| Terms
of Service
THIS WEBSITE REQUIRES
CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE
TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY
POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE
GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS
TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE
PRIVACY POLICY.
BY VIEWING, VISITING, USING,
OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR
ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS
OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF
18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18
YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH
THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE
CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE
RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON.
UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION
FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND
INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT
MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE
DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE,
TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE
TERMS OF USE AGREEMENT
Visitors, viewers, users,
subscribers, members, affiliates, or customers, collectively referred
to herein as "Visitors," are parties to this agreement. The
website and its owners and/or operators are parties to this agreement,
herein referred to as "Website."
USE OF
INFORMATION FROM THIS WEBSITE
Unless you have entered into
an express written contract with this website to the contrary,
visitors, viewers, subscribers, members, affiliates, or customers have
no right to use this information in a commercial or public setting;
they have no right to broadcast it, copy it, save it, print it, sell
it, or publish any portions of the content of this website.
By viewing the contents of this website you agree this condition of
viewing and you acknowledge that any unauthorized use is unlawful and
may subject you to civil or criminal penalties. Again,
Visitor has no rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked pages,
underlying code, or other intellectual property the site may contain,
for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000 in
addition to costs and actual damages for breach of this
provision. Visitor warrants that he or she understands that
accepting this provision is a condition of viewing and that viewing
constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE,
SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents
are owned or licensed by the website. Material contained on
the website must be presumed to be proprietary and
copyrighted. Visitors have no rights whatsoever in the site
content. Use of website content for any reason is unlawful
unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING,
"FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized
by website, no one may hyperlink this site, or portions thereof,
(including, but not limited to, logotypes, trademarks, branding or
copyrighted material) to theirs for any reason. Further, you
are not allowed to reference the url (website address) of this website
in any commercial or non-commercial media without express permission,
nor are you allowed to 'frame' the site. You specifically
agree to cooperate with the Website to remove or de-activate any such
activities and be liable for all damages. You hereby agree to
liquidated damages of US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any
responsibility for the accuracy of the content of this website.
Visitors assume the all risk of viewing, reading, using, or relying
upon this information. Unless you have otherwise formed an
express contract to the contrary with the website, you have no right to
rely on any information contained herein as accurate. The
website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR
COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS
CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER
CORRUPTING FACTORS.
The website assumes no
responsibility for damage to computers or software of the visitor or
any person the visitor subsequently communicates with from corrupting
code or data that is inadvertently passed to the visitor's
computer. Again, visitor views and interacts with this site,
or banners or pop-ups or advertising displayed thereon, at his own
risk.
DISCLAIMER FOR HARM CAUSED BY
DOWNLOADS
Visitor downloads information
from this site at this own risk. Website makes no warranty
that downloads are free of corrupting computer codes, including, but
not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or
interacting in any manner with this site, including banners,
advertising, or pop-ups, downloads, and as a condition of the website
to allow his lawful viewing, Visitor forever waives all right to claims
of damage of any and all description based on any causal factor
resulting in any possible harm, no matter how heinous or extensive,
whether physical or emotional, foreseeable or unforeseeable, whether
personal or business in nature.
GUARANTEE
AND WARRANTY
This product is sold 'as is'
without warranty or guarantee of any kind, either express or implied,
including no warranty as to merchantability or fitness for a particular
purpose. The Seller warrants and guarantees absolutely
nothing. There is no 'warranty period'.
However, in the event that
the Buyer claims that the product is defective within 30 days, seller
will refund the full purchase price (minus shipping &
handling) upon receipt of said product, no questions asked.
The Buyer may also return any
materials purchased through this site within 30 days and, if they are
in brand new, resale-able condition (i.e. shrinkwrap still intact and
all written materials looking brand new), the Buyer may return the
items to the Seller for a full refund of the purchase price (minus
shipping) if the items are postmarked within 30 days of the purchase
date. If any of these conditions are not met (i.e. items are
postmarked after 30 days of the purchase date, or if the Seller deems
any of the items to not be in brand new, resale-able condition) the
Seller may refuse the package and/or not issue a full refund of the
purchase price.
If the Buyer is purchasing a
membership in this site, he/she may have a free trial
period. If the Buyer does not cancel before the free
trial ends, the Buyer will be charged a monthly subscription rate as
quoted in the membership's publicity materials. The
Buyer may cancel his membership at any time by contacting Anthony St.
Augustine
If the Buyer is purchasing,
through this site, a product, including membership, that is to be
provided by a third party, the Buyer must look to the third party for
additional warranties or guarantees, and understands that the
warranties available through this site, if any are offered or
construed, are extremely limited, restrictive, and short.
INDEMNIFICATION
Visitor agrees that in the
event he causes damage, which the Website is required to pay for, the
Visitor, as a condition of viewing, promises to reimburse the Website
for all.
SUBMISSIONS
Visitor agrees as a condition
of viewing, that any communication between Visitor and Website is
deemed a submission. All submissions, including portions
thereof, graphics contained thereon, or any of the content of the
submission, shall become the exclusive property of the Website and may
be used, without further permission, for commercial use without
additional consideration of any kind. Visitor agrees to only
communicate that information to the Website, which it wishes to forever
allow the Website to use in any manner as it sees fit.
"Submissions" is also a provision of the Privacy Policy.
NOTICE
No additional notice of any
kind for any reason is due Visitor and Visitor expressly warrants an
understanding that the right to notice is waived as a condition for
permission to view or interact with the website.
DISPUTES
As part of the consideration
that the Website requires for viewing, using or interacting with this
website, Visitor agrees to use binding arbitration for any claim,
dispute, or controversy ("CLAIM") of any kind (whether in contract,
tort or otherwise) arising out of or relating to this purchase, this
product, including solicitation issues, privacy issues, and terms of
use issues.
Arbitration shall be
conducted pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the
International Centre for Dispute Resolution (ICDR).
Information about the International Centre for Dispute Resolution
(ICDR). Hearing will take place in the city or county of the
Seller.
In no case shall the viewer,
visitor, member, subscriber or customer have the right to go to court
or have a jury trial. Viewer, visitor, member, subscriber or
customer will not have the right to engage in pre-trial discovery
except as provided in the rules; you will not have the right to
participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's
decision will be final and binding with limited rights of appeal.
The prevailing party shall be
reimbursed by the other party for any and all costs associated with the
dispute arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this
purchase shall be brought before a court of law, pre- or
post-arbitration, Viewer, visitor, member, subscriber or customer
agrees to that the sole and proper jurisdiction to be the state and
city declared in the contact information of the web owner unless
otherwise here specified. Toronto, Ontario. In the event that
litigation is in a federal court, the proper court shall be the closest
federal court to the Seller's address.
APPLICABLE LAW
Viewer, visitor, member,
subscriber or customer agrees that the applicable law to be applied
shall, in all cases, be that of the state of the Seller.
CONTACT INFORMATION
If there are any questions
regarding these policies you may contact Anthony St. Augustine @
anthony@social-dynamix.com
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