endorse a person, product, or service is building a cumulative profile about you, which you should always assume can be discovered by others. Attempting to share a website with someone, whether by direct press of a button or else by email forwarding facilitated on a website, you should assume that this may not stop with the intended recipient, and that this can generate information about you that could be seen by a veritable infinite number of people. Such a domino effect could initiate right here on our tracymross.com website.

Something as simple as a blog comment provides the opportunity for knee-jerk reactions that can become public and may not truly represent a position (at least in strength or severity) that you might hold after a period of more reasoned contemplation. You should also note that the ease of accessing one site through the login credentials of another, or the use of a global login for access to multiple sites can accumulate a dossier on you and your online behavior that may reveal more information to unintended parties than you might realize or want. Any or all of these features could exist on our tracymross.com website at one time or another.

These few examples illustrate some possible ways that social media can exist, though it is not an exhaustive list and new technologies will render this list outdated quickly. The objective is to realize the reach of social media, its widespread presence on websites in various forms (including this website), and develop a responsible approach to using it.

Protecting Others

You should recognize the fact that divulgences made in and on social media platforms on this website and others are rarely constrained just to you. Disclosures are commonly made about group matters that necessarily affect and impact other people. Other disclosures are expressly about third parties, sometimes with little discretion. What can appear funny in one moment can be tragic in the next. And a subtle “public” retaliation can have lifetime repercussions.

Ideal use of social media on our website would confine your disclosures primarily to matters pertaining to you, not others. If in doubt, it’s best to err on the side of non-disclosure. It’s doubtful the disclosure is so meaningful that it cannot be offset by the precaution of acting to protect the best interests of someone who is involuntarily being exposed by your decision to disclose something on our tracymross.com website (or another).

Protecting Yourself

You should likewise pause to consider the long-term effects of a split-second decision to publicly share private information about yourself on our tracymross.com website. Opinions, likes, dislikes, preferences, and otherwise can change. Openly divulging perspectives that you hold today, may conflict with your developing views into the futures. Yet, the “new you” will always stand juxtaposed against the prior declarations you made that are now concretized as part of your public profile. While the contents of your breakfast may hold little long-term impact, other data likewise readily shared can have consequences that could conceivably impact your ability to obtain certain employment or hinder other life experiences and ambitions.

As with sharing information about other people, extreme caution should be used before revealing information about yourself. If in doubt, it’s likely best not to do it. The short term gain, if any, could readily be outweighed by later consequences. Finally, you should note that we are not responsible for removing content once shared, and we may not be able to do so.

Restrictions on Use of Social Media Data

You, as a visitor to our tracymross.com website, are not permitted to “mine” social media or other platforms contained herein for personal information related to others. Even where people have publicly displayed data, you should not construe that as though you have the liberty to capture, reproduce, or reuse that information. Any use of social media or related platforms on our website are for interactive use only, relevant only during the website visit.

Accuracy of Social Media Data

As any social media platform is built on user-generated content, you should consider this fact in seeking to determine the authenticity of anything you read. We are not responsible for verifying any user-generated content for accuracy. A best practices policy would be to view all such content as strictly opinion, not fact.

Potential Issues of Liability

You should also be mindful of the fact that your words could trigger liability for harm caused to others. While you have the right to free speech, you do not have the right to damage other people. Under basic principles of tort law, you are always responsible, personally, for situations where either:

1. you were required to act, but did not (i.e. – some “duty of care”)
2. your were required to refrain from acting, but did not (i.e. – slander, defamation, etc.)

These “sins of omission and commission” could cause problems for you, irrespective of whether you assert you are conducting business under the guise of one or more business entities. Illegal and unethical conduct, when done in the name of a corporation or LLC, is still illegal and unethical conduct. As it is rarely part of a business plan to engage in illegal and unethical conduct, you are doubtfully operating in any official capacity, but rather, perhaps, leveraging that capacity to effectuate personal wrongdoing. You should consult a licensed attorney if you wish legal advice as to the (potential) ramification of your situation or legal problems stemming from this website or another.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by tracymross.com, in order to protect you and our tracymross.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at tracymross.com have paid to license the use of these legal notices and administrative pages on tracymross.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: http://tracymross.com/

The following describes the Copyright Notice for our tracymross.com website.

The entire contents of our tracymross.com website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our tracymross.com website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the material. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of paid material on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.

You are granted a nonexclusive, nontransferable, revocable license to use our tracymross.com website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download from tracymross.com. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.

As a user at tracymross.com, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

Our website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other tracymross.com user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by tracymross.com, in order to protect you and our tracymross.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at tracymross.com have paid to license the use of these legal notices and administrative pages on tracymross.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: http://tracymross.com/

The following describes the DMCA Compliance for our tracymross.com website.

We at tracymross.com are committed to responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed by the U.S. Digital Millennium Copyright Act as revealed at http://www.copyright.gov.

Remedy

If any material infringes on the copyright of any offended party, we may remove the content from tracymross.com, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. We may also pass along record of the incident for documentation and/or publication by third parties at our discretion.

Not Legal Advice/No Attorney-Client Relationship

If you believe your rights have been violated, it can be a serious matter. This DMCA notice exists solely to effectuate our efforts, as website owners, to prevent and eliminate infringement on intellectual property rights. It is no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service provider (ISP), may exist. You may wish to seek legal help immediately.

Notification

For your convenience and to speed resolution, notice of alleged infringement may be tendered to tracymross.com via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated. Six figure awards have already been granted for bogus complaints, so seeking the help of competent counsel is advised.

Assuming you still wish to assert copyright violation, you should provide the following to speed up the process:

STEP 1. Identify in adequate detail the copyrighted item you believe has been violated, by providing the URL to the protected work, ISBN#, or otherwise.
STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above.
STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested).
STEP 4. Provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing webpage or other content such as a blog or forum posting (email address is preferred).
STEP 5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
STEP 6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
STEP 7. Digitally sign your affirmation.

Counter-Notification

Note that the party representing the affected website or provider of content can issue a counter-notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to the content in that case.
For your convenience, counter notification may be tendered via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that others’ copyrights have NOT been violated

Assuming you still wish to file a counter-notice, you should provide the following to speed up the process:

STEP 1. Identify the specific URLs or other unique identifying information of material that we have removed or disabled access to.
STEP 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
STEP 3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
STEP 4. Digitally sign the affirmation.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by tracymross.com, in order to protect you and our tracymross.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at tracymross.com have paid to license the use of these legal notices and administrative pages on tracymross.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: http://tracymross.com/