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TERMS OF USE FOR JASONGRACIA.COM
1. BINDING EFFECT. This is a binding agreement. By using the Internet site located
at http://www.jasongracia.com (the "Site") or any services provided in connection
with the Site (the "Service"), you agree to abide by these Terms of Use, as they may
be amended by VantagePoint Motivation Services Inc. ("Company") from time to time in
its sole discretion. Company will post a notice on the Site any time these Terms of
Use have been changed or otherwise updated. It is your responsibility to review
these Terms of Use periodically, and if at any time you find these Terms of Use
unacceptable, you must immediately leave the Site and cease all use of the Service
and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT
LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the
treatment of your personal information. A complete statement of Company’s current
privacy policy can be found by clicking here. Company’s privacy policy is expressly
incorporated into this Agreement by this reference.
3. USE OF SOFTWARE. Company may make certain software available to you from the
Site. If you download software from the Site, the software, including all files and
images contained in or generated by the software, and accompanying data
(collectively, "Software") are deemed to be licensed to you by Company, for your
personal, noncommercial, home use only. Company does not transfer either the title
or the intellectual property rights to the Software, and Company retains full and
complete title to the Software as well as all intellectual property rights therein.
You may not sell, redistribute, or reproduce the Software, nor may you decompile,
reverse-engineer, disassemble, or otherwise convert the Software to a human-
perceivable form. All trademarks and logos are owned by Company or its licensors and
you may not copy or use them in any manner.
4. USER CONTENT. You grant Company a license to use the materials you post to the
Site or Service. By posting, downloading, displaying, performing, transmitting, or
otherwise distributing information or other content ("User Content") to the Site or
Service, you are granting Company, its affiliates, officers, directors, employees,
consultants, agents, and representatives a license to use User Content in connection
with the operation of the Internet business of Company, its affiliates, officers,
directors, employees, consultants, agents, and representatives, including without
limitation, a right to copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, and reformat User Content. You will not be
compensated for any User Content. You agree that Company may publish or otherwise
disclose your name in connection with your User Content. By posting User Content on
the Site or Service, you warrant and represent that you own the rights to the User
Content or are otherwise authorized to post, distribute, display, perform, transmit,
or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the
Service, you agree to obey the law and to respect the intellectual property rights
of others. Your use of the Service and the Site is at all times governed by and
subject to laws regarding copyright ownership and use of intellectual property. You
agree not to upload, download, display, perform, transmit, or otherwise distribute
any information or content (collectively, "Content") in violation of any third
party’s copyrights, trademarks, or other intellectual property or proprietary
rights. You agree to abide by laws regarding copyright ownership and use of
intellectual property, and you shall be solely responsible for any violations of any
relevant laws and for any infringements of third party rights caused by any Content
you provide or transmit, or that is provided or transmitted using your User ID. The
burden of proving that any Content does not violate any laws or third party rights
rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content
available. You agree not to upload, download, display, perform, transmit, or
otherwise distribute any Content that (a) is libelous, defamatory, obscene,
pornographic, abusive, or threatening; (b) advocates or encourages conduct that
could constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or foreign law or regulation; or (c)
advertises or otherwise solicits funds or is a solicitation for goods or services.
Company reserves the right to terminate your receipt, transmission, or other
distribution of any such material using the Service, and, if applicable, to delete
any such material from its servers. Company intends to cooperate fully with any law
enforcement officials or agencies in the investigation of any violation of these
Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures
regarding allegations of copyright infringement occurring on the Site or with the
Service. Company has adopted a policy that provides for the immediate suspension
and/or termination of any Site or Service user who is found to have infringed on the
rights of Company or of a third party, or otherwise violated any intellectual
property laws or regulations. Company’s policy is to investigate any allegations of
copyright infringement brought to its attention. If you have evidence, know, or have
a good faith belief that your rights or the rights of a third party have been
violated and you want Company to delete, edit, or disable the material in question,
you must provide Company with all of the following information: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed; (b) identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works are covered
by a single notification, a representative list of such works; (c) identification of
the material that is claimed to be infringed or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit Company to locate the material; (d)
information reasonably sufficient to permit Company to contact you, such as an
address, telephone number, and if available, an electronic mail address at which you
may be contacted; (e) a statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and (f) a statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. For this notification
to be effective, you must provide it to Company’s designated agent at:
Jason M. Gracia
VantagePoint Motivation Services Inc.
2856 Cimarron Trl Suite #3
Madison, WI 53719-2444
(608) 271-8261
support(at)jasongracia.com
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the
Service and/or the Site. To ensure that Company provides a high-quality experience
for you and for other users of the Site and the Service, you agree that Company or
its representatives may access your account and records on a case-by-case basis to
investigate complaints or allegations of abuse, infringement of third party rights,
or other unauthorized uses of the Site or the Service. Company does not intend to
disclose the existence or occurrence of such an investigation unless required by
law, but Company reserves the right to terminate your account or your access to the
Site immediately, with or without notice to you, and without liability to you, if
Company believes that you have violated any of the Terms of Use, furnished Company
with false or misleading information, or interfered with use of the Site or the
Service by others.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE
SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND
ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES
PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the
damages arise out of breach of contract, tort, or any other legal theory or form of
action.
11. AFFILIATED SITES. Company has no control over, and no liability for any third
party websites or materials. Company works with a number of partners and affiliates
whose Internet sites may be linked with the Site. Because neither Company nor the
Site has control over the content and performance of these partner and affiliate
sites, Company makes no guarantees about the accuracy, currency, content, or quality
of the information provided by such sites, and Company assumes no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful content that may
reside on those sites. Similarly, from time to time in connection with your use of
the Site, you may have access to content items (including, but not limited to,
websites) that are owned by third parties. You acknowledge and agree that Company
makes no guarantees about, and assumes no responsibility for, the accuracy,
currency, content, or quality of this third party content, and that, unless
expressly provided otherwise, these Terms of Use shall govern your use of any and
all third party content.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of
the Site and the Service. You are prohibited from violating or attempting to violate
any security features of the Site or Service, including, without limitation, (a)
accessing content or data not intended for you, or logging onto a server or account
that you are not authorized to access; (b) attempting to probe, scan, or test the
vulnerability of the Service, the Site, or any associated system or network, or to
breach security or authentication measures without proper authorization; (c)
interfering or attempting to interfere with service to any user, host, or network,
including, without limitation, by means of submitting a virus to the Site or
Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d)
using the Site or Service to send unsolicited e-mail, including, without limitation,
promotions, or advertisements for products or services; (e) forging any TCP/IP
packet header or any part of the header information in any e-mail or in any posting
using the Service; or (f) attempting to modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form
any of the source code used by Company in providing the Site or Service. Any
violation of system or network security may subject you to civil and/or criminal
liability.
13. INDEMNITY. You agree to indemnify Company for certain of your acts and
omissions. You agree to indemnify, defend, and hold harmless Company, its
affiliates, officers, directors, employees, consultants, agents, and representatives
from any and all third party claims, losses, liability, damages, and/or costs
(including reasonable attorney fees and costs) arising from your access to or use of
the Site, your violation of these Terms of Use, or your infringement, or
infringement by any other user of your account, of any intellectual property or
other right of any person or entity. Company will notify you promptly of any such
claim, loss, liability, or demand, and will provide you with reasonable assistance,
at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT. All contents of Site or Service are: Copyright © 2011 Jason M. Gracia
and 2011 VantagePoint Motivation Services Inc, 2856 Cimarron Trl Suite #3, Madison,
WI 53719-2444. All rights reserved.
15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and
governed by the laws of the United States and the State of Wisconsin, without
reference to their rules regarding conflicts of law. You hereby irrevocably consent
to the exclusive jurisdiction of the state or federal courts in Madison, Wisconsin
in all disputes arising out of or related to the use of the Site or Service.
16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction
finds any term or condition in these Terms of Use to be unenforceable, all other
terms and conditions will remain unaffected and in full force and effect. No waiver
of any breach of any provision of these Terms of Use shall constitute a waiver of
any prior, concurrent, or subsequent breach of the same or any other provisions
hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
17. NO LICENSE. Nothing contained on the Site should be understood as granting you a
license to use any of the trademarks, service marks, or logos owned by Company or by
any third party.
18. WISCONSIN USE ONLY. The Site is controlled and operated by Company from its
offices in the State of Wisconsin. Company makes no representation that any of the
materials or the services to which you have been given access is available or
appropriate for use in other locations. Your use of or access to the Site should not
be construed as Company’s purposefully availing itself of the benefits or privilege
of doing business in any state or jurisdiction other than Wisconsin.
19. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a)
revise these Terms of Use; (b) modify the Site and/or the Service; and (c)
discontinue the Site and/or Service at any time. Company shall post any revision to
these Terms of Use to the Site, and the revision shall be effective immediately on
such posting. You agree to review these Terms of Use and other online policies
posted on the Site periodically to be aware of any revisions. You agree that, by
continuing to use or access the Site following notice of any revision, you shall
abide by any such revision.
20. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
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