Last Updated: March 6, 2007
TERMS OF SERVICE AND USE
THIS IS AN IMPORTANT LEGAL DOCUMENT – PLEASE READ IT CAREFULLY BEFORE PROCEEDING OR MAKING ANY USE OF THIS WEB PAGE, AUTORESPONDERS, OR NEWSLETTERS.
BY VIEWING OR OTHERWISE USING THE CONTENT OF THIS SITE, OR BY SUBSCRIBING TO ANY SERVICES, NEWSLETTERS, OR OTHER PAID OR FREE SERVICES FROM THE SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND YOU (“SITE USER”) ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT.
IF SITE USER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, SITE USER SHOULD PROMPTLY EXIT FROM THIS WEBSITE AND REFRAIN FROM USING ITS SERVICES. BY USING OR ACCESSING THE SERVICE SITE USER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
Legal Age Requirement:
IF SITE USER HAS NOT REACHED LEGAL AGE OF MAJORITY, OR IS OTHERWISE NOT PERMITTED BY LAW TO BE A PARTY TO THIS AGREEMENT, SITE USER ACKNOWLEDGES THAT THE OWNERS AND OPERATORS OF THIS SITE ARE PROVIDING THE INFORMATION AND SERVICES CONTAINED HEREIN OR OTHERWISE PROVIDED THROUGH THIS SITE WITH THE IMPLICIT UNDERSTANDING THAT SITE USER’S LEGAL GUARDIAN IS NOT OPPOSED TO SITE USER’S USE OF THE SERVICE.
THE OWNER OR OWNERS OF THIS SITE RESERVE THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SITE USER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. IN RESPONSE TO THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) WE SPECIFICALLY REQUIRE THAT SITE USER BE AT LEAST 13 YEARS OLD TO USE THIS SITE OF ANY OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER.
OWNER’S PROPRIETARY RIGHTS.
Except as otherwise specifically agreed in writing, OWNER shall retain all right, title and interest to the CONTENTS OF THIS PAGE and any products purchased or obtained from this page or OWNER, including but not limited to all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the Web Page, or any services provided by owner or any products sold by owner.
The contents of the web site, emails, products and services including but not limited to written reports, pdfs, books, tapes, audio files, mp3s, cds, and information provided through consultations by phone, internet, and or in person shall all constitute Products and Services hereunder
Site User may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Products or Services for any purpose whatsoever. Site User may not allow any third party to access the Products or Services for any purpose whatsoever without the express written consent or permission of the OWNER. Permission is routinely granted for certain purposes and under certain conditions. For permission to reproduce and materials please contact:
Anne Paisley or David M. Frees III, Esq.
610-933-8069 or 610-692-1371
The copyright notices and other proprietary notices, marks, and/or legends shall not be removed from the Products or Services and no right to use any trademark, service mark or other intellectual property is granted under this Agreement.
Site User also prohibited from granting any sublicense, lease or other right in the Products or Services to any third party. All rights not expressly granted under this Agreement are retained by OWNER.
- SITE USER REGISTRATION AND INFORMATION
Site User agrees to provide true, accurate, current and complete data to OWNER upon signing up for or purchasing any of the Products or Services and at subsequent times as reasonably requested by OWNER.
If Site User provides data that is, or that OWNER reasonably suspects to be, deceptive, false, inaccurate, not current or incomplete, Owner has the right to suspend or terminate all Services and refuse any and all current or future use of all Products and Services, or any portion thereof.
Site User acknowledges that OWNER may distribute the registration data to third parties, provided, however, Site User’s name, address (home and email) and telephone number will not be distributed, unless required by law, or in the event Site User grants Owner the right to provide that information.
In the event a password or other access code is provided, at any time, Site User is solely responsible for the maintaining the confidentiality of Site User’s password and PIN, and will be responsible for all transactions and activities that occur as a result of Site User’s disclosure of such password and/or PIN, whether or not such transactions and/or activities were authorized by Site User.
Site User shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Site User’s account.
Site User shall immediately notify OWNER if any unauthorized use of Site User’s account has occurred or of any other breach of security.
- TERMINATION, REFUND, AND SITE USER’S RIGHTS TO CHANGE OR END THIS AGREEMENT
Site User may terminate its rights to receive Services hereunder, at any time, by providing written notice to OWNER or by unsubscribing from any newsletter or publication.
Any changes in Services or other terms requested by Site User shall be accepted or rejected at OWNER’S discretion and shall be subject to the provisions of this Agreement.
OWNER RIGHTS TO RESTRICT OR END SERVICE OR THIS AGREEMENT
To maintain or improve the Services, to prevent fraud, or for any other reason determined by OWNER, OWNER, at its sole and absolute discretion, may restrict, suspend, terminate or modify Site User’s service with or without advanced or written notice. Without limiting the generality of the foregoing, OWNER may restrict, suspend or terminate Site User’s Services with or without notice for reasons including, without limitation, if Site User:
Attempts to defraud OWNER
Makes a false statement to OWNER
Interferes with OWNER’S business operations
Breaches any term of this Agreement
Fails to comply with existing or modified rules of use promulgated by OWNER
OWNER believes or suspects that Site User’s account is being misused or used for unlawful activity.
OWNER believes or reasonably suspects that the use of Site User’s account adversely affects or has the potential to affect the operation of the web site.
Upon any termination for any reason, OWNER may, take but is not limited to the following actions:
deactivate or delete Site User’s account and all related information and files in Site User’s account
reassign any information, or materials associated with the account,
and/or bar any further access to such files, information, or the Products and Services.
OWNER shall not be liable to Site User or any third party for any reason for terminating this Agreement or access to Products and Services or for modifying this Agreement and/or the Services.
- WARRANTY DISCLAIMER.
UNLESS OTHERWISE SPECIFICALLY STATED IN WRITING, THE PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY SITE USER.
OWNER MAKES NO WARRANTY THAT THE SERVICES OR PRODUCTS PROVIDED ON OR THROUGH THE WEB SITE, OR RELATED IN ANY WAY TO THE WEB SITE WILL MEET SITE USER’S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. OWNER IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
OWNER DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY PRODUCTS, GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE WEB SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE WEB SITE OR ANY SERVICES OR PRODUCTS.
OWNER DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR PRODUCTS RELATED IN ANY WAY TO THE WEB SITE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES, PRODUCTS, OR THE WEB SITE. SITE USER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE PRODUCTS, SERVICES OR THE WEB SITE, ARE AT SITE USER’S SOLE RISK AND DISCRETION AND OWNER WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SITE USER OR SITE USER’S PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SITE USER FROM OWNER, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CERTAIN SITE USERS.
Additional disclaimers may be found in the disclaimer section of the web site.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL OWNER BE LIABLE TO SITE USER OR ANY PARTY HERETO, OR TO ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. OWNER’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE COSTS, FEES, AND/OR LICENSE FEE PAID BY SITE USER FOR THE PRODUCTS OR SERVICES, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN SITE USERS.
Site User shall indemnify and hold harmless OWNER, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from any negligent acts, omissions or willful misconduct by Site User, Site User’s use of the Services and/or any breach of the terms and conditions of this Agreement by Site User.
- DOMESTIC AND INTERNATIONAL USE
OWNER makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the state of Pennsylvania in the United States, and accessing them from territories where their contents are illegal is SPECIFICALLY prohibited by OWNER.
Site User agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Site User resides.
- MODIFICATION TO PRODUCTS AND SERVICES.
During the term of this Agreement, OWNER may modify or discontinue any or all of the products and/or the Services, in whole or in part, and at any time and with or without notice to Site User.
Without limiting the generality of the foregoing, OWNER may, from time to time, with or without notice and at its sole and absolute discretion, establish or change various practices, limitations and restrictions for administering such Services or for delivering Products and Services, including without limitation: (a) the nature and extent of the product or services; (b) how often all or a part of the Services or account may be accessed; (c) the format of delivery of products and services (d) the duration of any access to services or information under the web site or through newsletters; (e) the maximum number of days that messages or postings will be made available for download or viewing; (f) the size and nature and quantity of messages and postings; (g) the maximum storage space available for an account; and (h) any other matters related to the administration and delivery of the Services or sale of the Products;.
Site User agrees that OWNER shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of content, emails, audio files, voice mails, uploads, communications, postings, data or information related to the site, products and services, or site, whether or not Site User is given prior notice thereof.
OWNER may, for example, delete accounts that are inactive for an extended period of time.
OWNER shall not be liable to the Site User or any third party for any reason for OWNER deleting, modifying or terminating the Services hereunder or any access to the site, products and services, in whole or in part.
Site User is responsible for creating a back-up copy of any important or critical information that is stored on the Services. OWNER shall not be responsible or liable in any way for any information or data loss in connection with the Services.
- ENTIRE AGREEMENT AND MODIFICATION TO AGREEMENT.
OWNER reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service at the Web Site, or any successor sites.
Any Use of the Web Site, Registration for newsletters or email contact, purchase of products and or services shall constitute Site User’s agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Products or Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Site User.
If Site User does not agree to the changes, Site User shall immediately cease all use of the web site, products and services.
This agreement represents the entire agreement and no oral or other representations have been made or relied upon.
- RULES AND REGULATIONS
Owner has promulgated certain rules for use of the site and or any products or services related to the site or available through the site and reserves the right to make reasonable changes in such rules from time to time. Site User agrees to follow such rules, and to follow any amendments to such rules.
Site User shall not use the Products or Services provided by OWNER to create or distribute or to imply endorsement of any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party’s rights, or which are otherwise illegal or which violate any state, federal. Or local law, statute or ordinance.
Site User will also abide by all rules, regulations, procedures and policies of OWNER and any policies of the networks connected to the Web site, or which are utilized by the OWNER in any capacity.
Site User agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Site User’s account or password, including the content of Site User’s transmissions of any materials, products, or violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Service;
Attempt to gain unauthorized access to the Site, the Site’s services, other accounts, computer systems or networks connected to the Site or services, through password mining or any other means;
Interfere with another member’s use and enjoyment of the Site or Services or another entity’s use and enjoyment of similar services.
Site User further acknowledges and agrees that OWNER may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Enforcement of this agreement
Comply with legal process
Investigate claims that any content violates laws or ordinances
Protect the rights and property of OWNER, site users and the public
- ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
Site User agrees that by entering into transactions with OWNER, Site User specifically consents to receive all communications and information, copies of agreements and correspondence (“Documents”) from OWNER in an electronic format, and to also send information to OWNER in an electronic format, either through Site User’s account or via email, at OWNER’s discretion.
Site User agrees to treat any such electronic communications and Documents received from OWNER or sent to OWNER as being legally binding and equivalent to any “written” information Site User would receive or send in print or by postal mail and as having full legal enforceability and legal effect.
Site User agrees that Site User will review Site User’s transaction(s) carefully prior to accepting them and that once Site User accepts any transaction, it will be final, binding upon Site User and unchangeable in any way.
- GENERAL PROVISIONS AND INTERPRETATION
This Agreement, including any documents incorporated herein by reference, merges all prior written and oral communications of the parties and defines the entire agreement of the parties concerning the Services.
In the event any portion of this Agreement shall be finally determined to be illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties.
All notices under this Agreement shall be in writing and delivered by email unless otherwise specifically provided.
This Agreement shall be construed in accordance with the laws of the State of Pennsylvania
without regard to its conflict of law provisions. Each party submits to the exclusive jurisdiction of the state and federal courts located in the Eastern District of Pennsylvania, and irrevocably waives any right that such party may have to assert the such forum is not convenient or that any such court lacks jurisdiction.
Site User agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause OWNER irreparable harm and OWNER may obtain injunctive relief as well as seek all other remedies available to OWNER in law and in equity.
Site User shall not transfer or assign this Agreement or Site User’s rights under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
The failure of OWNER to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.
Furthermore, Owner may consent to or demand, that any dispute between the parties be submitted to non binding mediation or to a panel of arbitrators and to arbitration in accordance with the rules of the American Arbitration Association at a place selected by OWNER.
The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Site User.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
IF YOU DO NOT AGREE TO AND ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AND USE – YOU MUST PROMPTLY EXIT FROM THIS WEB PAGE