Please read and abide by
the terms and conditions persuasionone.com. as
set forth in this agreement.
You must agree to these
terms and conditions prior to using or joining
persuasionone.com.
WEBSITE SERVICE AGREEMENT/TERMS OF
USE
The services that Paul
Endress / PersuasionOne provides
to visitors to the website and members of
the community are subject to the following
Terms of Use ("TOU" or “Agreement”). Paul
Endress / PersuasionOne requires that all
persons or entities visiting this Website and
those that become a Member agree to the TOU.
Please read the TOU carefully before continuing
on with your use of this Website or becoming a
Member of the Website. The TOU shall govern the
use of the Website and apply to all Internet
traffic visiting the Website.
1. ACCEPTANCE OF
TERMS AND BINDING EFFECT
THIS IS A BINDING
AGREEMENT. BY USING AND/OR VISITING THIS
WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT
AVAILABLE THROUGH THE persuasionone.com DOMAIN
NAME, THE “WEBSITE”), YOU (“Member,” “YOU” OR
“YOUR”) SIGNIFY YOUR ASSENT TO THE TOU, THE
WEBSITE’S PRIVACY POLICY, WHICH IS PUBLISHED AT
http:/www.persuasionone.com/privacy-policy.html
AND LICENSES OBTAINED FROM THE UTILIZATION
OF THE WEBSITE’S SERVICES AND WHICH ARE
INCORPORATED HEREIN BY
REFERENCE. IT IS
YOUR RESPONSIBILITY TO REVIEW THE TOU
PERIODICALLY. IF AT ANY TIME YOU FIND
THE TOU AND INCORPORATED AGREEMENTS
UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE
WEBSITE AND CEASE ALL USE OF THE SERVICES
AND THE WEBSITE. YOU AGREE THAT BY USING THE
SERVICES YOU REPRESENT THAT YOU ARE AT LEAST
18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE
TO ENTER INTO THIS AGREEMENT.
A. Paul Endress/
PersuasionOne reserves the right to update
the TOU at any time without notice to
Member.
B. The right to use
persuasionone.com is personal to Member and is
not transferable to any other person or entity.
Member is responsible for all use of Member's
Account (under any screen name or password) and
for ensuring that all use of Member's Account
complies fully with the provisions of this
Agreement. Member shall be responsible for
protecting the confidentiality of Member's
password(s), if any.
C. Paul Endress /
PersuasionOne shall have the right at any time
to change or discontinue any aspect or feature
of persuasionone.com, including, but not
limited to, content, hours of availability, and
equipment needed for access or use.
2. CHANGED
TERMS
The most current version of
the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located or
published at the bottom of our Web pages. Paul
Endress / PersuasionOne shall have the right at
any time to change or modify the terms and
conditions applicable to Member's use of
persuasionone.com, or any part thereof, or to
impose new conditions, including, but not
limited to, adding fees and charges for use.
Such changes, modifications, additions or
deletions shall be effective immediately upon
notice thereof, which may be given by means
including, but not limited to, posting on
persuasionone.com, or by electronic or
conventional mail, or by any other means by
which Member obtains notice thereof. Any use of
persuasionone.com by Member after such notice
shall be deemed to constitute acceptance by
Member of such changes, modifications or
additions.
3. DESCRIPTION OF
SERVICES
Through the Website and its
Web property, Paul Endress / PersuasionOne
provides Member with access to a variety of
resources, including download areas, software,
communication forums and product information
(collectively "Services"). The Services,
including any updates, enhancements, new
features, and/or the addition of any new Web
properties, are subject to the TOU, the privacy
policy and licenses.
4.
EQUIPMENT
Member shall be responsible
for obtaining and maintaining all telephone,
computer hardware, software and other equipment
needed for access to and use of
persuasionone.com and all charges related
thereto.
5. MEMBER CONDUCT
AND PROHIBITIONS
A. Member shall use
persuasionone.com for lawful purposes only.
Member shall not post or transmit through
persuasionone.com any material which violates
or infringes in any way upon the rights of
others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages
conduct that would constitute a criminal
offense, give rise to civil liability or
otherwise violate any law, or which, without
Paul Endress / PersuasionOne express prior
approval, contains advertising or any
solicitation with respect to products or
services. Any conduct by Member that in Paul
Endress / PersuasionOne's discretion restricts
or inhibits any other Member from using or
enjoying persuasionone.com will not be
permitted. Member shall not use
persuasionone.com to advertise or perform any
commercial solicitation, including, but not
limited to, the solicitation of Members to
become subscribers of other on-line information
services competitive with Paul Endress/
PersuasionOne.
B. Persuasionone.com
contains copyrighted material, trademarks and
other proprietary information, including, but
not limited to, text, software, photos, video,
graphics, music and sound, and the entire
contents of persuasionone.com are copyrighted
as a collective work under the United States
copyright laws. persuasionone, Inc. owns a
copyright in the selection, coordination,
arrangement and enhancement of such content, as
well as in the content original to it. Member
may not modify, publish, transmit, participate
in the transfer or sale, create derivative
works, or in any way exploit, any of the
content, in whole or in part. Member may
download copyrighted material for Member's
personal use only. Except as otherwise
expressly permitted under copyright law, no
copying, redistribution, retransmission,
publication or commercial exploitation of
downloaded material will be permitted without
the express permission of Paul Endress /
PersuasionOne and the copyright owner. In the
event of any permitted copying, redistribution
or publication of copyrighted material, no
changes in or deletion of author attribution,
trademark legend or copyright notice shall be
made. Member acknowledges that it does not
acquire any ownership rights by downloading
copyrighted material.
C. Member shall not upload,
post or otherwise make available on
persuasionone.com any material protected by
copyright, trademark or other proprietary right
without the express permission of the owner of
the copyright, trademark or other proprietary
right and the burden of determining that any
material is not protected by copyright rests
with Member. Member shall be solely liable for
any damage resulting from any infringement of
copyrights, proprietary rights, or any other
harm resulting from such a submission. By
submitting material to any public area of
persuasionone.com, Member automatically grants,
or warrants that the owner of such material has
expressly granted persuasionone, Inc. the
royalty-free, perpetual, irrevocable,
non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate
and distribute such material (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
material. Member also permits any other Member
to access, view, store, or reproduce the
material for that Member's personal use. Member
hereby grants Paul Endress / PersuasionOne the
right to edit, copy, publish and distribute any
material made available on persuasionone.com by
Member.
D. The foregoing provisions
of Section 5 are for the benefit of Paul
Endress / PersuasionOne, its subsidiaries,
affiliates and its third party content
providers and licensors and each shall have the
right to assert and enforce such provisions
directly or on its own behalf.
6. USE OF SERVICES
AND PROHIBITIONS
A. The Services may contain
email services, bulletin board services, blog
services, chat areas, news groups, forums,
communities, personal web pages, calendars,
photo albums, file cabinets and/or other
message or communication facilities designed to
enable Member to communicate with others (each
a "Communication Service" and collectively
"Communication Services"). Member agrees to use
the Communication Services only to post, send
and receive messages and material that are
proper and, when applicable, related to the
particular Communication Service. By way of
example, and not as a limitation, Member agrees
that when using the Communication Services,
Member will not:
-
Use the Communication Services in
connection with surveys, contests,
pyramid schemes, chain letters,
junk email, spamming or any
duplicative or unsolicited messages
(commercial or otherwise);
-
Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others;
-
Publish, post, upload, distribute
or disseminateq any inappropriate,
profane, defamatory, obscene,
indecent or unlawful topic, name,
material or information;
-
Upload, or otherwise make
available, filesq that contain
images, photographs, software or
other material protected by
intellectual property laws,
including, by way of example, and
not as limitation, copyright or
trademark laws (or by rights of
privacy or publicity) unless Member
own or control the rights thereto
or have received all necessary
consent to do the same;Use any
material or information, including
images orq photographs, which are
made available through the Services
in any manner that infringes any
copyright, trademark, patent, trade
secret, or other proprietary right
of any party;
-
Upload files that contain viruses,
Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any
other similar software or programs
that may damage the operation of
another's computer or property of
another;
-
Advertise or offer to sell or buy
any goods or services for any
business purpose, unless such
Communication Services specifically
allows such messages;
-
Download any file posted by another
Member of a Communication Service
that Member know, or reasonably
should know, cannot be legally
reproduced, displayed, performed,
and/or distributed in such manner;
-
Falsify or delete any copyright
management information, such as
author attributions, legal or other
proper notices or proprietary
designations or labels of the
origin or source of software or
other material contained in a file
that is uploaded
-
Restrict or inhibit any other
Member from using and enjoying theq
Communication Services;
-
Violate any code of conduct or
other guidelines which may be
applicable for any particular
Communication Service;
-
Harvest or otherwise collect
information about others, including
email addresses;
-
Violate any applicable laws or
regulations;
-
Create a false identityq for the
purpose of misleading others;
-
Use, download or otherwise copy, or
provide (whether or not for a fee)
to a person or entity any directory
of Members of the Services or other
Member or usage information or any
portion thereof.
B. Paul Endress /
PersuasionOne has no obligation to monitor the
Communication Services. However, Paul Endress /
PersuasionOne reserves the right to review
materials posted to the Communication Services
and to remove any materials in its sole
discretion. Paul Endress / PersuasionOne
reserves the right to terminate Member’s access
to any or all of the Communication Services at
any time, without notice, for any reason
whatsoever. Paul Endress / PersuasionOne
reserves the right at all times to disclose any
information as it deems necessary to satisfy
any applicable law, regulation, legal process
or governmental request, or to edit, refuse to
post or to remove any information or materials,
in whole or in part, in Paul Endress /
PersuasionOne sole discretion.
C. Materials uploaded to the
Communication Services may be subject to posted
limitations on usage, reproduction and/or
dissemination; Member is responsible for
adhering to such limitations if Member
downloads the materials.
D. Always use caution when
giving out any personally identifiable
information in any Communication Services. Paul
Endress / PersuasionOne does not control or
endorse the content, messages or information
found in any Communication Services and,
therefore, Paul Endress / PersuasionOne
specifically disclaims any liability with
regard to the Communication Services and any
actions resulting from Member’s participation
in any Communication Services. Managers and
hosts are not authorized Paul Endress /
PersuasionOne spokespersons, and their views do
not necessarily reflect those of persuasionone,
Inc.
7. MEMBER ACCOUNT,
PASSWORD, AND SECURITY
If any of the Services
requires Member to open an account, Member must
complete the registration process by providing
Paul Endress / PersuasionOne with current,
complete and accurate information as prompted
by the applicable registration form as well as
agree to all terms the Services. Member also
will choose a password and a Member name.
Member is entirely responsible for maintaining
the confidentiality of Member’s password and
account. Furthermore, Member is entirely
responsible for any and all activities that
occur under Member’s account. Member agrees to
notify Paul Endress / PersuasionOne immediately
of any unauthorized use of Member’s account or
any other breach of security. Paul Endress /
PersuasionOne will not be liable for any loss
that Member may incur as a result of someone
else using Member’s password or account, either
with or without Member’s knowledge. However,
Member could be held liable for losses incurred
by Paul Endress / PersuasionOne or another
party due to someone else using Member’s
account or password. Member may not use anyone
else's account at any time, without the
permission of the account holder.
8. NOTICE SPECIFIC
TO SOFTWARE AVAILABLE ON THIS
WEBSITE
A. Any software that is made
available to download from the Services
("Software") is the copyrighted work of Paul
Endress / PersuasionOne and/or its suppliers.
Use of the Software is governed by the TOU or
any accompanying license agreement.
B. The Software is made
available for download solely for use or
personal use by end Members according to the
TOU or any accompanying license
agreement. Any reproduction or
redistribution of the Software not in
accordance with the License Agreement is
expressly prohibited by law, and may result in
severe civil and criminal penalties. The
Software is made available for download solely
for use or personal use by end Members
according to the accompanying license
agreement. Violators will have their
licenses, provided with each product download,
revoked if they do not follow these terms and
will be prosecuted to the maximum extent
possible.
C. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, Paul Endress / PersuasionOne HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
D. FOR YOUR CONVENIENCE,
Paul Endress / PersuasionOne MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. Paul Endress / PersuasionOne DOES NOT
MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY
OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC
TO DOCUMENTS AVAILABLE ON THIS
WEBSITE
A. Permission to use
Documents (such as white papers, press
releases, datasheets and FAQs) from the
Services is granted, provided that (1) the
below copyright notice appears in all copies
and that both the copyright notice and this
permission notice appear, (2) use of such
Documents from the Services is for
informational and non-commercial or personal
use only and will not be copied or posted on
any network computer or broadcast in any media,
and (3) no modifications of any Documents are
made. Accredited educational institutions, such
as universities, private/public colleges, and
state community colleges, may download and
reproduce the Documents for distribution in the
classroom. Distribution outside the classroom
requires express written permission. Use for
any other purpose is expressly prohibited by
law, and may result in severe civil and
criminal penalties. Violators will be
prosecuted to the maximum extent
possible.
B. Paul Endress/
PersuasionOne AND/OR THEIR RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
persuasionone, INC. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
Paul Endress / PersuasionOne AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
C. THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Paul Endress /
PersuasionOne AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
10. NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS SITE
IN NO EVENT SHALL Paul
Endress / PersuasionOne AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES.
11. MATERIALS
PROVIDED TO Paul Endress / PersuasionOne OR
POSTED AT ANY OF ITS WEBSITES
A. Paul Endress /
PersuasionOne does not claim ownership of the
materials Member provide to Paul Endress /
PersuasionOne (including feedback and
suggestions) or post, upload, input or submit
to any Services or its associated services for
review by the general public, or by the Members
of any public or private community, (each a
"Submission" and collectively "Submissions").
However, by posting, uploading, inputting,
providing or submitting ("Posting") Member’s
Submission Member is granting Paul Endress /
PersuasionOne, its affiliated companies and
necessary sublicensees permission to use
Member’s Submission in connection with the
operation of their Internet businesses
(including, without limitation, all Paul
Endress / PersuasionOne Services), including,
without limitation, the license rights to:
copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate
and reformat Member’s Submission; to publish
Member’s name in connection with Member’s
Submission; and the right to sublicense such
rights to any supplier of the Services. No
compensation will be paid with respect to the
use of Member’s Submission, as provided herein.
Paul Endress / PersuasionOne is under no
obligation to post or use any Submission Member
may provide and Paul Endress / PersuasionOne
may remove any Submission at any time in its
sole discretion. By Posting a Submission Member
warrants and represents to own or otherwise
control all of the rights to Member’s
Submission as described in these TOU Use
including, without limitation, all the rights
necessary for Member to provide, post, upload,
input or submit the Submissions.
B. In addition to the
warranty and representation set forth above, by
Posting a Submission that contain images,
photographs, pictures or that are otherwise
graphical in whole or in part ("Images"),
Member warrant and represent that (a) Member is
the copyright owner of such Images, or that the
copyright owner of such Images has granted
Member permission to use such Images or any
content and/or images contained in such Images
consistent with the manner and purpose of
Member’s use and as otherwise permitted by
these TOU and the Services, (b) Member have the
rights necessary to grant the licenses and
sublicenses described in these Terms of Use,
and (c) that each person depicted in such
Images, if any, has provided consent to the use
of the Images as set forth in these TOU,
including, by way of example, and not as a
limitation, the distribution, public display
and reproduction of such Images. By Posting
Images, Member is granting (a) to all Members
of Member’s private community (for each such
Images available to Members of such private
community), and/or (b) to the general public
(for each such Images available anywhere on the
Services, other than a private community),
permission to use Member’s Images in connection
with the use, as permitted by these Terms of
Use, of any of the Services, (including, by way
of example, and not as a limitation, making
prints and gift items which include such
Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit,
translate and reformat Member’s Images without
having Member’s name attached to such Images,
and the right to sublicense such rights to any
supplier of the Services. The licenses granted
in the preceding sentences for a Images will
terminate at the time Member completely remove
such Images from the Services, provided that,
such termination shall not affect any licenses
granted in connection with such Images prior to
the time Member completely remove such Images.
No compensation will be paid with respect to
the use of Member’s Images.
C. Paul Endress /
PersuasionOne is a distributor (and not a
publisher) of content supplied by third parties
and Members. Accordingly, Paul Endress /
PersuasionOne has no more editorial control
over such content than does a public library,
bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other
information or content expressed or made
available by third parties, including
information providers, Members or any other
Member of persuasionone.com, are those of the
respective author(s) or distributor(s) and not
of Paul Endress / PersuasionOne Neither
Paul Endress / PersuasionOne nor any
third-party provider of information guarantees
the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness
for any particular purpose.
11. NOTICE TO
PARENTS AND CHILDREN
We adhere to the Children's
Privacy Act. You must be 18 years of age to
join or use persuasionone.com or any of the
recommended or linked sites. This site follows
the guidelines, policies and laws of the
Federal Trade Commission (www.ftc.gov). We
retain the right to refuse anyone membership in
any of our sites.
12. COMPLIANCE
WITH ALL INTELLECTUAL PROPERTY
LAWS
When accessing the Website
or using the Services, you agree to obey the
law and to respect the intellectual property
rights of others. Your use of the Services and
the Website is at all times governed by and
subject to laws regarding copyright ownership
and use of intellectual property. You agree not
to upload, download, display, perform,
transmit, or otherwise distribute any
information or Materials in violation of any
third party’s copyrights, trademarks, or other
intellectual property or proprietary rights.
You agree to abide by laws regarding copyright
ownership and use of intellectual property, and
you shall be solely responsible for any
violations of any relevant laws and for any
infringements of third party rights caused by
any Materials you provide or transmit, or that
is provided or transmitted using your Member
ID. The burden of proving that any
Materials do not violate any laws or third
party rights rests solely with you.
13. DISCLAIMER OF
WARRANTY; LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES
THAT USE OF persuasionone.com IS AT MEMBER'S
SOLE RISK. NEITHER persuasionone, INC., ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT
persuasionone.com WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF
persuasionone.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH
persuasionone.com.
B. persuasionone.com IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THIS SECTION APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY
ACKNOWLEDGES THAT Paul Endress / PersuasionOne
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER MEMBERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH MEMBER.
D. IN NO EVENT WILL Paul
Endress / PersuasionOne, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING persuasionone.com OR THE
persuasionone, INC. SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE persuasionone.com. MEMBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE
SITE.
E. IN ADDITION TO THE TERMS
SET FORTH ABOVE NEITHER, Paul Endress /
PersuasionOne, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN
persuasionone.com, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF
A STOCK TRADE, MEMBERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. Paul Endress / PersuasionOne, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, Paul Endress / PersuasionOne, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE IS NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER
PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE
OUTAGES RESULTING FROM EQUIPMENT AND/OR
SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES,
FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY
SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN
A MAXIMUM OF FIFTEEN (15) CALENDAR DAYS FROM
ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT
SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
14. NO INCOME
GUARANTEE
Paul Endress / PersuasionOne
makes no claim regarding income guarantees or
results from using its products, workshops,
services, recommendations or any partner
services. You are joining persuasionone.com as
a Member and if you so desire, you may upgrade
to paid membership. However this is not
mandatory and you will have complete access to
all free download resources and information as
a free member.
15. LINKS TO THIRD
PARTY SITES
A. THE LINKS IN THIS AREA
WILL LET YOU LEAVE Paul Endress /
PersuasionOne’S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF Paul Endress /
PersuasionOne AND Paul Endress / PersuasionOne
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Paul Endress / PersuasionOne IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE.
persuasionone, INC. IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF
ANY LINK DOES NOT IMPLY ENDORSEMENT BY Paul
Endress / PersuasionOne OF THE SITE.
B. Paul Endress /
PersuasionOne is a distributor (and not a
publisher) of content supplied by third parties
and Members. Accordingly, Paul Endress /
PersuasionOne has no more editorial control
over such content than does a public library,
bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other
information or content expressed or made
available by third parties, including
information providers, Members or any other
Member of persuasionone.com, are those of the
respective author(s) or distributor(s) and not
of Paul Endress / PersuasionOne and. Neither
Paul Endress / PersuasionOne nor any
third-party provider of information guarantees
the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness
for any particular purpose.
C. In many instances, the
content available through persuasionone.com
represents the opinions and judgments of the
respective information provider, Member, or
other Member not under contract with Paul
Endress / PersuasionOne Paul Endress /
PersuasionOne neither endorses nor is
responsible for the accuracy or reliability of
any opinion, advice or statement made on
persuasionone.com by anyone other than
authorized persuasionone, Inc. employee
spokespersons while acting in their official
capacities. Under no circumstances will Paul
Endress / PersuasionOne be liable for any loss
or damage caused by a Member's reliance on
information obtained through persuasionone.com.
It is the responsibility of Member to evaluate
the accuracy, completeness or usefulness of any
information, opinion, advice or other content
available through Paul Endress /
PersuasionOne Please seek the advice of
professionals, as appropriate, regarding the
evaluation of any specific information,
opinion, advice or other content.
16. UNSOLICITED IDEA
SUBMISSION POLICY
Paul Endress / PersuasionOne
OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR
NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO
NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN Paul Endress
/ PersuasionOne’s PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO Paul Endress /
PersuasionOne
SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO Paul Endress /
PersuasionOne OR ANYONE AT Paul Endress /
PersuasionOne IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
Paul Endress / PersuasionOne MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL
BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
17. PRIVACY
POLICY Paul Endress / PersuasionOne
respects your privacy and permits Members to
control the treatment of personal
information. A complete statement of Paul
Endress / PersuasionOne current Privacy Policy
can be reviewed by clicking on the "Privacy
Policy" hypertext link located or published at
the bottom of our Web pages.
18.
MONITORING
Paul Endress / PersuasionOne
shall have the right, but not the obligation,
to monitor the content of persuasionone.com,
including chat rooms and forums, to determine
compliance with this Agreement and any
operating rules established by persuasionone,
Inc. and to satisfy any law, regulation or
authorized government request. persuasionone,
Inc. shall have the right in its sole
discretion to edit, refuse to post or remove
any material submitted to or posted on
persuasionone.com. Without limiting the
foregoing, Paul Endress / PersuasionOne shall
have the right to remove any material that Paul
Endress / PersuasionOne, in its sole
discretion, finds to be in violation of the
provisions hereof or otherwise
objectionable.
19.
INDEMNIFICATION
Member agrees to defend,
indemnify and hold harmless Paul Endress/
PersuasionOne, its affiliates and their
respective directors, officers, employees and
agents from and against all claims and
expenses, including attorneys' fees, arising
out of the use of Paul Endress / PersuasionOne
by Member or Member's Account.
20.
TERMINATION
Either Paul Endress /
PersuasionOne or Member may terminate this
Agreement at any time. Without limiting the
foregoing, Paul Endress / PersuasionOne shall
have the right to immediately terminate
Member's Account in the event of any conduct by
Member which Paul Endress / PersuasionOne, in
its sole discretion, considers to be
unacceptable, or in the event of any breach by
Member of this Agreement.
21. PAYMENTS
AND REFUND POLICY
A. Members are charged for
Services. If you pay someone other than
us for these Services, then the charges and
billing terms are as stated by the other
company or third-party. Even if you do not pay
for the some of the Services, you may still
incur charges incidental to using the Services;
for example, charges for Internet access,
mobile text messaging, or other data
transmission. The price for the Services
will be assed all applicable taxes and charges
unless stated otherwise. These taxes and
charges are your responsibility. Currency
exchange settlements are based on your
agreement with your payment method
provider. Paul Endress / PersuasionOne
reserves the right to change pricing from time
to time, but it will be posted on the Website
before you incur any billing. If you do
not agree to these changes, then you must
cancel and stop using the Website before the
changes take place.
B. When you create an
account, you enter your payment method.
You must be authorized to use the payment
method. You authorize persuasionone, Inc.
to charge you for the Services using your
payment method and for any paid feature of the
Services for which you choose to sign-up
for. Paul Endress / PersuasionOne may
bill you for more than one of your prior
billing periods together.
C. Paul Endress /
PersuasionOne will provide you with an online
billing statement accessible online through
your Member Account. This is the only
billing statement that Paul Endress /
PersuasionOne provides. If you request a
paper copy, Paul Endress / PersuasionOne may
charge you a retrieval fee. Paul Endress
/ PersuasionOne will only provide paper copies
for the past 120 days. If Paul Endress /
PersuasionOne makes an error on your bill, Paul
Endress / PersuasionOne will correct it
promptly after you tell us and Paul Endress /
PersuasionOne investigates the charge.
You must tell us within 120 days after an error
first appears on your bill. You release
us from all liability and claims of loss
resulting from any error that you do not report
to us within 120 days after the error first
appears on your online statement. If you do not
tell us within this time, Paul Endress /
PersuasionOne will not be required to correct
the error. persuasionone, Inc. can
correct billing errors at any
time.
D. You may cancel your
MaximumAdvantage.com membership at anytime you
desire, however there will be no refunds for
any charges processed within 36 hours of your
cancellation notice. The act of canceling can
be made via email or using the cancellation
form inside the member area, however the act of
canceling does not constitute an automatic
cancellation of your billing. If you cancel
after a payment has been processed, there will
be no refunds for that payment. Cancellation
requests must contain your name, username and
date joined. If any of this information is
missing, the cancellation request may not be
processed and you are liable for all membership
fees until persuasionone.com receives required
information. Membership fees are annual for
Silver membership and lifetime for Gold
membership. Lifetime constitutes the lifetime
of the member or persuasionone.com.
E. persuasionone.com
reserves the right to cancel any member for
reasons that it feels are detrimental to the
site, its members, its partners or the future
success of itself. Cancellations performed by
persuasionone.com are final and any restitution
will be the membership fee paid within the past
30 days based on a prorated basis less a $50.00
processing fee.
22. ENTIRE
AGREEMENT
This Agreement and the
privacy policy, licenses and any operating
rules for persuasionone.com established by Paul
Endress / PersuasionOne constitute the entire
agreement of the parties and supersede all
previous written or oral agreements between the
parties.
23.
ARBITRATION
Each party to this Agreement
expressly agrees that all disputes, claims or
controversies that exist or may come to exist
between them including, without limitation, all
disputes, claims or controversies that exist or
may arise out of, under or in connection with
this Agreement, first to binding arbitration
located in Dauphin County, Pennsylvania,
United States in accordance with the Commercial
Arbitration Procedures of the American
Arbitration Association. The
parties agree that judgment upon the
arbitration award will be final, binding and
conclusive upon each party and may be entered
into any court having jurisdiction. In
the case of action under this Section, the
prevailing party shall be entitled to recover
its costs of the proceeding, including
reasonable attorneys' fees and out of pocket
expenses.
24. CHOICE OF LAW,
VENUE AND FORUM
The TOU, the privacy policy,
licenses and any operating rules for
persuasionone.com shall be construed in
accordance with and governed by the laws of the
United States and the State of Nevada, without
reference to their rules regarding conflicts of
law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal
courts in Dauphin County, Pennsylvania,
United States in all disputes arising out of or
related to the use of the Website or
Services
25.
SEVERABILITY
If, for whatever reason, a
court of competent jurisdiction finds any term
or condition in these Terms of Use to be
unenforceable, all other terms and conditions
will remain unaffected and in full force and
effect.
26.
WAIVER
No waiver of any breach of
any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent,
or subsequent breach of the same or any other
provisions hereof, and no waiver shall be
effective unless made in writing and signed by
an authorized representative of the waiving
party.
27.
HEADINGS
The section headings used
herein are for convenience only and shall not
be given any legal importance.
28.
COPYRIGHT
All contents of Website or
Services are: © 2008 Paul Endress /
PersuasionOne All rights reserved.
29.
TRADEMARKS
Paul Endress / PersuasionOne
its logos are trademarks of Paul
Endress. All other trademarks, names of
actual companies and products appearing on
mentioned herein on the Website are the
property of their respective owners. The
example companies, organizations, products,
domain names, email addresses, logos, people
and events depicted herein are fictitious. No
association with any real company,
organization, product, domain name, email
address, logo, person, or event is intended or
should be inferred.
30. NO
LICENSE
Nothing contained on the
Website should be understood as granting you a
license to use any of the trademarks, service
marks, logos and the like owned by Paul Endress
/ PersuasionOne or by any third party.
31.
NOTICES
Any notices to Paul Endress
/ PersuasionOne shall be given by email
to support @ persuasionone.com and by
certified mail, return receipt requested Paul
Endress / PersuasionOne, 4800 Linglestown
Rd., Suite 201, Harrisburg, PA, 17112,
United States, and as may be otherwise
directed by Paul Endress/ PersuasionOne.
Any notice to Members shall be sent by email to
the email address provided by the Member.
Email notices to a Member shall be deemed
delivered twenty-four (24) hours from the time
the email is sent. Notices to Paul
Endress / PersuasionOne shall be deemed
delivered five (5) calendar days after sent by
certified mail.
32. COPYRIGHT INFRINGEMENT
Paul Endress / PersuasionOne
has in place certain legally mandated
procedures regarding allegations of copyright
infringement occurring on the Website or with
the Services. Paul Endress / PersuasionOne has
adopted a policy that provides for the
immediate suspension and/or termination of any
Website or Services Member who is found to have
infringed on the rights of Paul Endress /
PersuasionOne or of a third party, or otherwise
violated any intellectual property laws or
regulations. Paul Endress / PersuasionOne’s
policy is to investigate any allegations of
copyright infringement brought to its
attention. If you have evidence, know, or have
a good faith belief that your rights or the
rights of a third party have been violated and
you want Paul Endress / PersuasionOne to
delete, edit, or disable the material in
question, you must provide Paul Endress /
PersuasionOne with all of the following
information: (a) a physical or electronic
signature of a person authorized to act on
behalf of the owner of the exclusive right that
is allegedly infringed; (b) identification of
the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works
are covered by a single notification, a
representative list of such works; (c)
identification of the material that is claimed
to be infringed or to be the subject of
infringing activity and that is to be removed
or access to which is to be disabled, and
information reasonably sufficient to permit
Paul Endress / PersuasionOne to locate the
material; (d) information reasonably sufficient
to permit Paul Endress / PersuasionOne to
contact you, such as an address, telephone
number, and if available, an electronic mail
address at which you may be contacted; (e) a
statement that you have a good faith belief
that use of the material in the manner
complained of is not authorized by the
copyright owner, its agent, or the law; and (f)
a statement that the information in the
notification is accurate, and under penalty of
perjury, that you are authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed. For this notification
to be effective, you must provide it to the
Copyright Infringement Unit ,support @
persuasionone.com and by certified mail, return
receipt requested Paul Endress /
PersuasionOne 4800 Linglestown Rd. Suite
201, Harrisburg, PA 17112, United
States.
33.
ACKNOWLEDGEMENT
BY USING THE SERVICES OR
ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF USE AND AGREE TO BE
BOUND BY THEM.
Any rights not expressly
granted herein are reserved.
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