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Copyright 2013 Applied Conscious Technologies, LLC

Terms of Agreement

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terms_of_agreement

Terms of Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLIED CONSCIOUS TECHNOLOGIES, LLC, STATING THE TERMS THAT GOVERN YOUR INTERACTIONS WITH IT AND YOUR USE OF THIS WEBSITE AND ITS SERVICES AND PRODUCTS. THIS AGREEMENT TOGETHER WITH ALL UPDATES, DISCLAIMERS, AND POLICIES COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND APPLIED CONSCIOUS TECHNOLOGIES, LLC. TO AGREE TO THESE TERMS, CLICK TO CHECK THE BOX AT LEFT INDICATING THAT YOU AGREE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CHECK THE AGREE BOX AND DO NOT USE THE WEBSITE, SERVICES, OR PRODUCTS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND APPLIED CONSCIOUS TECHNOLOGIES, LLC, MAY REFUSE TO DELIVER SERVICES OR MAY DENY WEBSITE ACCESS FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. For the purpose of this Agreement, “AC Technologies” shall refer to Applied Conscious Technologies, LLC, which provides services through this website, and “I” and “User” shall refer to yourself (the website user and, if you are placing an order, orderer and purchaser of services). Headings in this Agreement are for organization only. This agreement governs all interactions and communications between AC Technologies and User, including but not limited to communications that the User accesses in any form and communications directed solely to the User; this website; and all verbal, written, audio, and video communications. This Agreement supersedes and cancels all other previous Agreements, negotiations, commitments, discussions, and writings between you and AC Technologies and its members. This Agreement may not be released, discharged, abandoned, changed, or modified in any manner except by written approval from AC Technologies. The provisions of this Agreement shall be severable and the invalidity or illegality of any provision of this Agreement shall not affect the validity or legality of the remaining provisions hereof. The waiver by either of the parties hereto of any breach of any provisions hereof by the other party shall not be construed to be either a waiver of any succeeding breach of any provisions or a waiver of the provision itself.

WEBSITE TERMS. I acknowledge and agree that all content and services available on this site are property of AC Technologies and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the US and internationally. All rights not expressly granted herein are fully reserved by AC Technologies, its advertisers and licensors. Except as may be explicitly permitted through this site, I agree not to rent, lease, sell, transmit, copy, modify, publish, distribute, reproduce, license, publicly display or perform, or create derivative works from content, materials, code on or from this site, or directly from AC Technologies. It is prohibited to systematically retrieve data or other content from this site to create or compile a compilation, collection, directory, or database without written permission from AC Technologies. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. I agree that I shall not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. I understand that such actions are likely to subject I to serious civil and criminal legal penalties and that AC Technologies shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

USER'S LICENSE GRANT TO SITE. Except with regard to personal information, all information which I post on this site or communicate to AC Technologies through this site (collectively “Submissions”) shall forever be the property of AC Technologies. I agree to the site rules found here as part of this Agreement if provided on the site by AC Technologies. AC Technologies shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future AC Technologies services or products. Without copy, AC Technologies shall have exclusive ownership of all present and future existing rights to any submission of every kind and nature everywhere. I acknowledge that I am fully responsible for my submission, including its legality, reliability, appropriateness, originality and copyright. I hereby represent and warrant that my submission does not infringe on the rights of any third party.

USER CONDUCT. By using features of this site that allow me to post or otherwise transmit information to or through this site, I will not take actions or post content which may be seen by other users that: 1) is unlawful, harassing, abusive, threatening, libelous, defamatory, fraudulent, deceptive, invasive of any individual's privacy, obscene, tortious, sexually explicit, or otherwise in violation of this site's rules or policies; 2) intimidates, victimizes, degrades, or harasses an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 2) infringes any patent, trademark, servicemark, trade secret, copyright, right of publicity, moral right, privacy, or other proprietary right of any party; 3) constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; 4) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, limit, or damage the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information; or 5) impersonates any person or entity. I also agree that I shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of my own or a third party. I further agree that I shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.

This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the site rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content. I agree that my use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that I have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, of its agents, officers, directors, contractors or employees etc. In such event, I agree that the owner of this site may disclose my identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and I agree not to bring any action or claim against the owner of this site for such disclosure.

INTELLECTUAL PROPERTY RIGHTS. The site design, code, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the site does not constitute a waiver of any right in such elements. I do not acquire ownership rights to any such elements viewed through the site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without AC Technologies' prior written permission.

EXPORT. I agree that I shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

TRADEMARKS. “Applied Conscious Technologies” is property of AC Technologies. All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated on this site are the property of their respective owners. The use or misuse of any marks or any other materials contained on this site, without the prior written permission of their owner, is expressly prohibited.

SECURITY. I agree that if I am issued a login account, I shall make every effort to prevent access to this site through my username and password by anyone other than me, including but not limited to, keeping such information strictly confidential, notifying AC Technologies immediately if I find that my login information has been compromised in a way that someone else could gain access to my account, and by using a secure username and password that cannot be guessed by someone else.

ERRORS. While every effort is made to ensure accuracy of information on this site, the site may contain errors. We reserve the right to make corrections and changes to all aspects of this site without notice. (If you notice any content that you believe to contain an error, please notify us via the Contact page on this site.

EXTERNAL LINKS. This site may contain links to third-party sites. I acknowledge that AC Technologies take no responsibility for sites they do not own, and I agree to proceed at my own risk and discretion. These sites are not monitored by or under the control of AC Technologies. I acknowledge that AC Technologies is not responsible for the accuracy, decency, copyright compliance, legality, or any other aspect of the contents or or transmissions through these sites. The inclusion of an external link or frame does not imply any endorsement by AC Technologies, its advertisers or licensors, any association with its operators and is provided solely for my convenience. I agree that AC Technologies and its licensors have no liability whatsoever from such third party sites and my usage of them.

DISCLAIMER AND TERMS OF SERVICE. Information provided by AC Technologies through services offered on this site represents intuitive impressions and is not guaranteed or implied as accurate, nor is a guarantee of any results or particular outcome implied. I am solely responsible for how and whether I interpret and apply content from AC Technologies or its written content and communications, and I am solely responsible for any risks and results of doing so. I assume all responsibility for my decisions, lack of decisions, and decisions-by-default and their results and ramifications and all actions based thereon. By requesting services or using this site, I agree to indemnify AC Technologies and its members and employees, its communications, and those acting on its behalf from all legal claims (libel, defamation, breach of privacy, intellectual property, or otherwise) and from all liabilities and expenses, including any legal expenses. Services are not intended as medical, legal, or other advice, or a replacement for professional treatment or consultation. I acknowledge that I have been advised to consult a medical professional if at any time I am experiencing physical or psychological problems. All information, use of this site, and services are provided “as is” without warranty of any kind. AC Technologies reserves the right to refuse service to anyone for any reason, and the right to refuse to provide certain information (at its discretion). Under no circumstances shall AC Technologies, speakers, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products offered on this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strictly liability, or any other basis, even if AC Technologies, advertisers and/or its licensors have been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, AC Technologies, advertisers and/or its respective licensors' liability in such jurisdictions shall be limited to the maximum extent permitted by law of a company based in California.

INDEMNIFICATION. I and my company agree to defend, indemnify, and hold harmless AC Technologies and its members and employees, its communications, and those acting on its behalf, from and against all third party claims for losses, claims, damages, expenses or liabilities (including attorney fees) and agree to pay any attorneys fees or litigation costs that may be incurred by AC Technologies or its individual members as a result of information, representation, reports or data furnished by me or my company, by use of this site, or any violation of this Agreement. AC Technologies reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by my, in which event I shall cooperate with AC Technologies in asserting any available defenses. No warranties or guarantees of results are expressed or implied.

LEGAL COMPLIANCE. AC Technologies may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations of its agents, officers, directors, contractors or employees etc. In such event, AC Technologies may disclose the user's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and AC Technologies shall not be liable for damages or results thereof and User agrees not to bring any action or claim against AC Technologies for such disclosure.

CHOICE OF LAW AND FORUM. This site (excluding third party linked sites) is controlled by AC Technologies from its offices within the State of California, US. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from California, by accessing this site, both I and AC Technologies agree that the statutes and laws of the California shall apply to any actions or claims arising out of or in relation to this Agreement or my use of this site, without regard to conflicts of laws principles thereof. I and AC Technologies also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. AC Technologies makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. PAYMENT. I agree to pay AC Technologies for all purchases made using my name, as well as for all purchases I make on behalf of my Company's name, through this site according to the rates and pricing specified on this site, or for purchases made directly with AC Technologies or their representatives otherwise according to the rates expressly agreed upon by all parties, and according to the terms specified in this Agreement.

DELIVERY OF EMAIL AND SERVICES. Because services or factors essential to service delivery may be conveyed to me by email, I agree to provide during the ordering process a valid email address where I can receive email and to take all necessary steps to ensure delivery of email to me at that address, such as by modifying my spam filter. I will not hold AC Technologies responsible for situations when I did not receive email, such as non-receipt of an email reply or purchases documentation. It is my sole responsibility to notify AC Technologies of non-receipt of an expected communication, and I shall notify AC Technologies of the situation by phone or email as shown on the Contact page of this site.

STATE OF CALIFORNIA REQUIRED DISCLAIMER. AC Technologies consultants are not licensed physicians. Some services offered through Applied Conscious Technologies, LLC, could be construed as alternative or complementary to healing arts services licensed by the state of California. The services to be provided are not licensed by the state because the state does not require or offer licensing for services of this nature (non-medical consulting services). These services do not constitute treatment for any medical condition. Nancy Wagaman's (the primary subject matter expert's) experience includes degrees in psychology, communications, and biology, as well as professional training in marketing research, business strategy and planning, project management, process management, team development, time management, technical communications, information design, energetic matrices, and energy work. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California.

AUTHORITY AND IDENTITY. I warrant that I have full power and authority to enter into and perform this Agreement. (For Services provided to a Business) I warrant that I have been duly authorized and empowered to enter into this Agreement by my company. I further acknowledge that the appropriately authorized individual(s) have read this Agreement (if I am not that individual), understand this Agreement, and agree to be bound by this Agreement, and that this Agreement shall be binding on their subsidiaries, affiliates, successors, and assigns. Neither I nor the members of AC Technologies shall be considered an agent for the other, nor acting on each other's behalf.

SITE PRIVACY. We have contracted with Yahoo! Search Marketing to monitor certain pages of our website for the purpose of reporting web traffic, statistics, advertisement “click-throughs,” and/or other activities on our website. No personally identifiable data is collected by or transferred to Yahoo! Search Marketing. Where authorized by us, Yahoo! Search Marketing may use cookies, Web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. However, if you choose, you may opt out from Yahoo! Search Marketing's collection of such information outside of the Yahoo! network of websites, by clicking on the following link: http://info.yahoo.com/privacy/us/biz/ysmt. This site may use cookies to collect anonymous traffic data.

MISCELLANEOUS. I warrant that no audio or video recording will be made of any communication between AC Technologies or its members and myself or my company. I warrant that no audio or video recordings, photographs or other images will be taken of, no likenesses created of, and no quotes made of AC Technologies or its members, in any context without the express written consent of AC Technologies and its specific member. This Agreement incorporates by reference the site rules if this site allows posting and posts such rules.

This Agreement constitutes the entire Agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written, or electronic) Agreement between the parties and shall not be changed except by written Agreement signed by a managing member of AC Technologies. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void. AC Technologies reserves the right to revise these provisions at its discretion. I acknowledge that I have been advised to check back from time to time to be ensure that I am complying with the current version.

AC Technologies reserves the right to require different or additional agreements for use of their other sites and for services and products not purchased through this site.

terms_of_agreement.txt · Last modified: 2015/05/31 21:20 (external edit)