This website (the "Site") is owned and operated
by Professional Impact, Inc. d/b/a “MovePeopleToAction.com.”
(“COMPANY,” "we" or "us"). By using
the Site, you agree to be bound by these Terms of Service and to
use the Site in accordance with these Terms of Service, our Privacy
Policy and any additional terms and conditions that may apply to
specific sections of the Site or to products and services available
through the Site or from COMPANY. Accessing the Site, in any manner,
whether automated or otherwise, constitutes use of the Site and
your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose
new conditions on use of the Site, from time to time, in which case
we will post the revised Terms of Service on this website. By continuing
to use the Site after we post any such changes, you accept the Terms
of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all
the materials available on the Site are the property of us and/or
our affiliates or licensors, and are protected by copyright, trademark,
and other intellectual property laws. The Site is provided solely
for your personal noncommercial use. You may not use the Site or
the materials available on the Site in a manner that constitutes
an infringement of our rights or that has not been authorized by
us. More specifically, unless explicitly authorized in these Terms
of Service or by the owner of the materials, you may not modify,
copy, reproduce, republish, upload, post, transmit, translate, sell,
create derivative works, exploit, or distribute in any manner or
medium (including by email or other electronic means) any material
from the Site. You may, however, from time to time, download and/or
print one copy of individual pages of the Site for your personal,
non-commercial use, provided that you keep intact all copyright
and other proprietary notices.
Your License to Us. By posting or submitting any
material (including, without limitation, comments, blog entries,
photos and videos) to us via the Site, you are representing: (i)
that you are the owner of the material, or are making your posting
or submission with the express consent of the owner of the material;
and (ii) that you are thirteen years of age or older. In addition,
when you submit or post any material, you are granting us, and anyone
authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit,
sell, exploit, create derivative works from, distribute, and/or
publicly perform or display such material, in whole or in part,
in any manner or medium, now known or hereafter developed, for any
purpose. The foregoing grant shall include the right to exploit
any proprietary rights in such posting or submission, including,
but not limited to, rights under copyright, trademark, service mark
or patent laws under any relevant jurisdiction. Also, in connection
with the exercise of such rights, you grant us, and anyone authorized
by us, the right to identify you as the author of any of your postings
or submissions by name, email address or screen name, as we deem
appropriate.
You acknowledge and agree that any contributions originally created
by you for us shall be deemed a “work made for hire”
when the work performed is within the scope of the definition of
a work made for hire in Section 101 of the United States Copyright
Law, as amended. As such, the copyrights in those works shall belong
to COMPANY from their creation. Thus, COMPANY shall be deemed the
author and exclusive owner thereof and shall have the right to exploit
any or all of the results and proceeds in any and all media, now
known or hereafter devised, throughout the universe, in perpetuity,
in all languages, as COMPANY determines. In the event that any of
the results and proceeds of your submissions hereunder are not deemed
a “work made for hire” under Section 101 of the Copyright
Act, as amended, you hereby, without additional compensation, irrevocably
assign, convey and transfer to COMPANY all proprietary rights, including
without limitation, all copyrights and trademarks throughout the
universe, in perpetuity in every medium, whether now known or hereafter
devised, to such material and any and all right, title and interest
in and to all such proprietary rights in every medium, whether now
known or hereafter devised, throughout the universe, in perpetuity.
Any posted material which are reproductions of prior works by you
shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation
to use and display any postings or contributions of any kind and
that COMPANY may elect to cease the use and display of any such
materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish
a hypertext link to the Site so long as the link does not state
or imply any sponsorship of your site by us or by the Site. However,
you may not, without our prior written permission, frame or inline
link any of the content of the Site, or incorporate into another
website or other service any of our material, content or intellectual
property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet
sites maintained by third parties. Our linking to such third-party
sites does not imply an endorsement or sponsorship of such sites,
or the information, products or services offered on or through the
sites. In addition, neither we nor affiliates operate or control
in any respect any information, products or services that third
parties may provide on or through the Site or on websites linked
to by us on the Site.
If applicable, any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third
parties, including information providers, are those of the respective
authors or distributors, and not COMPANY. Neither COMPANY nor any
third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content. Furthermore, COMPANY neither endorses
nor is responsible for the accuracy and reliability of any opinion,
advice, or statement made on any of the Sites by anyone other than
an authorized COMPANY representative while acting in his/her official
capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE
SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF
ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN
BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE
OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY
its affiliates, their successors, transferees, assignees and licensees
and their respective parent and subsidiary companies, agents, associates,
officers, directors, shareholders and employees of each from and
against any and all claims, causes of action, damages, liabilities,
costs and expenses, including legal fees and expenses, arising out
of or related to your breach of any obligation, warranty, representation
or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different
types of products and services online that are provided by third
parties. We are not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services.
If you make a purchase from a merchant on the Site or on a site
linked to by the Site, the information obtained during your visit
to that merchant's online store or site, and the information that
you give as part of the transaction, such as your credit card number
and contact information, may be collected by both the merchant and
us. A merchant may have privacy and data collection practices that
are different from ours. We have no responsibility or liability
for these independent policies. In addition, when you purchase products
or services on or through the Site, you may be subject to additional
terms and conditions that specifically apply to your purchase or
use of such products or services. For more information regarding
a merchant, its online store, its privacy policies, and/or any additional
terms and conditions that may apply, visit that merchant's website
and click on its information links or contact the merchant directly.
You release us and our affiliates from any damages that you incur,
and agree not to assert any claims against us or them, arising from
your purchase or use of any products or services made available
by third parties through the Site.
Your participation, correspondence or business dealings with any
third party found on or through our Site, regarding payment and
delivery of specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are
solely between you and such third party. You agree that COMPANY
shall not be responsible or liable for any loss, damage, or other
matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made
by you or someone acting on your behalf through the Site. You agree
to use the Site and to purchase services or products through the
Site for legitimate, non-commercial purposes only. You also agree
not to make any purchases for speculative, false or fraudulent purposes
or for the purpose of anticipating demand for a particular product
or service. You agree to only purchase goods or services for yourself
or for another person for whom you are legally permitted to do so.
When making a purchase for a third party that requires you to submit
the third party's personal information to us or a merchant, you
represent that you have obtained the express consent of such third
party to provide such third party's personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards,
web logs, chat rooms, and email services, which allow feedback to
us and real-time interaction between users, and other features which
allow users to communicate with others. Responsibility for what
is posted on bulletin boards, web logs, chat rooms, and other public
posting areas on the Site, or sent via any email services on the
Site, lies with each user - you alone are responsible for the material
you post or send. We do not control the messages, information or
files that you or others may provide through the Site. It is a condition
of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the
Site.
Use the Site to impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person
or entity.
Interfere with or disrupt any servers or networks used to provide
the Site or its features, or disobey any requirements, procedures,
policies or regulations of the networks we use to provide the
Site.
Use the Site to instigate or encourage others to commit illegal
activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer
system, or network connected to this Site, by means such as hacking,
password mining or other illicit means.
Obtain or attempt to obtain any materials or information through
any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international
law.
Use the Site to post or transmit any information, software
or other material that violates or infringes upon the rights of
others, including material that is an invasion of privacy or publicity
rights or that is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software
or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising.
Use the Site to advertise or solicit to anyone to buy or sell
products or services, or to make donations of any kind, without
our express written approval.
Gather for marketing purposes any email addresses or other
personal information that has been posted by other users of the
Site.
COMPANY may host message boards, chats and other public forums
on its Sites. Any user failing to comply with the terms and conditions
of this Agreement may be expelled from and refused continued access
to, the message boards, chats or other public forums in the future.
COMPANY or its designated agents may remove or alter any user-created
content at any time for any reason. Message boards, chats and
other public forums are intended to serve as discussion centers
for users and subscribers. Information and content posted within
these public forums may be provided by COMPANY staff, COMPANY's
outside contributors, or by users not connected with COMPANY,
some of whom may employ anonymous user names. COMPANY expressly
disclaims all responsibility and endorsement and makes no representation
as to the validity of any opinion, advice, information or statement
made or displayed in these forums by third parties, nor are we
responsible for any errors or omissions in such postings, or for
hyperlinks embedded in any messages. Under no circumstances will
we, our affiliates, suppliers or agents be liable for any loss
or damage caused by your reliance on information obtained through
these forums. The opinions expressed in these forums are solely
the opinions of the participants, and do not reflect the opinions
of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content
or postings on the message boards, chat rooms or other public forums
on the Sites. However, you acknowledge and agree that we have the
absolute right to monitor the same at our sole discretion. In addition,
we reserve the right to alter, edit, refuse to post or remove any
postings or content, in whole or in part, for any reason and to
disclose such materials and the circumstances surrounding their
transmission to any third party in order to satisfy any applicable
law, regulation, legal process or governmental request and to protect
ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide
certain demographic information including your gender, year of birth,
zip code and country. In addition, if you elect to sign-up for a
particular feature of the Site, such as chat rooms, web logs, or
bulletin boards, you may also be asked to register with us on the
form provided and such registration may require you to provide personally
identifiable information such as your name and email address. You
agree to provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form. If we
have reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Site (or any portion thereof). Our use of any personally identifiable
information you provide to us as part of the registration process
is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and
password, which you will receive through the Site's registration
process. You are responsible for maintaining the confidentiality
of the password and account, and are responsible for all activities
(whether by you or by others) that occur under your password or
account. You agree to notify us immediately of any unauthorized
use of your password or account or any other breach of security,
and to ensure that you exit from your account at the end of each
session. We cannot and will not be liable for any loss or damage
arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE,
INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,
PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE
ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY
AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY
MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE
SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS
OR APPROPRIATENESS FOR ANY PURPOSE.
PARTICIPANT acknowledges and agrees that no representation has been
made by bf OR ITS AFFILATES and relied upon as to the future income,
expenses, sales volume or potential profitability that may be derived
from the participation in thIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part
of the Site at any time without notice. In the event of cancellation
or termination, you are no longer authorized to access the part
of the Site affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Site,
and the disclaimers and limitations of liabilities set forth in
these Terms of Service, shall survive.
Refund Policy
Your purchase of a subscription to consciousmarketing.com is subject
to a sixty (60) day money-back guarantee from the date of purchase.
Other
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under the U.S.
copyright law. If you believe in good faith that materials hosted
by COMPANY infringe your copyright, you, or your agent may send
to COMPANY a notice requesting that the material be removed or access
to it be blocked. Any notification by a copyright owner or a person
authorized to act on its behalf that fails to comply with requirements
of the DMCA shall not be considered sufficient notice and shall
not be deemed to confer upon COMPANY actual knowledge of facts or
circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement
has been wrongly filed against you, the DMCA permits you to send
to COMPANY a counter-notice. All notices and counter notices must
meet the then current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright for details. COMPANY's Copyright
Agent for notice of claims of copyright infringement or counter
notices can be reached as follows: Info@MovePeopleToAction.com
This Agreement shall be binding upon and inure to the benefit of
COMPANY and our respective assigns, successors, heirs, and legal
representatives. Neither this Agreement nor any rights hereunder
may be assigned without the prior written consent of COMPANY. Notwithstanding
the foregoing, all rights and obligations under this Agreement may
be freely assigned by COMPANY to any affiliated entity or any of
its wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Connecticut and any dispute shall
be subject to binding arbitration in Connecticut If any provision
of this agreement shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining
provisions.
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