Terms of Use
Welcome
to naturalpersuasionlive.com (the "Natural
Persuasion Technologies, Corp." Site), a site
owned and operated by Natural Persuasion Technologies, Corp.
These Terms of Use, along with policies and guidelines located
throughout the Natural Persuasion Technologies, Corp. Site identify
what users of the Natural Persuasion Technologies, Corp Site ("Users")
can expect from Natural Persuasion Technologies, Corp, Natural
Persuasion Technologies, Corp Providers (as defined below) and the
Natural Persuasion Technologies, Corp. Site and what we expect from
Users. By accessing any areas of the Natural Persuasion Technologies,
Corp. Site, Users are deemed to have accepted these Terms of Use and
other policies and guidelines identified throughout the Natural
Persuasion Technologies, Corp. Site.
I. ONLINE CONDUCT
User agrees to use the Natural Persuasion Technologies, Corp. Site
only for lawful purposes. User is prohibited from posting on or
transmitting through the Natural Persuasion Technologies, Corp. Site
any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law.
If Natural Persuasion Technologies, Corp. is notified of any book,
information, data, software, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material on the Natural Persuasion
Technologies, Corp. Site (collectively "Content")
provided by User (e.g., through an author chat or online review) that
is allegedly infringing, defamatory, damaging, illegal, or offensive,
Natural Persuasion Technologies, Corp. may investigate the allegation
and determine in its sole discretion whether to remove or request the
removal of such Content from the Natural Persuasion Technologies,
Corp. Site. Natural Persuasion Technologies, Corp. may disclose any
Content or electronic communication of any kind (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is
necessary or appropriate to operate the Natural Persuasion
Technologies, Corp. Site; or (iii) to protect the rights or property
of Natural Persuasion Technologies, Corp. and its officers, directors,
employees, agents, third-party content providers, merchants, sponsors,
and licensors (collectively, " Natural Persuasion Technologies,
Corp. Providers")
and any other User.
Natural Persuasion Technologies, Corp. reserves the right to prohibit
conduct, communication, or Content that it deems in its sole
discretion to be harmful to individual Users, Natural Persuasion
Technologies, Corp., the Natural Persuasion Technologies, Corp. Site,
the communities that make up the Natural Persuasion Technologies,
Corp. Site, or any rights of Natural Persuasion Technologies, Corp. or
any third party, or to violate any applicable law. Notwithstanding the
foregoing, no Natural Persuasion Technologies, Corp. Provider can
ensure prompt removal of questionable Content after online posting.
Accordingly, no Natural Persuasion Technologies, Corp. Provider shall
assume liability for any action or inaction with respect to conduct,
communication, or Content on the Natural Persuasion Technologies,
Corp. Site.
II. PRIVACY POLICY
Natural Persuasion Technologies, Corp. respects the privacy of its Users. The terms and conditions of
the Natural Persuasion Technologies, Corp. Privacy Policy are outlined
in the Privacy Policy section of this site.
III. TRADEMARKS
NaturalPersuasionLive.com and Natural Persuasion Technologies, Corp.
are trademarks or service marks of Natural Persuasion Technologies,
Corp. or its licensor. All rights are reserved. These and other
graphics, logos, service marks, trademarks and trade dress of Natural
Persuasion Technologies, Corp. and its licensors used on the Natural
Persuasion Technologies, Corp. Site may not be used without prior
written consent of Natural Persuasion Technologies, Corp. or its
licensor, as the case may be. Without limiting the foregoing, no
Natural Persuasion Technologies, Corp. trademark or trade dress may be
used in connection with any product or service that is not Natural
Persuasion Technologies, Corp's., in any manner that is likely to
cause confusion among Users, or in any manner that disparages or
discredits Natural Persuasion Technologies, Corp..
IV. CONTENT
A. Proprietary Rights
User acknowledges that the Natural Persuasion Technologies, Corp. Site
contains Content that is protected by copyrights, trademarks, trade
secrets, or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work
under U.S. copyright laws, and Natural Persuasion Technologies, Corp.
owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content. User may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer or
sale of, create derivative works from, or in any way exploit any of
the Content, in whole or in part. If no specific restrictions are
displayed, Users may make copies of select portions of the Content,
provided that the copies are made only for Users personal use and that
User maintains any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws (see, e.g., 17
U.S.C. Section 107), User may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the
copyright or other propriety right. In addition to the foregoing, use
of any software Content shall be governed by the software license
agreement accompanying such software.
B. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph A. above, User may upload to or
otherwise distribute on the Natural Persuasion Technologies, Corp.
Site only Content that is not subject to any copyright or other
proprietary rights protection (collectively, "Public
Content"), or Content in which the author has
given express authorization for distribution on the World Wide Web.
Any copyrighted or other proprietary Content distributed with the
consent of a copyright owner should contain a phrase such as
"Copyright, owned by [name of owner]; used by permission."
The unauthorized submission or distribution of copyrighted or other
proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit.
User will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising from
such submission. No Natural Persuasion Technologies, Corp. Provider
will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising from
such User submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report an infringement to
Natural Persuasion Technologies, Corp. at ---------------------------.
By submitting Content to any User-submit areas, including, without
limitation, any User book reviews or participation in any author
chats, User automatically grants, or warrants that the owner of such
Content has expressly granted Natural Persuasion Technologies, Corp.
Providers, the royalty-free, perpetual, irrevocable, right and license
to use, reproduce, publish, translate, sublicense, copy, and
distribute the Content in whole or in part worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or hereafter developed for the full term of any copyright that
may exist in such Content. User also permits any other User to access,
store, or reproduce the Content for that Users personal use. Subject
to this grant, the owner of Content placed on the Natural Persuasion
Technologies, Corp. Site retains any and all rights which may exist in
such Content.
C. Third-Party Content
Natural Persuasion Technologies, Corp. is a distributor and not a
publisher of Content supplied by third parties and Users. Natural
Persuasion Technologies, Corp. has no more editorial control over such
Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes
part of Content expressed or made available by third parties,
including any other User, are those of the respective authors or
distributors and not of Natural Persuasion Technologies, Corp. or its
affiliates or any of their officers, directors, employees, or agents.
No Natural Persuasion Technologies, Corp. Provider guarantees the
accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many
instances, the Content available through the Natural Persuasion
Technologies, Corp. Site represents the opinions and judgments of the
respective third party providing such Content. Natural Persuasion
Technologies, Corp. neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement made on
the Natural Persuasion Technologies, Corp. Site by anyone other than
Natural Persuasion Technologies, Corp.. Under no circumstances shall
Natural Persuasion Technologies, Corp., or its affiliates, or any of
their officers, directors, employees, or agents be liable for any
loss, damage or harm caused by a Users reliance on information
obtained through the Natural Persuasion Technologies, Corp. Site. It
is the responsibility of User to evaluate the information, opinion,
advice, or other Content available through the Natural Persuasion
Technologies, Corp. Site.
D. Export
The U.S. export control laws regulate the export and re-export of
technology originating in the United States. This includes the
electronic transmission of information and software to foreign
countries and to certain foreign nationals. User agrees to abide by
these laws and their regulations -- including but not limited to the
Export Administration Act and the Arms Export Control Act and not to
transfer, by electronic transmission or otherwise, any Content derived
from the Natural Persuasion Technologies, Corp. Site to either a
foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
Natural Persuasion Technologies, Corp. does not intend the Natural
Persuasion Technologies, Corp. Site to be used by minors under the age
of 13. Furthermore, Natural Persuasion Technologies, Corp. does not
market the Natural Persuasion Technologies, Corp. Site for use by
minors under the age of 13. Natural Persuasion Technologies, Corp.
relies upon parents or guardians of Users under the age of 18 to
determine if any content or items available on the Natural Persuasion
Technologies, Corp. Site are appropriate for view or access by such
Users.
VI. TERMINATION OF USAGE
Natural Persuasion Technologies, Corp. may suspend or terminate any
Users access to all or any part of the Natural Persuasion
Technologies, Corp. Site including any account thereon, without
notice, for any reason in Natural Persuasion Technologies, Corp. sole
discretion, including, without limitation, Natural Persuasion
Technologies, Corp. belief that such access would violate any
applicable law or would be harmful to the interests of any Natural
Persuasion Technologies, Corp. Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Natural
Persuasion Technologies, Corp. account password confidential and (ii)
restricting access to such User's computer. Each User agrees to accept
full responsibility for all activities that occur within such User's
Natural Persuasion Technologies, Corp. account.
VIII. DISCLAIMERS AND
LIMITATION OF LIABILITY
THE Natural Persuasion
Technologies, Corp. SITE IS PROVIDED BY Natural
Persuasion Technologies, Corp. PROVIDERS ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, EACH Natural
Persuasion Technologies, Corp. PROVIDER DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO Natural
Persuasion Technologies, Corp. PROVIDER MAKES ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO
THE OPERATION OF THE Natural
Persuasion Technologies, Corp. SITE, OR THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Natural
Persuasion Technologies, Corp. SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY
INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE
JAMES RAY INTERNATIONAL SITE; OR (IV) THAT THE Natural
Persuasion Technologies, Corp. SITE, ITS SERVERS, OR E-MAIL
SENT FROM OR ON BEHALF OF Natural
Persuasion Technologies, Corp. ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
NO Natural Persuasion
Technologies, Corp. PROVIDER GUARANTEES THE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE Natural
Persuasion Technologies, Corp. SITE OR ANY RELATED SERVICES.
THE OPERATION OF THE Natural
Persuasion Technologies, Corp. SITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Natural
Persuasion Technologies, Corp. PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY Natural
Persuasion Technologies, Corp. PROVIDER BE LIABLE FOR ANY
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Natural Persuasion Technologies, Corp. SITE, INCLUDING BUT NOT
LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Natural
Persuasion Technologies, Corp. SITE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Natural
Persuasion Technologies, Corp. RECORDS, PROGRAMS, OR SERVICES.
USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL
CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Natural
Persuasion Technologies, Corp. SITE.
NO Natural Persuasion
Technologies, Corp. PROVIDER WILL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF
THE Natural Persuasion Technologies, Corp. SITE OR THE PURCHASE OF
ANY PRODUCT THEREFROM, EVEN IF SUCH Natural
Persuasion Technologies, Corp. PROVIDER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE
ADDITIONAL RIGHTS.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If
for any reason any provision of these Terms of Use shall be held
invalid or unenforceable in whole or in part in any jurisdiction, such
provision shall, as to such jurisdiction, be ineffective to the extent
of such invalidity or unenforceability without in any manner affecting
the validity or enforceability thereof in any other jurisdiction or
the remaining provisions hereof in any jurisdiction.
X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Natural Persuasion
Technologies, Corp. in the State of Illinois. As such, the laws of the
State of Illinois will govern these Terms of Use, without giving
effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit to the
exclusive jurisdiction of the courts of the State of Illinois and of
the United States of America located in the State of Illinois for any
litigation arising out of or relating to use of or purchase made
through the Natural Persuasion Technologies, Corp. Site (and agrees
not to commence any litigation relating thereto except in such
courts), waives any objection to the laying of venue of any such
litigation in the Illinois Courts and agrees not to plead or claim in
any Illinois Court that such litigation brought therein has been
brought in an inconvenient forum.
XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of
Use (including any breach thereof), the Natural Persuasion
Technologies, Corp. Site, any Content or any item purchased from the
Natural Persuasion Technologies, Corp. Site shall be settled by
confidential arbitration in Chicago, Illinois administered by the
American Arbitration Association under its Commercial Arbitration
Rules (including without limitation the Supplementary Procedures for
Consumer-Related Disputes), and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
Any such controversy or claim shall be arbitrated on an individual
basis and shall not be consolidated with any claim or controversy of
any other party. The foregoing shall not preclude Natural Persuasion
Technologies, Corp. from seeking any injunctive relief in State or
Federal courts located in the State of Illinois for protection of
Natural Persuasion Technologies, Corp. or Natural Persuasion
Technologies, Corp. licensors intellectual property rights, and you
consent to exclusive jurisdiction and venue in such courts.
XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein,
represents the entire understanding between User and Natural
Persuasion Technologies, Corp. regarding Users relationship with
Natural Persuasion Technologies, Corp. and supersedes any prior
statements or representations. When using the Natural Persuasion
Technologies, Corp. Site or making a purchase there from, USER AGREES
TO BE BOUND BY THESE TERMS OF USE.
XIII. MODIFICATION
Natural Persuasion Technologies, Corp. reserves the right to make
changes to the Natural Persuasion Technologies, Corp. Site, posted
policies and these Terms of Use at any time without notice. These
Terms of Use were last revised on April 19, 2009.
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