1. User's
Acknowledgment and Acceptance of Terms
Near-Death Experiences
and the Afterlife
("Us" or "We") provides the
near-death.com
site and various related services (collectively,
the "site") to you, the user, subject to your
compliance with all the terms, conditions, and
notices contained or referenced herein (the
"Terms of Use"), as well as any other written
agreement between us and you. In addition, when
using particular services or materials on this
site, users shall be subject to any posted rules
applicable to such services or materials that
may contain terms and conditions in addition
to those in these Terms of Use. All such guidelines
or rules are hereby incorporated by reference
into these Terms of Use.
By using this site,
you agree to be bound by these Terms of Use.
If you do not wish to be bound by these Terms
of Use, please exit the site now. Your remedy
for dissatisfaction with this site, or any products,
services, content, or other information available
on or through this site, is to stop using the
site and/or those particular products or services.
Your agreement with us regarding compliance
with these Terms of Use becomes effective immediately
upon commencement of your use of this site.
These Terms of Use are
effective as of 12-1998. We expressly reserve
the right to change these Terms of Use from
time to time without notice to you. You acknowledge
and agree that it is your responsibility to
review this site and these Terms of Use from
time to time and to familiarize yourself with
any modifications. Your continued use of this
site after such modifications will constitute
acknowledgement of the modified Terms of Use
and agreement to abide and be bound by the modified
Terms of Use.
As used in these Terms
of Use, references to our "Affiliates" include
our owners, subsidiaries, affiliated companies,
officers, directors, suppliers, partners, sponsors,
and advertisers, and includes (without limitation)
all parties involved in creating, producing,
and/or delivering this site and/or its contents.
2.
Description of Services
We make various services
available on this site including, but not limited
to,
Amazon.com
affiliate product data, information about authors
and celebrities,, and other like services. You
are responsible for providing, at your own expense,
all equipment necessary to use the services,
including a computer, modem, and Internet access
(including payment of all fees associated with
such access).
We reserve the sole
right to either modify or discontinue the site,
including any of the site’s features, at any
time with or without notice to you. We will
not be liable to you or any third-party should
we exercise such right. Any new features that
augment or enhance the then-current services
on this site shall also be subject to these
Terms of Use.
3.
Registration Data and Privacy
In order to access some
of the services on this site, you will required
to use an account and password that can be obtained
by completing our online registration form,
which requests certain information and data
("Registration Data"), and maintaining and updating
your Registration Data as required. By registering,
you agree that all information provided in the
Registration Data is true and accurate and that
you will maintain and update this information
as required in order to keep it current, complete,
and accurate.
You also grant us
the right to disclose to third-parties certain
Registration Data about you. The information
we obtain through your use of this site, including
your Registration Data, is subject to our
Privacy Policy,
which is specifically incorporated by reference
into these Terms of Use.
4.
Conduct on Site
Your use of the site
is subject to all applicable laws and regulations,
and you are solely responsible for the substance
of your communications through the site. By
posting information in or otherwise using any
communications service, chat room, message board,
newsgroup, software library, or other interactive
service that may be available to you on or through
this site, you agree that you will not upload,
share, post, or otherwise distribute or facilitate
distribution of any content -- including text,
communications, software, images, sounds, data,
or other information -- that:
(a)
is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, contains
explicit or graphic descriptions or accounts
of sexual acts (including but not limited to
sexual language of a violent or threatening
nature directed at another individual or group
of individuals), or otherwise violates our rules
or policies;
(b)
victimizes,
harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity,
age, or disability;
(c)
infringes
on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right
of any party;
(d)
constitutes
unauthorized or unsolicited advertising, junk
or bulk email (also known as "spamming"), chain
letters, any other form of unauthorized solicitation,
or any form of lottery or gambling;
(e)
contains
software viruses or any other computer code,
files, or programs that are designed or intended
to disrupt, damage, or limit the functioning
of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized
access to any data or other information of any
third-party; or
(f )
impersonates any person or entity, including
any of our employees or representatives.
We neither endorse nor
assume any liability for the contents of any
material uploaded or submitted by third-party
users of the site. We generally do not pre-screen,
monitor, or edit the content posted by users
of communications services, chat rooms, message
boards, newsgroups, software libraries, or other
interactive services that may be available on
or through this site. However, we and our agents
have the right at their sole discretion to remove
any content that, in our judgment, does not
comply with these Terms of Use and any other
rules of user conduct for our site, or is otherwise
harmful, objectionable, or inaccurate. We are
not responsible for any failure or delay in
removing such content. You hereby consent to
such removal and waive any claim against us
arising out of such removal of content. See
"Use of Your Materials" below for a description
of the procedures to be followed in the event
that any party believes that content posted
on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity,
or other proprietary right of any party.
In addition, you may
not use your account to breach security of another
account or attempt to gain unauthorized access
to another network or server. Not all areas
of the site may be available to you or other
authorized users of the site. You shall not
interfere with anyone else’s use and enjoyment
of the site or other similar services. Users
who violate systems or network security may
incur criminal or civil liability.
You agree that we may
at any time, and at our sole discretion, terminate
your membership, account, or other affiliation
with our site without prior notice to you for
violating any of the above provisions. In addition,
you acknowledge that we will cooperate fully
with investigations of violations of systems
or network security at other sites, including
cooperating with law enforcement authorities
in investigating suspected criminal violations.
5.
Third-Party Sites and Information
This site may link you
to other sites on the Internet or otherwise
include references to information, documents,
software, materials and/or services provided
by other parties. These sites may contain information
or material that some people may find inappropriate
or offensive. These other sites and parties
are not under our control, and you acknowledge
that we are not responsible for the accuracy,
copyright compliance, legality, decency, or
any other aspect of the content of such sites,
nor are we responsible for errors or omissions
in any references to other parties or their
products and services. The inclusion of such
a link or reference is provided merely as a
convenience and does not imply endorsement of,
or association with, the site or party by us,
or any warranty of any kind, either expressed
or implied.
6.
Intellectual Property Information
Copyright (c) 2013
Near-Death Experiences
and the Afterlife
All Rights Reserved.
For purposes of these
Terms of Use, "content" is defined as any information,
data, communications, software, photos, video,
graphics, music, sounds, and other material
and services that can be viewed by users on
our site. This includes message boards, chat,
and other original content.
By accepting these
Terms of Use, you acknowledge and agree that
all content presented to you on this site is
protected by copyrights, trademarks, service
marks, patents or other proprietary rights and
laws, and is the sole property of
Near-Death Experiences
and the Afterlife
and/or its Affiliates. You are only permitted
to use the content as expressly authorized by
us or the specific content provider. Except
for a single copy made for personal use only,
you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents
or information from this site in any form or
by any means without prior written permission
from us or the specific content provider, and
you are solely responsible for obtaining permission
before reusing any copyrighted material that
is available on this site. Any unauthorized
use of the materials appearing on this site
may violate copyright, trademark and other applicable
laws and could result in criminal or civil penalties.
Neither we or our Affiliates
warrant or represent that your use of materials
displayed on, or obtained through, this site
will not infringe the rights of third-parties.
See "User’s Materials" below for a description
of the procedures to be followed in the event
that any party believes that content posted
on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity,
or other proprietary right of any party.
The following are
registered trademarks, trademarks or service
marks of
Near-Death Experiences
and the Afterlife
or its Affiliates:
near-death.com.
All custom graphics, icons, logos and service
names are registered trademarks, trademarks
or service marks of
Near-Death Experiences
and the Afterlife
or its Affiliates. All other trademarks or service
marks are property of their respective owners.
Nothing in these Terms of Use grants you any
right to use any trademark, service mark, logo,
and/or the name of
Near-Death Experiences
and the Afterlife
or its Affiliates.
7.
Unauthorized Use of Materials
Subject to our
Privacy Policy,
any communication or material that you transmit
to this site or to us, whether by electronic
mail, post, or other means, for any reason,
will be treated as non-confidential and non-proprietary.
While you retain all rights in such communications
or material, you grant us and our agents and
affiliates a non-exclusive, paid-up, perpetual,
and worldwide right to copy, distribute, display,
perform, publish, translate, adapt, modify,
and otherwise use such material for any purpose
regardless of the form or medium (now known
or not currently known) in which it is used.
Please do not submit
confidential or proprietary information to us
unless we have mutually agreed in writing otherwise.
We are also unable to accept your unsolicited
ideas or proposals, so please do not submit
them to us in any circumstance.
We respect the intellectual
property of others, and we ask you to do the
same. If you or any user of this site believes
its copyright, trademark or other property rights
have been infringed by a posting on this site,
you or the user should send notification to
our Designated Agent (as identified below) immediately.
To be effective, the notification must include:
(a)
Identify in sufficient detail the copyrighted
work that you believe has been infringed upon
or other information sufficient to specify the
copyrighted work being infringed).
(b)
Identify the material that you claim is infringing
the copyrighted work listed in item #1 above.
(c)
Provide
information reasonably sufficient to permit
us to contact you (email address is preferred).
(d) Provide
information, if possible, sufficient to permit
us to notify the owner/administrator of the
allegedly infringing webpage or other content
(email address is preferred).
(e)
Include
the following statement: "I have a good faith
belief that use of the copyrighted materials
described above as allegedly infringing is not
authorized by the copyright owner, its agent,
or the law."
(f )
Include the following statement: "I swear, under
penalty of perjury, that the information in
the notification is accurate and that I am the
copyright owner or am authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed."
(g)
Sign the
paper.
(h)
Send the
written communication to the following address:
Designated Agent for
Claimed Infringement:
Contact: Kevin Williams
Address:
8313 Fair Oaks Blvd,
Carmichael,
CA
95608
Phone: (916) 993-6097
You acknowledge and
agree that upon receipt of a notice of a claim
of copyright infringement, we may immediately
remove the identified materials from our site
without liability to you or any other party
and that the claims of the complaining party
and the party that originally posted the materials
will be referred to the United States Copyright
Office for adjudication as provided in the Digital
Millennium Copyright Act.
8.
Disclaimer of Warranties
All materials and services
on this site are provided on an "as is" and
"as available" basis without warranty of any
kind, either express or implied, including,
but not limited to, the implied warranties of
merchantability or fitness for a particular
purpose, or the warranty of non-infringement.
Without limiting the foregoing, we make no warranty
that:
(a)
the services and materials will meet your requirements,
(b)
the services and materials will be uninterrupted,
timely, secure, or error-free,
(c)
the results that may be obtained from the use
of the services or materials will be effective,
accurate or reliable, or
(d)
the quality of any products, services, or information
purchased or obtained by you from the site from
us or our affiliates will meet your expectations
or be free from mistakes, errors or defects.
This site could include
technical or other mistakes, inaccuracies or
typographical errors. We may make changes to
the materials and services at this site, including
the prices and descriptions of any products
listed herein, at any time without notice. The
materials or services at this site may be out
of date, and we make no commitment to update
such materials or services.
The use of the services
or the downloading or other acquisition of any
materials through this site is done at your
own discretion and risk and with your agreement
that you will be solely responsible for any
damage to your computer system or loss of data
that results from such activities.
Through your use of
the site, you may have the opportunities to
engage in commercial transactions with other
users and vendors. You acknowledge that all
transactions relating to any merchandise or
services offered by any party, including, but
not limited to the purchase terms, payment terms,
warranties, guarantees, maintenance and delivery
terms relating to such transactions, are agreed
to solely between the seller or purchaser of
such merchandize and services and you. We make
no warranty regarding any transactions executed
through, or in connection with this site, and
you understand and agree that such transactions
are conducted entirely at your own risk. Any
warranty that is provided in connection with
any products, services, materials, or information
available on or through this site from a third-party
is provided solely by such third-party, and
not by us or any other of our affiliates.
Content available
through this site often represents the opinions
and judgments of an information provider, site
user, or other person or entity not connected
with us. We do not endorse, nor are we responsible
for the accuracy or reliability of, any opinion,
advice, or statement made by anyone other than
an authorized
Near-Death Experiences
and the Afterlife
spokesperson speaking in his/her official capacity.
Please refer to the specific editorial policies
posted on various sections of this site for
further information, which policies are incorporated
by reference into these Terms of Use.
You understand and agree
that temporary interruptions of the services
available through this site may occur as normal
events. You further understand and agree that
we have no control over third-party networks
you may access in the course of the use of this
site, and therefore, delays and disruption of
other network transmissions are completely beyond
our control.
You understand and agree
that the services available on this site are
provided "AS IS" and that we assume no responsibility
for the timeliness, deletion, mis-delivery or
failure to store any user communications or
personalization settings.
Some states or jurisdictions
do not allow the exclusion of certain warranties,
so some of the above limitations may not apply
to you.
9.
Limitation of Liability
In no event shall we
or our affiliates be liable to you or any third-party
for any special, punitive, incidental, indirect
or consequential damages of any kind, or any
damages whatsoever, including, without limitation,
those resulting from loss of use, data or profits,
whether or not we have been advised of the possibility
of such damages, and on any theory of liability,
arising out of or in connection with the use
of this site or of any web site referenced or
linked to from this site.
Further, we shall not
be liable in any way for third-party goods and
services offered through this site or for assistance
in conducting commercial transactions through
this site, including without limitation the
processing of orders.
Some jurisdictions prohibit
the exclusion or limitation of liability for
consequential or incidental damages, so the
above limitations may not apply to you.
10.
Indemnification
Upon a request by us,
you agree to defend, indemnify, and hold us
and our Affiliates harmless from all liabilities,
claims, and expenses, including attorney’s fees,
that arise from your use or misuse of this site.
We reserve the right, at our own expense, to
assume the exclusive defense and control of
any matter otherwise subject to indemnification
by you, in which event you will cooperate with
us in asserting any available defenses.
11.
Security and Password
You are solely responsible
for maintaining the confidentiality of your
password and account and for any and all statements
made and acts or omissions that occur through
the use of your password and account. Therefore,
you must take steps to ensure that others do
not gain access to your password and account.
Our personnel will never ask you for your password.
You may not transfer or share your account with
anyone, and we reserve the right to immediately
terminate your account if you do transfer or
share your account.
12.
Participation in Promotions
From time to time, this
site may include advertisements offered by third-parties.
You may enter into correspondence with or participate
in promotions of the advertisers showing their
products on this site. Any such correspondence
or promotions, including the delivery of and
the payment for goods and services, and any
other terms, conditions, warranties or representations
associated with such correspondence or promotions,
are solely between you and the advertiser. We
assume no liability, obligation or responsibility
for any part of any such correspondence or promotion.
13.
E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging,
blogging, or chat services (collectively, "Communications")
available to users of our site, either directly
or through a third-party provider. We make available
separate supplemental agreements characterizing
the relationship between you and us that, except
where expressly noted or contradictory, includes
these Terms.
We will not inspect
or disclose the contents of private Communications
except with the consent of the sender or the
recipient, or in the narrowly-defined situations
provided under the Electronic Communications
Privacy Act, or as other required by law or
by court or governmental order. Further information
is available in our
Privacy Policy.
We may employ automated
monitoring devices or techniques to protect
our users from mass unsolicited communications
(also known as "spam") and/or other types of
electronic communications that we deem inconsistent
with our business purposes. However, such devices
or techniques are not perfect, and we will not
be responsible for any legitimate communication
that is blocked, or for any unsolicited communication
that is not blocked.
Mailboxes may have a
limited storage capacity. If you exceed the
maximum permitted storage space, we may employ
automated devices that delete or block email
messages that exceed the limit. We will not
be responsible for such deleted or blocked messages.
14.
International Use
Although this site
may be accessible worldwide, we make no representation
that materials on this site are appropriate
or available for use in locations outside the
United States,
and accessing them from territories where their
contents are illegal is prohibited. Those who
choose to access this site from other locations
do so on their own initiative and are responsible
for compliance with local laws. Any offer for
any product, service, and/or information made
in connection with this site is void where prohibited.
15.
Termination of Use
You agree that we may,
in our sole discretion, terminate or suspend
your access to all or part of the site with
or without notice and for any reason, including,
without limitation, breach of these Terms of
Use. Any suspected fraudulent, abusive or illegal
activity may be grounds for terminating your
relationship and may be referred to appropriate
law enforcement authorities.
Upon termination or
suspension, regardless of the reasons therefore,
your right to use the services available on
this site immediately ceases, and you acknowledge
and agree that we may immediately deactivate
or delete your account and all related information
and files in your account and/or bar any further
access to such files or this site. We shall
not be liable to you or any third-party for
any claims or damages arising out of any termination
or suspension or any other actions taken by
us in connection with such termination or suspension.
16.
Governing Law
This site (excluding
any linked sites) is controlled by us from our
offices within the
California,
United States of America.
It can be accessed from all 50 states, as well
as from other countries around the world. As
each of these places has laws that may differ
from those of California, by accessing this
site both of us agree that the statutes and
laws of the State of California, without regard
to the conflicts of laws principles thereof
and the United Nations Convention on the International
Sales of Goods, will apply to all matters relating
to the use of this site and the purchase of
products and services available through this
site. Each of us agrees and hereby submits to
the exclusive personal jurisdiction and venue
any court of competent jurisdiction within the
State of
California
with respect to such matters.
17.
Notices
All notices to a
party shall be in writing and shall be made
either via email or conventional mail. Notices
to us must be sent to the attention of Customer
Service at
webmaster@near-death.com,
if by email, or at
Near-Death Experiences
and the Afterlife,
8313 Fair Oaks Blvd, Carmichael, CA, U.S.A.
95608 if by conventional mail. Notices to you
may be sent to the address supplied by you as
part of your Registration Data. In addition,
we may broadcast notices or messages through
the site to inform you of changes to the site
or other matters of importance, and such broadcasts
shall constitute notice to you at the time of
sending.
18.
Entire Agreement
These terms and conditions
constitute the entire agreement and understanding
between us concerning the subject matter of
this agreement and supersedes all prior agreements
and understandings of the parties with respect
to that subject matter. These Terms of Use may
not be altered, supplemented, or amended by
the use of any other document(s). Any attempt
to alter, supplement or amend this document
or to enter an order for products or services
which are subject to additional or altered terms
and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed
by you and us. To the extent that anything in
or associated with this site is in conflict
or inconsistent with these Terms of Use, these
Terms of Use shall take precedence.
19.
Miscellaneous
In any action to enforce
these Terms of Use, the prevailing party will
be entitled to costs and attorneys’ fees. Any
cause of action brought by you against us or
our Affiliates must be instituted with one year
after the cause of action arises or be deemed
forever waived and barred.
You may not assign your
rights and obligations under these Terms of
Use to any party, and any purported attempt
to do so will be null and void. We may free
assign our rights and obligations under these
Terms of Use.
You agree not to sell,
resell, reproduce, duplicate, copy or use for
any commercial purposes any portion of this
site, or use of or access to this site.
In addition to any excuse
provided by applicable law, we shall be excused
from liability for non-delivery or delay in
delivery of products and services available
through our site arising from any event beyond
our reasonable control, whether or not foreseeable
by either party, including but not limited to,
labor disturbance, war, fire, accident, adverse
weather, inability to secure transportation,
governmental act or regulation, and other causes
or events beyond our reasonable control, whether
or not similar to those which are enumerated
above.
If any part of these
Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner
consistent with applicable law to reflect, as
nearly as possible, the original intentions
of the parties, and the remaining portions shall
remain in full force and effect.
Any failure by us to
enforce or exercise any provision of these Terms
of Use or related rights shall not constitute
a waiver of that right or provision.
20.
Contact Information
Except as explicitly
noted on this site, the services available through
this site are offered by
Near-Death Experiences
and the Afterlife
located at
8313 Fair Oaks Blvd,
Carmichael,
CA,
U.S.A.
95608. Our telephone number is (916) 876-0329.
If you notice that any user is violating these
Terms of Use, please contact us at
webmaster-near-death.com.
Terms and Conditions
of Sale
1.
Sale
and Purchase of Goods
Near-Death Experiences
and the Afterlife
("Seller") hereby agrees to sell, and You ("Buyer")
hereby agree to purchase, goods of the description
and quantity described on the checkout window
("Checkout") and incorporated herein by this
reference ("Goods") on the terms and conditions
set forth in this Agreement.
2.
Purchase Price
Buyer agrees to pay
the Purchase Price of the Goods as posted on
this website attached hereto.
3.
Payment Terms
The total amount of
the Purchase Price shall be payable in full
by Buyer according to the payment due date stated
at Checkout. Any portion of the Purchase Price
unpaid past thirty (30) days shall be considered
overdue. All amounts past due are subject to
a late charge of the lesser of one and one-half
percent (1 1/2%) per month (being eighteen percent
(18%) per annum) or the highest lawful rate.
In addition, Seller shall have the right to
pursue any remedies available at law or as provided
herein and shall be entitled to reimbursement
from Buyer for Seller's costs of collection,
including attorney fees, legal fees and costs
and disbursements.
4.
Delivery
Unless otherwise agreed
in writing, delivery shall be made in accordance
with Seller's shipping policy in effect on the
date of shipment. Delivery dates provided by
Seller are estimates only. Seller will make
reasonable efforts to deliver in accordance
with such dates; however, Seller will not be
liable for failure to deliver as estimated.
Unless otherwise agreed in writing by Seller,
Goods shall be packaged according to Seller's
standards and practices.
5.
Limited Warranty
Seller supplies as its
sole warranty the following:
Any warranties associated
with
Amazon.com
products purchased through this website are
applicable to
Amazon.com
and not
Near-Death.com.
The warranty shall
last for a period of time determined by
Amazon.com.
The warranties provided
for herein shall be governed by Seller's warranty
policies in effect on the date of shipment.
6.
Disclaimer of Warranty/Limitation of Liability
Seller undertakes no
responsibility for the quality of the Goods
or that the Goods will be fit for any particular
purpose for which Buyer may be buying the Goods,
except as otherwise provided in this Agreement,
and Seller disclaims all other warranties and
conditions, express or implied.
Seller (including its
subsidiaries, affiliates, officers, directors,
employees, agents or subcontractors, all of
which are referred to herein collectively as
the "seller affiliates") shall not be liable
under any circumstance to buyer or any other
party for any special, consequential, incidental
or exemplary damages arising out of or in any
way connected with the goods or otherwise, including
but not limited to damages for lost profits,
loss of the goods or any associated equipment,
cost of capital, cost of substitute or replacement
equipment, facilities or services, down time,
buyer's time, lost data, injury to property
or any damages or sums paid by buyer to third-parties,
even if seller or any of the seller affiliates
has been advised of the possibility of such
damages. The foregoing limitation of liability
shall apply whether any claim is based upon
principles of contract, warranty, negligence,
or other tort, breach of any statutory duty,
principles of indemnity or contribution, the
failure of any limited or exclusive remedy to
achieve its essential purpose, or otherwise.
In no event shall seller
or any seller affiliate be liable to buyer or
any other party for loss, damage, or injury
of any kind or nature arising out of or in connection
with these terms and conditions in excess of
the net purchase price of the goods actually
delivered to and paid for by buyer hereunder.
Seller disclaims any
warranties of non-infringement with respect
to the goods and none of seller or any seller
affiliate shall have any duty to defend, indemnify,
or hold harmless buyer from and against any
or all damages or costs incurred by buyer arising
from the infringement of patents or trademarks
or violation of copyrights by any of the goods.
7.
Force Majeure
Seller shall not be
held responsible for any failure of performance
to make timely delivery of all or any part of
the Goods in the event such failure was due,
in whole or in part, to federal, provincial
or municipal action, statute, ordinance or regulation,
strike or other labor trouble, fire or other
damage to or destruction of, in whole or in
part, the Goods or the manufacturing facility
for the Goods, the lack of or inability to obtain
raw materials, labor, fuel, electrical power,
water or supplies, or any other cause, act of
God, contingency or circumstances not subject
to the reasonable control of Seller, which causes
delays or hinders the manufacture or delivery
of Goods. Seller shall determine in good faith
the extent to which it can reasonably control
a cause, contingency, or circumstance that affects
the performance of its obligations.
8.
General
Buyer may not assign
this Agreement without Seller's written consent.
Seller is the sole intended beneficiary of this
Agreement. If there is any inconsistency between
this Agreement and any other agreement included
with or relating to the Goods, this Agreement
shall govern. This Agreement may not be modified,
altered or amended without the written agreement
of Seller. Any additional or altered terms attached
to any order submitted by Buyer shall be null
and void, unless expressly agreed to in writing
by Seller. If any term of this Agreement is
illegal or unenforceable, the legality and enforceability
of the remaining provisions shall not be affected
or impaired. This Agreement shall be interpreted
under the laws of the State of
Virginia,
without giving effect to conflicts-of-law rules;
and in the event of a dispute under this Agreement;
Buyer submits to the exclusive jurisdiction
and venue of the courts of the
Commonwealth
of
Virginia
and hereby waives any objection to such jurisdiction
and venue
Blog and Message Board
Terms of Use
Near-Death Experiences
and the Afterlife
("We" or "Us" or "Our") offers the use of its
blogging and message board services (along with
the content posted thereon, the "Services")
subject to the terms and conditions of use (the
"Terms") contained herein. All references herein
to "We," "Us," or "Our" are intended to include
Near-Death Experiences
and the Afterlife
and any other affiliated companies. By accessing,
creating or contributing to any blogs or messages
hosted by our blog (the "Blog"), and in consideration
for the Services we provide to you, you agree
to abide by these Terms. Please read them carefully
before posting to or creating any Blog. We reserve
the right to change, at any time, at our sole
discretion, the Terms under which these Services
are offered. You are responsible for regularly
reviewing these Terms for changes. Your continued
use of the Services constitutes your acceptance
of all such Terms. If you do not agree with
these Terms, please do not use the Services.
1.
Disclaimer of Company Responsibility for Blog
Content
You understand that
all content posted to the Blog (the "Content")
is the sole responsibility of the individual
who originally posted the content. You understand,
also, that all opinions expressed by users of
this site are expressed strictly in their individual
capacities, and not as Our representatives or
any of Our sponsors or partners. The opinions
that you or others post in the Blog do not necessarily
reflect Our opinions.
2.
Posting
(a)
By
posting your Content using the Services, you
are granting an unrestricted, irrevocable, non-exclusive,
royalty-free, perpetual, worldwide, and fully
transferable, assignable, and sublicensable
right and license to use, copy, reproduce, modify,
adapt, publish, translate, create collective
or derivative works from, distribute, perform
and display your Content in whole or in part
and to incorporate it in other works in any
form, media, or technology now known or later
developed. You further warrant that all so-called
moral rights in the content have been waived.
(b)
By posting content to the Blog, you warrant
and represent that you either own or otherwise
control all of the rights to that content, including,
without limitation, all the rights necessary
for you to provide, post, upload, input or submit
the content, or that your use of the content
is a protected fair use. You agree that you
will not knowingly provide material and misleading
false information. You represent and warrant
also that the content you supply does not violate
these Terms. It is your sole responsibility
to ensure that your postings do not disclose
confidential and/or proprietary information,
including personal financial information, information
covered by a nondisclosure agreement, and information
that you are not authorized to disclose. We
caution you not to disclose personal information
about yourself or your children, such as social
security numbers, credit card numbers, etc.
(c)
You agree to indemnify and hold Us and Our affiliated
companies, and their directors, officers and
employees, harmless for any and all claims or
demands, including reasonable attorney fees,
that arise from or otherwise relate to your
use of the Blog, any content you supply to the
Blog, or your violation of these Terms or the
rights of another.
3.
Accessing
(a)
You agree that We will not be liable, under
any circumstances and in any way, for any errors
or omissions, loss or damage of any kind incurred
as a result of use of any content posted on
this site. You agree that you must evaluate
and bear all risks associated with the use of
any content, including any reliance on the accuracy,
completeness, or usefulness of such content.
You agree not to collect information about others,
including e-mail addresses, or to use information
obtained from the Services to send other users
unsolicited e-mail of any kind.
(b)
The Blog is provided for informational purposes
only; we shall not be responsible or liable
for the accuracy or availability of any information
appearing or available on the Blog.
(c)
Blog postings may provide links to other websites
on the Internet. We are not responsible or liable
for such content and we make no express or implied
warranty about the accuracy, copyright compliance,
legality, merchantability, or any other aspect
of the content of such postings. We are not
responsible or liable for any advertising, products,
or other materials on or available from such
websites or resources. The inclusion of links
does not imply endorsement of the Websites by
Us or any association with their operators.
(d)
We may enable you to establish an account with
a username and password to access and use the
Services. If so, you are responsible for maintaining
the strict confidentiality of your password,
and you are responsible for any activity occurring
through use of your account and password. You
agree to immediately notify us of any unauthorized
use of your password or account or any other
breach of security and ensure that you exit
from your account at the end of each session.
We are not responsible or liable for any loss
or damage arising from your failure to comply
with this provision.
4.
Children
Collecting personal
information from children under the age of 18
("minor children") through the Services or the
Blog is prohibited. No Content should be directed
toward minor children. Minor children are not
eligible to use the site, and we ask that they
do not submit any personal information to us.
5.
Privacy Policy
Please be sure to
read our
Privacy Policy,
which is available at this website and incorporated
herein by reference.
6.
Unauthorized Use of Materials
See
Website Terms of
Use
7.
Termination of Access/Removal of Content
We shall have the right
in Our sole discretion to terminate your access
to and use of the Services and/or remove any
of your Content should We consider your statements
or conduct to be inaccurate, illegal, obscene,
defamatory, threatening, infringing of intellectual
property rights, invasive of privacy, injurious,
objectionable, or otherwise in violation of
these Terms or applicable law.
8.
Disclaimer of Warranties
See
Website Terms of
Use
9.
Limitation of Liability
See
Website Terms of
Use
10.
Acceptance and Acknowledgement of Terms
Use of this website
constitutes acceptance of these Terms. You
acknowledge that you have read and are bound
by the Terms, as well as any other usage
agreements of Ours, including the Website
Terms of Use that may govern your conduct.
Thank you for participating in the Blog.
Please do not hesitate to contact us at
webmaster-death.com if you have questions.
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