Monroe Publishing, LLC Web
Site Agreement
The TranquilHypnosis.com Web
Site (the "Site") is an online information service provided by Monroe
Publishing, LLC ("TranquilHypnosis.com "), subject to your compliance with
the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. TranquilHypnosis.com MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The owner
of the copyrights and trademarks are TranquilHypnosis.com, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials. You agree to
grant to TranquilHypnosis.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to TranquilHypnosis.com by all means and in any
media now known or hereafter developed. You also grant to
TranquilHypnosis.com the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse against TranquilHypnosis.com for any alleged
or actual infringement or misappropriation of any proprietary right in your
communications to TranquilHypnosis.com.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of TranquilHypnosis.com. Other product and
company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand that, except
for information, products or services clearly identified as being supplied
by TranquilHypnosis.com, TranquilHypnosis.comdoes not operate, control or
endorse any information, products or services on the Internet in any way.
Except for TranquilHypnosis.com- identified information, products or
services, all information, products and services offered through the Site or
on the Internet generally are offered by third parties, that are not
affiliated with TranquilHypnosis.com a. You also understand that
TranquilHypnosis.com cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
TranquilHypnosis.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND TranquilHypnosis.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
TranquilHypnosis.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. TranquilHypnosis.com HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL TranquilHypnosis.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
TranquilHypnosis.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
TranquilHypnosis.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
TranquilHypnosis.com makes
no representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-TranquilHypnosis.com
web site, please understand that it is independent from TranquilHypnosis.com,
and that TranquilHypnosis.com has no control over the content on that web
site. In addition, a link to a TranquilHypnosis.com web site does not mean
that TranquilHypnosis.com endorses or accepts any responsibility for the
content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend
and hold harmless TranquilHypnosis.com, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to
the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2
(Use of the Service), and 3 (Indemnification) are for the benefit of
TranquilHypnosis.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2
(Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in The United
States of America. You agree that any legal action or proceeding between
TranquilHypnosis.com and you for any purpose concerning this Agreement or
the parties' obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United States of
America . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
TranquilHypnosis.com's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
TranquilHypnosis.com may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
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