As an inducement to Companies to provide materials on the Internet or other methods, by using this site, inquiring from us, reading materials, or purchasing products or services from us, you agree to these terms and conditions. Please make sure you read this section carefully and understand the terms and conditions herein.By use of any information and hyperlinks (collectively called "Materials"), or purchase of any products or services (collectively called "Products") communicated through this Internet Web site, listservers, e-mail server, e-commerce processor, auto-responders, domain name server (collectively called "Service"), or any contacts or transactions offline, you hereby acknowledge, and agree to the following: Companies and our dealers, associates, agents and licensors expressly do not make any warranties including, without limitation, guarantees of results, warranties of fitness for a particular purpose, as well as warranties of accuracy, completeness, timeliness, non-infringement, merchantability with respect to the Service, the Materials, or the Products provided or offered here. Neither we nor any of our dealers, associates, agents and licensors shall be liable for any direct, indirect, incidental, punitive, or consequential loss, damage or injury of any kind whatsoever in connection with the Site, Products, or Services, even if advised on the possibility of such damages. In no case shall our liability, as well as the liability of our dealers, associates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Site, the Service, the Material, or the Products, exceed the total dollar amount you paid us or our dealers, associates, agents and licensors. By using the Service you assume full responsibility for the use of all Materials and Products. You assume full responsibility for adherence to any and all applicable laws and regulations, including federal, state and local, governing professional licensing, advertising, business practices, and all other aspects of doing business in the United States or any other jurisdiction. Any Materials, Products, and offerings are void where prohibited by law. Under no circumstances is anything written or spoken to be construed as a guarantee of results. We make NO GUARANTEES OF RESULTS. All statements, stories, research findings, etc., are derived from sources believed reliable. While all ordinary due diligent attempts have been made to verify information provided, in any publication of any nature Companies make or offer, including books, manuels, cassettes, audio discs, videos, websites, etc., neither Author, Publisher, nor Companies assume any responsibility for errors, omissions, or contrary interpretation of the subject matter herein. We provide information products only. Any perceived slights of specific persons, peoples, organizations, or practices are unintentional. Participant hereby releases Companies, the Program and the Principles and Speakers from, and agrees and covenants that participant will not sue same or take any action on account of any and all claims or causes of action in connection with the Companies, Program, and, in no event shall any Course, the Companies, Program or the Principals or Speakers be liable for any punitive damages, incidental or consequential damages whatsoever. Participant acknowledges that the limitations of its remedies provided for herein do not fail of their essential purpose and that it is not unconscionable for the Course, the Program and its Principals to seek and obtain such limitations of its and their financial exposure to the Participant. Participant hereby agrees to and does indemnify Companies and any Course, the Program and its Principals and holds them, and each of them, harmless from and will defend them against any and all claims, judgments, liabilities, expenses and damages (including attorney's fees and costs) arising out of or in connection with any breach by Participant of its obligations, agreements of covenants hereunder, and, any acts or omissions by Participant, its agents, representatives and employees whatsoever. Any and all claims and actions arising out of the Program, this document, or otherwise, shall be exclusively arbitrated in Orange County, State of California, in accordance with the then prevailing Rules & Regulations of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party, unless expressly required by law. No publication released by Companies is intended for use as a source of psychological advice. All users are advised to retain the services of competent professionals for psychological advice. The purchaser or reader of all publications assumes responsibility for the use of said materials and information, including adherence to all applicable laws and regulations, federal, state, and local, governing professional licensing, business practices, advertising, and all other aspects of doing business in the United States or any other jursidiction in the world. No guarantees of results are made. Publisher reserves the right to make changes. You do not have to accept these terms, you can reject any offer we make and leave the site, return the product for a refund, etc. The Author, Publisher, and Companies assume no responsibility or liability whatsoever on the behalf of any purchaser or reader of these materials.
Companies provide certain Services, and make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. You are responsible for your own content.You agree that you will not display any materials in connection with use of Companies' Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of any party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age - this included No pornography of any kind; that promote hate; that violate any Companies' policy posted on Companies' Site; or contain viruses or other computer programming defects which result in damage to any party. No "Spam". You shall not use the Service for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You shall not engage in any unsolicited email practices in relation to Companies' services, equipment, materials, etc. Termination. Companies may, in Companies' sole discretion, immediately terminate any agreement, license, or service without remedy if you engage in any of the foregoing.
All trademarks or registered trademarks are property of their respective owners. Usage of other trademarks is only for illustrative, educational, or entertainment purposes, without intent to infringe. Any such trademark usage does not constitute endorsement by Companies, or any of its dealers, associates, affiliates, and licensors.
Unless where indicted otherwise, copyright for all materials © Mr. Scotty & Company, Inc., Java Books, or Steve Nakamoto, all rights reserved worldwide. By submitting unsolicited Material submitted through the Service or to any email, you agree that such material enters our copyright, unless indicated or agreed upon otherwise, and can and may be used in Companies' educational and marketing efforts.
No translation or reproduction, either electronically or mechanically, permitted without express written permission from Companies except in cases where proper credits have been given. Any violation of our copyrights, patents or trademarks will be quickly prosecuted to the fullest extent of the law.
For each visit to our Web site, our Web server automatically recognizes only the visitor's IP address, but not the e-mail address, unless the visitor volunteers their e-mail address to us by filling out a Web form
We electronically collect the e-mail addresses of those who post messages to our discussion forums, of those who complete online web forms, of those who communicate with us via e-mail, of those who make postings to our chat areas.We aggregate information on what pages and other resources users access or visit, as well as user-specific information on what pages users access or visit, and information volunteered by the user, such as survey information, web form content and/or site registrations.
The information we collect is used to improve the content of our Web site, used to notify users about updates to our Web site and used by us to contact users for marketing purposes targeted to users' specific needs.
If you do not want to receive e-mail from us in the future, please let us know by responding to any system e-mailing by clicking on the link at the bottom. This will remove your e-mail address from our databases and Web site. This includes removal from e-zine mailings.
We respect your privacy. We do not share, sell or rent our email or mailing list information with other companies or marketers. We disclaim responsibility for accidental or unintentional misuse of information by ourselves or any 3rd party. Also we may disclose information when we are legally compelled to do so or to protect site owner's rights. If you supply us with your address you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by responding to the remove link included with each system e-mailing.
Product prices and availability: The price charged for every product sold under this program will be determined by Companies according to pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the webpage. Product availability can change, and Company will present the best information available to all sponsoring sites and its clients regarding course availability
Companies will make every effort to keep their website(s) operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Customer, Client, Prospect, Surfer, Participant agrees not to hold Companies liable for any of the consequences of such interruptions.
Java Books, in addition to its own business, does all business for and on behalf of Steve Nakamoto and Mr. Scotty & Company, Inc. From time to time Companies and individuals or other companies enter into agreements. Parties hereby agreee that said individuals and companies are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Companies. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Titles are used here as guidelines, and have no legal significance, and cannot be cited as evidences.
This agreement shall be governed and construed by the laws of the State of California. The situs for all actions is Huntington Beach, CA. All provisions of this Agreement are intended to be interpreted and construed in a manner to make such provisions valid, legal and enforceable in a court of law. If, for any reason, a provision is declared illegal or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be interpreted so as to give full effect to the intent of this Agreement. The provisions of this Agreement shall be enforceable notwithstanding the existence of any claim or cause of action of Companies against Individual/company or against Individual/company, whether predicted on this Agreement or otherwise.
Assignment: Company may assign its rights under this Agreement and this Agreement shall inure to the benefit of the successors, and assigns of Company, and shall be binding upon Affiliate Partner, its heirs, executors, administrators, guardians, and permitted successors and assigns. Affiliate Partner may not assign its rights or obligations under this Agreement without the advance written consent of Company, which consent may be withheld or conditioned by Company in its sole discretion.
Entire Agreement and Amendment: This Agreement represents the entire understanding of the parties with respect to the specific matter of this Agreement and supercedes all previous understandings, written or oral, between the parties with respect to the subject matter. Headings are for convenience only, and not for interpretation of Agreement. Failure by Company or Affiliate Partner to insist upon the other party's compliance with any provision in this Agreement shall not be deemed a waiver of such provision.
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. Java Books, Mr. Scotty & Company, Inc., and Steve Nakamoto encourages parent to go online with their kids. Here are a few tips to help make a child's online experience safer:
Check out the FTC's site (www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html) for more tips on protecting children's privacy online.
YOU ACKNOWLEDGE THAT YOU ARE FULLY COMPETENT TO CONTRACT IN YOUR OWN NAME, HAVE READ THIS AGREEMENT, HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS IF YOU SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN ANY OFFER, IN THIS AGREEMENT, OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF RESPONDING TO ANY OFFER, PURCHASING ANY PRODUCT, PARTICIPATING IN ANY PROGRAM, AND VISITING ANY WEBSITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.