Communicate. Appreciate. Validate. Evolve

JohnEdward.Net Terms Of Use Agreement

Last Updated: March 6, 2012

I. Introduction

Welcome to the JohnEdward.Net website (“Site”). This Terms of Use Agreement (“Agreement”) sets forth the agreement between Jemerc Productions (collectively, "Jemerc" or "we") and each user ("you" or "user") governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.

We may, in our sole discretion, modify this Agreement. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

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II. Not Healthcare Advice

The advice, information, services and other content provided on and through this Site, including information that may be provided on the Site and other content provided on any Linked Site, as defined in this Agreement, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding treatment options.

The information provided on this Site and Linked Sites, including information relating to medical and health conditions and treatments, is not intended as a substitute for advice from your Healthcare Professional.

You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, before using any medication, or herbal or homeopathic product, or before adopting any treatment for a health problem.

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III. Membership

In order to take advantage of the membership features of the Site, we require you to register an account and provide the personal information requested, which will be managed by Jemerc in accordance with Section VI of this Agreement.  . You also may be charged a membership fee as specified on the Site. In the event you become a member, you shall immediately be charged the entire amount equivalent to the advertised price, depending on the term of membership you selected (for instance, 1 month or 3 month). UNDER THESE TERMS OF USE, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAW.

You may cancel your membership at any time after your initial registration, unless the offer you have selected specifically does not permit cancellation within a specified time period. To cancel, you must e-mail customer service customerservice@je-media.com. Your account will be terminated effective at the end of the chosen membership term. Jemerc OFFERS NO REFUNDS EXCEPT WHERE PROHIBITED BY LAW.

PLEASE NOTE THAT THE ONLY ACCEPTED METHOD OF PAYMENT IS BY CREDIT CARD PAYMENTS USING YOUR VISA, MASTERCARD, AMERICAN EXPRESS, DINER√S CLUB, DISCOVERY, AND JCB CREDIT CARD. Jemerc DOES NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME.

Your right to membership is conditional upon Jemerc's receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

We reserve the right to change the amount of, or basis for determining, any membership fees, and to institute new fees, effective upon prior notice to you. Similarly, we reserve the right to modify any other terms of such membership (for example, the duration of the membership or any of the features or services offered to our members), upon prior notice to you. If you have a current membership at the time that any new or revised fees or any change in the duration of the membership takes effect, such fees or new duration will only apply to your membership if and when your membership is renewed. We may give notices to you by means of a general notice on the Site or by e-mail to your e-mail address.

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IV. Purchases

If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.

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V. Personalization of Webpages

The Site offers a service which allows you to personalize their landing page including a service which allows you to upload pictures ("Content"). In no event will the Jemerc Parties be liable for maintaining any of the Content on your personalized landing page. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Site as the only repository or other source for your Content. Jemerc can terminate this feature of the Site at any time.

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VI. Privacy

Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

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VII. Copyright; Trademarks

You acknowledge that all materials on the Site, (other than the User Content as set out in Section XII below), including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Jemerc, its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Jemerc or the respective copyright owner. Jemerc authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, INFINITE QUEST; JOHN EDWARD PRESENTS INFINITE QUEST; COMMUNICATE APPRECIATE VALIDATE; EVOLVE WITH JOHN EDWARD; HAND ON MY HEART; JOHN EDWARD; and JOHN EDWARD PRESENTS) and any Marks associated with any products available on the Site) are the sole property of Jemerc and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Jemerc and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Jemerc and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Jemerc. Jemerc will enforce its intellectual property rights to the fullest extent of the law.

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VIII. Links; Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Jemerc does not control or endorse any such third party websites. You agree that Jemerc Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Jemerc expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Jemerc Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

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IX. Disclaimer; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, JEMERC AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “JEMERC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, JEMERC PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JEMERC PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JEMERC PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JEMERC PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.

JEMERC PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JEMERC AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF JEMERC PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM JEMERC ON THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

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X. Indemnification

You agree to indemnify, defend and hold harmless Jemerc Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site (including the User Content), your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

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XI. Site Usage; Termination of Usage

If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Jemerc has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Jemerc has the right to prohibit any and all current or future use of the Site (or any portion thereof) by you.

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Jemerc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Jemerc. Jemerc Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

You further agree that you will not access this Site by any means except through the interface provided by Jemerc for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of Jemerc is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of Jemerc is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

Jemerc makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Jemerc Parties, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by either you or Jemerc. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Jemerc also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in Jemerc’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Jemerc Parties. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Jemerc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Jemerc Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

You agree that Jemerc may terminate or suspend your access to all or part of this Site, without notice, for any conduct that Jemerc, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Jemerc Parties.

Sections VI, IX through XVII and XIX shall survive any termination of this Agreement.

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>XII. User Content and Conduct

Where applicable at the Site, you are invited to post your own content and personalize your landing page, including a service which allows you to upload pictures and keep a journal on your personalized landing page (“User Content”).  You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility.  Though the Site is designed to be a safe place to share such User Content, Jemerc cannot guarantee that other users will not misuse the User Content that you share.  If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site.  Under no circumstances will Jemerc be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site.  Jemerc IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE. 

By posting any User Content at the Site, you hereby grant Jemerc a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or incorporate it in other works in any form, media, or technology now known or later developed, now and in the future.  You specifically waive any “moral rights” in and to the User Content.  The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content.  You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the rights to grant the license set forth in this Section XII; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person and that the User Content will comply with this Section XII.  You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.  Jemerc reserves the right to remove User Content as set out further below.

You acknowledge and agree that Jemerc may preserve User Content and may also disclose User Content is required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement, respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Jemerc, its users and the public.  You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Jemerc.  Posting of User Content to or through the Site including, ideas or disclosures of opinions, is voluntary on your part.  No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content.  Jemerc shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s) you post to or through the Site.  Jemerc SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT. 

By posting User Content, you agree to the following rules:

1.  RESPECT

Respect of both contributors and other members alike is extremely important, and disrespect of anyone in the comments section is strictly prohibited.  Remember that disagreements can be resolved in a mature manner, and if you feel someone is being disrespectful to you please report them to the administration at webmaster@johnedward.net rather than respond in like. 

2.  ABSOLUTELY NO VULGARITY OR ABUSE OF OTHERS

You may not post any User Content which may be regarded as unlawful, harmful, libelous, defamatory, vulgar, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, harmful, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or otherwise objectionable, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law.  You also may not “stalk” other users of the Site.

3.  NO SELF PROMOTION

We are Metaphysicians on our own spiritual journey of development.  That said, there is zero tolerance for self-promotion of skills or services through the Site.  Self-promotion comments could result in an automatic ban from the Site.

4.  IMPERSONATION

Impersonation of any contributor, person or entity, or misrepresentation of one’s affiliation with any contributor, person, or entity is strictly prohibited.  In addition, users may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site.

5.  STAY ON TOPIC

While comments can tend to drift naturally from the original topic, we ask that you please try to stay relevant to the topic at hand. 

6.  OPINION IS NOT FACT

The purpose of these sections are for members to share their opinions of the Site content and to inspire discussion based on the themes and content of the Site.  That said, while sharing of opinion is encouraged, keep in mind that others may disagree and no one’s opinion is fact.  If you would like to present something as fact, please be prepared to cite references. 

7.  USE THE WORKS OF OTHERS

You may not upload, post, email, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.

8.  SPAM

Spamming to our content section is strictly prohibited.  Spamming includes uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.

9.  DISRUPT OTHER’S USE OF THE SITE

You may not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  In addition, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.  Finally, you may not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

10.  OTHER USER’S PERSONAL DATA

You may not collect or store personal data about other Users on the Site. 

11.  REMEMBER: POSTING IS A PRIVILEGE

The Site offers a unique experience to the member to access the best in the Metaphysical field, and now also is a place members can come together and share experiences.  Breaking of any of these rules can result in a members’ ability to post comments being revoked without warning.  In extreme cases, we retain the right to revoke a members’ membership.  If a user’s membership is revoked, Jemerc will not refund any part of the user’s membership fee.  Jemerc also retains the right to delete any posts that it deems inappropriate, or to be breaking any of the above rules. 

You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent, or objectionable.  Jemerc does not endorse or have control over the User Content.  The thoughts and views expressed in these areas in no way represent the thoughts and views of Jemerc, its moderators, administrators, or contributors.  User Content is not reviewed by Jemerc prior to posting and does not reflect the opinions or policies of Jemerc.  Jemerc makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site.  Jemerc assumes no responsibility for monitoring the Site for inappropriate submissions or conduct.  If at any time Jemerc chooses, in its sole discretion, to monitor the Site, Jemerc nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate user Content, and has no responsibility for the conduct of the Site users submitting any such User Content.  Notwithstanding the foregoing, Jemerc and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Jemerc’s sole discretion.  You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.  In this regard, you acknowledge that you may not rely on any User Content. 

You are solely responsible for your interactions with other Site users.  Jemerc reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access if Jemerc determines, in its sole discretion, that doing so is prudent. 

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XIII. Filtering

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at http://www.staysafe.org. 

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XIV. Copyright Policy

We respect the intellectual property rights of others and require the Site users do the same.  If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Jemerc’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below: 

            (a)       A physical signature of the person authorized to act on behalf of the owner of the copyright;

            (b)       A description of the copyrighted work that you claim has been infringed;

            (c)        A description of where the material that you claim is infringing is located on the Service

            (d)       Your address, telephone number, and email address;

            (e)       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

            (f)        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

            Copyright Agent: Jemerc Productions, Inc. P.O. Box 383, Huntington, NY 11743

            Email: copyrightagent@johnedward.net

                       

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XV. Geographic Limits of Service

Jemerc reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area, or jurisdiction we so desire. This Site is subject to United States export controls, and may not be used, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms of Use and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (October 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14, and any amendments thereto, as applicable.

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XVI. Applicable Law; Jurisdiction; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Suffolk County.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JEMERC HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR JEMERC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

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XVII. Severability; Interpretation

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

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XVIII. Entire Agreement

This Agreement constitutes the entire and only Agreement between Jemerc and each user of this Site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

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XIX. Miscellaneous

The failure of Jemerc Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of Jemerc Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

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XX. Contact Information

If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.

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©2010 Jemerc Productions. All rights reserved.