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Terms of Use
Welcome to JamesRay.com (the "James Ray International Site"), a site owned and operated by James Ray International.
These Terms of Use, along with policies and guidelines located throughout the James Ray International Site identify what users of the James Ray International Site ("Users") can expect from James Ray International, James Ray International Providers (as defined below) and the James Ray International Site and what we expect from Users. By accessing any areas of the James Ray International Site, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the James Ray International Site.
I. ONLINE CONDUCT
User agrees to use the James Ray International Site only for lawful purposes. User is prohibited from posting on or transmitting through the James Ray International Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If James Ray International is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the James Ray International Site (collectively "Content") provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, James Ray International may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the James Ray International Site. James Ray International may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the James Ray International Site; or (iii) to protect the rights or property of James Ray International and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "James Ray International Providers") and any other User.
James Ray International reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, James Ray International, the James Ray International Site, the communities that make up the James Ray International Site, or any rights of James Ray International or any third party, or to violate any applicable law. Notwithstanding the foregoing, no James Ray International Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no James Ray International Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the James Ray International Site.
II. PRIVACY POLICY
James Ray International respects the privacy of its Users. The terms and conditions of the James Ray International Privacy Policy are outlined at http://jamesray.com/help.php?section=business.
III. TRADEMARKS
JamesRay.com and James Ray International are trademarks or service marks of James Ray International or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of James Ray International and its licensors used on the James Ray International Site may not be used without prior written consent of James Ray International or its licensor, as the case may be. Without limiting the foregoing, no James Ray International trademark or trade dress may be used in connection with any product or service that is not James Ray International's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits James Ray International.
IV. CONTENT
A. Proprietary Rights
User acknowledges that the James Ray International Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under U.S. copyright laws, and James Ray International owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for Users personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph A. above, User may upload to or otherwise distribute on the James Ray International Site only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No James Ray International Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to James Ray International at http://jamesray.com/help.php?section=contactus&mode=update. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted James Ray International Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content 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 Content. User also permits any other User to access, store, or reproduce the Content for that Users personal use. Subject to this grant, the owner of Content placed on the James Ray International Site retains any and all rights which may exist in such Content.
C. Third-Party Content
James Ray International is a distributor and not a publisher of Content supplied by third parties and Users. James Ray International has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of James Ray International or its affiliates or any of their officers, directors, employees, or agents. No James Ray International Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the James Ray International Site represents the opinions and judgments of the respective third party providing such Content. James Ray International neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the James Ray International Site by anyone other than James Ray International. Under no circumstances shall James Ray International, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a Users reliance on information obtained through the James Ray International Site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the James Ray International Site.
D. Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the James Ray International Site to either a foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
James Ray International does not intend the James Ray International Site to be used by minors under the age of 13. Furthermore, James Ray International does not market the James Ray International Site for use by minors under the age of 13. James Ray International relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the James Ray International Site are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
James Ray International may suspend or terminate any Users access to all or any part of the James Ray International Site including any account thereon, without notice, for any reason in James Ray International's sole discretion, including, without limitation, James Ray International's belief that such access would violate any applicable law or would be harmful to the interests of any James Ray International Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's James Ray International account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's James Ray International account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE JAMES RAY INTERNATIONAL SITE IS PROVIDED BY JAMES RAY INTERNATIONAL PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH JAMES RAY INTERNATIONAL PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO JAMES RAY INTERNATIONAL PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE JAMES RAY INTERNATIONAL SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE JAMES RAY INTERNATIONAL SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE JAMES RAY INTERNATIONAL SITE; OR (IV) THAT THE JAMES RAY INTERNATIONAL SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF JAMES RAY INTERNATIONAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO JAMES RAY INTERNATIONAL PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE JAMES RAY INTERNATIONAL SITE OR ANY RELATED SERVICES. THE OPERATION OF THE JAMES RAY INTERNATIONAL SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY JAMES RAY INTERNATIONAL PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY JAMES RAY INTERNATIONAL PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE JAMES RAY INTERNATIONAL SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE JAMES RAY INTERNATIONAL SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO JAMES RAY INTERNATIONALS RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE JAMES RAY INTERNATIONAL SITE.
NO JAMES RAY INTERNATIONAL PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE JAMES RAY INTERNATIONAL SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH JAMES RAY INTERNATIONAL PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by James Ray International in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the James Ray International Site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the James Ray International Site, any Content or any item purchased from the James Ray International Site shall be settled by confidential arbitration in Carlsbad, California administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude James Ray International from seeking any injunctive relief in State or Federal courts located in the State of California for protection of James Ray International or James Ray International licensors intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and James Ray International regarding Users relationship with James Ray International and supersedes any prior statements or representations. When using the James Ray International Site or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
XIII. MODIFICATION
James Ray International reserves the right to make changes to the James Ray International Site, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on October 20, 2004.
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