Last Update: July 1, 2014
1. Parties. The parties to this Agreement are you, a visitor to this web site (“You”), and the owner and operator of this web site: Realities of Creation (“ROC”), Jean Adrienne and Leslie Amerson. All references to “us”, “we”, “this web site” or “this site” shall be construed to mean ROC, Jean Adrienne and Leslie Amerson. If the user is not an individual, then “You” means Your company, its officers, members, agents, successors and assigns.
3. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on ROC, Jean Adrienne and Leslie Amerson ‘s infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.
4. Compliance with Laws. You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site.
5. Separate License Agreement(s). You may acquire any software and/or content from ROC, Jean Adrienne and Leslie Amerson by download from this site, or otherwise directly from ROC, Jean Adrienne and Leslie Amerson. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).
7. Postings To This Site.
7.1 Postings To Blog. We will not treat information that you post to the blog on this site as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
7.2 Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7.3 Copyright Infringement; The Digital Millennium Copyright Act Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Realities of Creation.
P O Box 1503
Blairsville, GA 30514
Agent’s Name/Email Address: Jean Adrienne, email@example.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
8. Copyrights. The copyright in all material provided on this site is owned by ROC, Jean Adrienne and Leslie Amerson or by ROC, Jean Adrienne and Leslie Amerson’s licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of ROC, Jean Adrienne and Leslie Amerson or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. ROC, Jean Adrienne and Leslie Amerson does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ROC, Jean Adrienne and Leslie Amerson or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
9. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of ROC, Jean Adrienne and Leslie Amerson and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. Roc, Jean Adrienneand Leslie Amerson aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. ROC, Jean Adrienne and Leslie Amerson prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any ROC, Jean Adrienne and Leslie Amerson site unless establishment of such a link is approved in advance by ROC, Jean Adrienne and Leslie Amerson in writing. If You have any questions regarding any trademarks on the site, please contact ROC, Jean Adrienne and Leslie Amerson.
9.1 Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use our logo, our trademark, or our name or trademarks, or other proprietary graphic image in the link without our prior written permission.
10. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site (“Advertisers”). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. Realitiesofcreation.com shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
11. Monitoring. You acknowledge that ROC, Jean Adrienne and Leslie Amerson or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. ROC, Jean Adrienne and Leslie Amerson, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which ROC, Jean Adrienne and Leslie Amerson deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.
12. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR ANY SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS FROM ROC, JEAN ADRIENNE AND LESLIE AMERSON AND ITS INFORMATION PROVIDERS, ROC, JEAN ADRIENNE AND LESLIE AMERSON AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS S ITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF ROC, JEAN ADRIENNE AND LESLIE AMERSON AND ROC, JEAN ADRIENNE AND LESLIE AMERSON’S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR ROC, JEAN ADRIENNE AND LESLIE AMERSON IS ENGAGED IN PROVIDING PROFESSIONAL LEGAL OR ACCOUNTING OR MEDICAL SERVICES OR LEGAL OR ACCOUNTINGOR MEDICAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL, ACCOUNTING AND/OR MEDICAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT RELATIONSHIP OR ACCOUNTANT-CLIENT RELATIONSHIP OR MEDICAL-CLIENT RELATIONSHIPIS INTENDED NOR CREATED THROUGH YOUR USE OF THIS SITE, ROC, JEAN ADRIENNE OR LESLIE AMERSON, OR THE CONTENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF ROC, JEAN ADRIENNE AND LESLIE AMERSON NOR ROC, JEAN ADRIENNE AND LESLIE AMERSON’S AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROC, JEAN ADRIENNE AND LESLIE AMERSON OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. LIMITED LIABILITY. ROC, JEAN ADRIENNE AND LESLIE AMERSON AND ALL OF ROC, JEAN ADRIENNE AND LESLIE AMERSON’s AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO ROC, JEAN ADRIENNE AND LESLIE AMERSON, IF ANY, FOR THE SERVICE, ANY SOFTWARE OR CONTENT AT ISSUE.
14. Indemnity. You shall defend, indemnify, and hold harmless ROC, Jean Adrienne and Leslie Amerson and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from your failure to have any documents drafted through this site reviewed by your attorney acting within an attorney-client relationship or your accountant acting within an accountant-client relationship or your doctor acting within a medical-client relationship.
15. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of ROC, Jean Adrienne and Leslie Amerson and each of ROC, Jean Adrienne and Leslie Amerson’s content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
16. Termination. You agree that ROC, Jean Adrienne and Leslie Amerson may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if ROC, Jean Adrienne and Leslie Amerson believes that You have violated or acted inconsistently with the letter or spirit of this agreement. ROC, Jean Adrienne and Leslie Amerson reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that ROC, Jean Adrienne and Leslie Amerson shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.
17. Consumer Rights. ROC, Jean Adrienne and Leslie Amerson maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. You may contact ROC, Jean Adrienne and Leslie Amerson with complaints and inquiries regarding pricing and ROC, Jean Adrienne and Leslie Amerson will investigate those matters and respond to the inquiries.All correspondence should be addressed to ROC, Jean Adrienne and Leslie Amerson’’s agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
P O Box 1503
Blairsville, GA 30514
Agent’s Name/Email Address: Jean Adrienne, firstname.lastname@example.org
18. Controlling Law. This Agreement shall be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Jurisdiction And Venue. You and ROC, Jean Adrienne and Leslie Amerson agree to submit to the exclusive personal jurisdiction of the courts of Union County in the State of Georgia, USA in all legal proceedings that are that are not arbitrated under this Agreement .
20. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.