Value of the Wise, LLC (“Values of the Wise”) provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at ValuesOfTheWise.com or any other web sites (collectively, the “Site”) operated by Values of the Wise, you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Values of the Wise. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Values of the Wise without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Values of the Wise™ name or trademarks without the express written consent of Values of the Wise. Any unauthorized use terminates the license granted by Values of the Wise. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ValuesOfTheWise.com so long as the link does not portray Values of the Wise, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Values of the Wise™ logo or other proprietary graphic or trademark as part of the link without express written permission.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to: (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Values of the Wise employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
3. Usage and Monitoring
Values of the Wise does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Values of the Wis does not sell products for children. If you are under 18, you may use the Site only with involvement of a parent or guardian. Values of the Wise reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While Values of the Wise has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, Values of the Wise reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Values of the Wise, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the Site to anyone at any time.
If you do post or submit content, and unless indicated otherwise, you grant Values of the Wise a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Values of the Wise the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Values of the Wise for all claims resulting from content you supply. Values of the Wise respects the intellectual property of others. IF YOU BELIEVE YOUR MATERIAL EXCEEDS “FAIR USE” AND VIOLATES COPYRIGHT INFRINGEMENT, PLEASE NOTIFY US IMMEDIATELY. No copyright infringement is intended.
4. Privacy
Your use of the Site constitutes your consent to the Values of the Wise privacy policy posted at ValuesOfTheWise.com which is updated from time to time.
5.Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of Values of the Wise or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Values of the Wise and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
6. Trademark Ownership
VALUES OF THE WISE™, VOW™, ANCIENT WISDOM AND PROGRESSIVE THINKING BROUGHT TO LIFE™, THE WISE GUY™, THE VALUES DIVIDE™, VALUES IN ACTION™, ETHICS IN ACTION™, WISE UP!™, VALUESFIRST™, WORDS OF WISDOM™, VOICES OF WISDOM™, VALUES AND ETHICS: FROM LIVING ROOM TO BOARD ROOM™, LIVE A LIFE OF VALUE™, LIVING A LIFE OF VALUE™, BUILD A LIFE OF VALUE™, BUILDING A LIFE OF VALUE™ and other related trademarks and service marks are the property of Values of the Wise and are protected by United States and international trademark law. They may not be used without written permission from Values of the Wise and all rights are reserved.
7. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Values of the Wise has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Values of the Wise is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Values of the Wise reserves the right to terminate any link at any time.
8. Purchases
All items purchased from Values of the Wise are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9. Disclaimer and Limitation of Damages
(a) VALUES OF THE WISE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY VIRUSES OR OTHER CONTAMINATION OF YOUR COMPUTER SYSTEM OR OTHER DEVICE USED TO ACCESS THE SITE AS A RESULT OF YOUR USE OF THE SITE. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VALUES OF THE WISE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL VALUES OF THE WISE, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE’S CONTENT BE LIABLE FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE. WHILE SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW, VALUES OF THE WISE EXCLUDES ALL WARRANTIES.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Values of the Wise reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time. Neither Values of the Wise nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
10. Indemnification
You agree to indemnify and hold Values of the Wise and its parent companies, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
11. Copyright
To submit a copyright infringement notification pursuant to the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent at jasonmerchey@icloud.com with the following information (see 17 U.S.C § 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Applicable Laws
Values of the Wise operates the Site from its offices in South Carolina and makes no representations that materials on the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Values of the Wise to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. You irrevocably consent to venue and personal jurisdiction in the state and federal courts located in and for Los Angeles County, California and any action brought in connection with the Site, Site content or purchases shall be brought in the state or federal courts located in Los Angeles, California. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Values of the Wise or any of its officers, employees, agents or representatives, such as where notice to Values of the Wise is required by contract, or any federal, state or local laws, rules or regulations.
