Website Terms
of Use
1. ACCEPTANCE OF TERMS
The services that Natural Awakenings Publishing Corporation provides to Users
are subject to the following Terms of Use ("TOU"). Natural Awakenings
Publishing Corporation reserves the right to update the TOU at any time without
notice to User. The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the bottom of our Web
pages.
A. This
Agreement, which incorporates by reference other provisions applicable to use
of Natural Awakenings Publishing Corporation, including, but not limited to,
supplemental terms and conditions set forth hereof ("Supplemental
Terms") governing the use of certain specific material contained in Natural
Awakenings Publishing Corporation, sets forth the terms and conditions that
apply to use of Natural Awakenings Publishing Corporation by User. By using Natural
Awakenings Publishing Corporation (other than to read this Agreement for the
first time), User agrees to comply with all of the terms and conditions hereof.
The right to use Natural Awakenings Publishing Corporation is personal to User
and is not transferable to any other person or entity. User is responsible for
all use of User's Account (under any screen name or password) and for ensuring
that all use of User's Account complies fully with the provisions of this
Agreement. User shall be responsible for protecting the confidentiality of
User's password(s), if any.
B. Natural
Awakenings Publishing Corporation shall have the right at any time to change or
discontinue any aspect or feature of Natural Awakenings Publishing Corporation,
including, but not limited to, content, hours of availability, and equipment
needed for access or use.
2. CHANGED TERMS
Natural Awakenings Publishing Corporation shall have the right at any time to
change or modify the terms and conditions applicable to User's use of Natural
Awakenings Publishing Corporation, 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 Natural Awakenings Publishing Corporation, or by
electronic or conventional mail, or by any other means by which User obtains
notice thereof. Any use of Natural Awakenings Publishing Corporation by User
after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web
property, Natural Awakenings Publishing Corporation provides User with access
to a variety of resources, including download areas, 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.
4. EQUIPMENT
User
shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of Natural
Awakenings Publishing Corporation and all charges related thereto.
5. USER CONDUCT
A. User
shall use Natural Awakenings Publishing Corporation for lawful purposes only.
User shall not post or transmit through Natural Awakenings Publishing Corporation
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 Natural Awakenings Publishing Corporation
's express prior approval, contains advertising or any solicitation with respect
to products or services. Any conduct by a User that in Natural Awakenings
Publishing Corporation 's discretion restricts or inhibits any other User from
using or enjoying Natural Awakenings Publishing Corporation will not be
permitted. User shall not use Natural Awakenings Publishing Corporation to
advertise or perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other on-line
information services competitive with Natural Awakenings Publishing Corporation.
B. Natural
Awakenings Publishing Corporation 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 Natural
Awakenings Publishing Corporation are copyrighted as a collective work under
the United States copyright laws. Natural Awakenings Publishing Corporation owns
a copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. User 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. User may download
copyrighted material for User'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 Natural Awakenings
Publishing Corporation 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. User
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
C. User
shall not upload, post or otherwise make available on Natural Awakenings
Publishing Corporation 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 User. User 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 Natural Awakenings Publishing
Corporation, User automatically grants, or warrants that the owner of such
material has expressly granted Natural Awakenings Publishing Corporation 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. User also permits any other User
to access, view, store or reproduce the material for that User's personal use.
User hereby grants Natural Awakenings Publishing Corporation the right to edit,
copy, publish and distribute any material made available on Natural Awakenings
Publishing Corporation by User.
D. The
foregoing provisions of Section 5 are for the benefit of Natural Awakenings
Publishing Corporation, 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
The Services may
contain email services, bulletin board 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 User to
communicate with others (each a "Communication Service" and
collectively "Communication Services"). User 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, User agrees that when
using the Communication Services, User 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
disseminate any inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
- Upload, or otherwise make available,
files 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 User own or control the rights thereto or have received all necessary
consent to do the same.
- Use any material or information, including
images or 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
user of a Communication Service that User 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 user from using and enjoying the 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 identity 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 users
of the Services or other user or usage information or any portion thereof.
Natural Awakenings
Publishing Corporation has no obligation to monitor the Communication Services.
However, Natural Awakenings Publishing Corporation reserves the right to review
materials posted to the Communication Services and to remove any materials in
its sole discretion. Natural Awakenings Publishing Corporation reserves the
right to terminate User's access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever. Natural Awakenings
Publishing Corporation 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 Natural Awakenings
Publishing Corporation's sole discretion.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; User is
responsible for adhering to such limitations if User downloads the materials.
Always use caution
when giving out any personally identifiable information in any Communication
Services. Natural Awakenings Publishing Corporation does not control or endorse
the content, messages or information found in any Communication Services and,
therefore, Natural Awakenings Publishing Corporation specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from User's participation in any Communication Services. Managers and hosts are
not authorized Natural Awakenings Publishing Corporation spokespersons, and
their views do not necessarily reflect those of Natural Awakenings Publishing
Corporation.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the
Services requires User to open an account, User must complete the registration
process by providing Natural Awakenings Publishing Corporation with current,
complete and accurate information as prompted by the applicable registration
form. User also will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of User's password and account.
Furthermore, User is entirely responsible for any and all activities that occur
under User's account. User agrees to notify Natural Awakenings Publishing Corporation
immediately of any unauthorized use of User's account or any other breach of
security. Natural Awakenings Publishing Corporation will not be liable for any
loss that User may incur as a result of someone else using User's password or
account, either with or without User's knowledge. However, User could be held
liable for losses incurred by Natural Awakenings Publishing Corporation or
another party due to someone else using User's account or password. User 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
Any software that is
made available to download from the Services ("Software") is the
copyrighted work of Natural Awakenings Publishing Corporation and/or its
suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The Software is made
available for download solely for use by end users according to the 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. Violators will be prosecuted to the
maximum extent possible.
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, NATURAL AWAKENINGS PUBLISHING CORPORATION 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.
FOR YOUR CONVENIENCE,
NATURAL AWAKENINGS PUBLISHING CORPORATION MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
NATURAL AWAKENINGS PUBLISHING CORPORATION 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
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.
NATURAL AWAKENINGS
PUBLISHING CORPORATION AND/OR ITS 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. NATURAL AWAKENINGS PUBLISHING CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD 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 NATURAL AWAKENINGS PUBLISHING CORPORATION 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.
THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. NATURAL AWAKENINGS PUBLISHING CORPORATION 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 NATURAL
AWAKENINGS PUBLISHING CORPORATION 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 SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO NATURAL AWAKENINGS PUBLISHING CORPORATION OR
POSTED AT ANY OF ITS WEBSITES
Natural Awakenings
Publishing Corporation does not claim ownership of the materials User provide
to Natural Awakenings Publishing Corporation (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") User's Submission User is granting Natural Awakenings
Publishing Corporation, its affiliated companies and necessary sublicensee's
permission to use User's Submission in connection with the operation of their
Internet businesses (including, without limitation, all Natural Awakenings
Publishing Corporation Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User's Submission; to publish User's
name in connection with User'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 User's Submission, as provided herein. Natural
Awakenings Publishing Corporation is under no obligation to post or use any
Submission User may provide and Natural Awakenings Publishing Corporation may
remove any Submission at any time in its sole discretion. By Posting a
Submission User warrants and represents to own or otherwise control all of the
rights to User's Submission as described in these Terms of Use including,
without limitation, all the rights necessary for User to provide, post, upload,
input or submit the Submissions.
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"), User warrant and represent that (a) User is
the copyright owner of such Images, or that the copyright owner of such Images
has granted User permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of User's use
and as otherwise permitted by these Terms of Use and the Services, (b) User
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 Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, User is
granting (a) to all members of User'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 User'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 User's Images without having
User'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 User 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 User completely remove
such Images. No compensation will be paid with respect to the use of User's
Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER
EXPRESSLY AGREES THAT USE OF NATURAL AWAKENINGS PUBLISHING CORPORATION IS AT
USER'S SOLE RISK. NEITHER Natural Awakenings Publishing Corporation, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT NATURAL AWAKENINGS PUBLISHING CORPORATION WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF NATURAL AWAKENINGS PUBLISHING CORPORATION, OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH NATURAL AWAKENINGS PUBLISHING CORPORATION .
B. NATURAL
AWAKENINGS PUBLISHING CORPORATION 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
DISCLAIMER OF LIABILITY 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. USER SPECIFICALLY ACKNOWLEDGES THAT NATURAL AWAKENINGS PUBLISHING
CORPORATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH USER.
D. IN NO
EVENT WILL NATURAL AWAKENING PUBLISHING CORPORATION, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NATURAL AWAKENINGS PUBLISHING CORPORATION
OR THE NATURAL AWAKENINGS PUBLISHING CORPORATION 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
NATURAL AWAKENING PUBLISHING CORPORATION. USER 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, NATURAL AWAKENING PUBLISHING CORPORATION,
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 NATURAL AWAKENING PUBLISHING CORPORATION, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, 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, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. NATURAL
AWAKENING PUBLISHING CORPORATION, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, NATURAL AWAKENING PUBLISHING CORPORATION,
NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE 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) 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.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS
AREA WILL LET YOU LEAVE NATURAL AWAKENING PUBLISHING CORPORATION'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF NATURAL AWAKENINGS PUBLISHING CORPORATION
AND NATURAL AWAKENINGS PUBLISHING CORPORATION 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. NATURAL AWAKENINGS PUBLISHING CORPORATION IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. NATURAL AWAKENINGS PUBLISHING CORPORATION IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY NATURAL AWAKENINGS PUBLISHING CORPORATION OF THE SITE.
In many
instances, the content available through Natural Awakenings Publishing Corporation
represents the opinions and judgments of the respective information provider,
User, or other user not under contract with Natural Awakenings Publishing
Corporation. Natural Awakenings Publishing Corporation neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on Natural Awakenings Publishing Corporation by anyone other than
authorized Natural Awakenings Publishing Corporation employee spokespersons
while acting in their official capacities. Under no circumstances will Natural
Awakenings Publishing Corporation be liable for any loss or damage caused by a
User's reliance on information obtained through Natural Awakenings Publishing
Corporation. It is the responsibility of User to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content
available through Natural Awakenings Publishing Corporation. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
NATURAL AWAKENINGS
PUBLISHING CORPORATION 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 NATURAL AWAKENING PUBLISHING CORPORATION'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO NATURAL
AWAKENING PUBLISHING CORPORATION. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS
TO NATURAL AWAKENINGS PUBLISHING CORPORATION OR ANYONE AT NATURAL AWAKENING
PUBLISHING CORPORATION. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT NATURAL AWAKENINGS
PUBLISHING CORPORATION MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL
BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
Natural
Awakenings Publishing Corporation shall have the right, but not the obligation,
to monitor the content of Natural Awakenings Publishing Corporation, including
chat rooms and forums, to determine compliance with this Agreement and any
operating rules established by Natural Awakenings Publishing Corporation and to
satisfy any law, regulation or authorized government request. Natural
Awakenings Publishing Corporation shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or posted on Natural
Awakenings Publishing Corporation. Without limiting the foregoing, Natural
Awakenings Publishing Corporation shall have the right to remove any material
that Natural Awakenings Publishing Corporation, in its sole discretion, finds
to be in violation of the provisions hereof or otherwise objectionable.
16. INDEMNIFICATION
User
agrees to defend, indemnify and hold harmless Natural Awakenings Publishing
Corporation, 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 Natural Awakenings Publishing Corporation by User or
User's Account.
17. TERMINATION
Either Natural
Awakenings Publishing Corporation or User may terminate this Agreement at any
time. Without limiting the foregoing, Natural Awakenings Publishing Corporation
shall have the right to immediately terminate User's Account in the event of
any conduct by User which Natural Awakenings Publishing Corporation, in its
sole discretion, considers to be unacceptable, or in the event of any breach by
User of this Agreement.
MISCELLANEOUS
This Agreement and any operating rules for Natural Awakenings Publishing Corporation
established by Natural Awakenings Publishing Corporation constitutes the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the
California, United States, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
18. COPYRIGHT NOTICE
Natural
Awakenings Publishing Corporation its logos are trademarks of Natural
Awakenings Publishing Corporation All rights reserved. All other trademarks appearing on Natural
Awakenings Publishing Corporation are the property of their respective owners.
19. TRADEMARKS
The names of actual
companies and products mentioned herein may be the trademarks 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 Corporation, organization, product,
domain name, email address, logo, person, or event is intended or should be
inferred.
Any rights not
expressly granted herein are reserved.
20. GENERAL
We may change this policy from time to time, and we will post the amended
terms on the Natural Awakenings Publishing Corporation website in the Terms of
Use section. All amended terms will take effect immediately for new users, and
30 days after they are posted for existing users.
If you have any questions about
the terms of use or the practices of the Natural Awakenings Publishing Corporation
website, you may e-mail our privacy department or contact:
Natural Awakenings Publishing
Corporation
4933Tamiami Trail N, Suite 200
Naples, FL 34103
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