Please read and abide by the terms and conditions of
conflictresolutiontools.com as set forth in this agreement.
You must agree to these terms and conditions prior to using or
joining conflictresolutiontools.com.
WEBSITE SERVICE AGREEMENT/TERMS OF
USE
The services that Paul Endress/Conflict Resolution Tools
provides to Visitor/Member are subject to the following Terms of Use ("TOU" or “Agreement”). Paul Endress/Conflict
Resolution Tools requires that all persons or entities visiting this Website and those that become Members agree to
the TOU.
Please read the TOU carefully before continuing on with your
use of this Website or becoming a Member of this Website. The TOU shall govern the use of the Website and apply to
all Internet traffic visiting the Website.
1. ACCEPTANCE OF TERMS AND BINDING
EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS
WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE conflictresolutiontools.com DOMAIN NAME, THE
“WEBSITE”), YOU (“Member,” “YOU” OR “YOUR”) SIGNIFY YOUR ASSENT TO THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS
PUBLISHED AT http://www.conflictresolutiontools.com/privacy-policy AND LICENSES OBTAINED FROM THE UTILIZATION OF THE WEBSITE’S
SERVICES AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU
PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY
LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU
REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS
AGREEMENT.
A. Paul Endress/Conflict Resolution Tools reserves the right
to update the TOU at any time without notice to Member.
B. The right to use conflictresolutiontools.com is personal to
Member and is not transferable to any other person or entity. Member is responsible for all use of Member's Account
(under any screen name or password) and for ensuring that all use of Member's Account complies fully with the
provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's
password(s), if any.
C. Paul Endress/Conflict Resolution Tools shall have the right
at any time to change or discontinue any aspect or feature of conflictresolutiontools.com, including, but not
limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located or published at the bottom of our Web pages. Paul
Endress/Conflict Resolution Tools shall have the right at any time to change or modify the terms and conditions
applicable to Member's use of conflictresolutiontools.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means including, but not limited to,
posting on conflictresolutiontools.com, or by electronic or conventional mail, or by any other means by which
Member obtains notice thereof. Any use of conflictresolutiontools.com by Member after such notice shall be deemed
to constitute acceptance by Member of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through the Website and its Web property, Paul
Endress/Conflict Resolution Tools provides Member with access to a variety of resources, including download areas,
software, communication forums and product information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU, the
privacy policy and licenses.
4. EQUIPMENT
Member shall be responsible for obtaining and maintaining all
telephone, computer hardware, software and other equipment needed for access to and use of
conflictresolutionwebinars.com and all charges related thereto.
5. MEMBER CONDUCT AND
PROHIBITIONS
A. Member shall use conflictresolutiontools.com for lawful
purposes only. Member shall not post or transmit through conflictresolutiontools.com any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without
Paul Endress/Conflict Resolution Tools express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by Member that in Paul Endress/Conflict Resolution Tools' discretion
restricts or inhibits any other Member from using or enjoying conflictresolutiontools.com will not be permitted.
Member shall not use conflictresolutiontools.com to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of Members to become subscribers of other on-line information services
competitive with Paul Endress/Conflict Resolution Tools.
B. Conflictresolutiontools.com contains copyrighted material,
trademarks and other proprietary information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of conflictresolutionwebinars.com are copyrighted as a
collective work under the United States copyright laws. Maximum Advantage owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content original to it. Member may not
modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any
of the content, in whole or in part. Member may download copyrighted material for Member's personal use only.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted without the express permission of
Paul Endress/Conflict Resolution Tools and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
C. Member shall not upload, post or otherwise make available
on conflictresolutiontools.com any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with Member. Member shall be solely liable for
any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such
a submission. By submitting material to any public area of conflictresolutiontools.com, Member automatically
grants, or warrants that the owner of such material has expressly granted Conflict Resolution Tools the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in
any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in
such material. Member also permits any other Member to access, view, store, or reproduce the material for that
Member's personal use. Member hereby grants Paul Endress/Conflict Resolution Tools the right to edit, copy, publish
and distribute any material made available on conflictresolutiontools.com by Member.
D. The foregoing provisions of Section 5 are for the benefit
of Paul Endress/Conflict Resolution Tools, its subsidiaries, affiliates and its third-party content providers and
licensors and each shall have the right to assert and enforce such provisions directly or on its own
behalf.
6. USE OF SERVICES AND
PROHIBITIONS
A. The Services may contain email services, bulletin board
services, blog services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to enable Member to communicate with others
(each a "Communication Service" and collectively "Communication Services"). Member agrees to use the Communication
Services only to post, send and receive messages and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a limitation, Member agrees that when using the
Communication Services, Member will not:
- Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or
information;
- Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless
Member owns or controls the rights thereto or has received all necessary consent to do the
same;
- Use any material or information, including images or
photographs, which are made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another;
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services specifically allows such
messages;
- Download any file posted by another Member of a
Communication Service that Member knows, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner;
- Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other Member from using and
enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others,
including email addresses;
- Violate any applicable laws or
regulations;
- Create a false identity for the purpose of misleading
others;
- Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of Members of the Services or other Member or usage
information or any portion thereof.
B. Paul Endress/Conflict Resolution Tools has no obligation to
monitor the Communication Services. However, Paul Endress/Conflict Resolution Tools reserves the right to review
materials posted to the Communication Services and to remove any materials in its sole discretion. Paul
Endress/Conflict Resolution Tools reserves the right to terminate Member’s access to any or all of the
Communication Services at any time, without notice, for any reason whatsoever. Paul Endress/Conflict Resolution
Tools reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Paul Endress/Conflict Resolution Tools sole discretion.
C. Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or dissemination. Member is responsible for adhering to
such limitations if Member downloads the materials.
D. Always use caution when giving out any personally
identifiable information in any Communication Services. Paul Endress/Conflict Resolution Tools does not control or
endorse the content, messages or information found in any Communication Services and, therefore, Paul
Endress/Conflict Resolution Tools specifically disclaims any liability with regard to the Communication Services
and any actions resulting from Member’s participation in any Communication Services. Managers and hosts are not
authorized Paul Endress/Conflict Resolution Tools spokespersons, and their views do not necessarily reflect those
of Paul Endress/Conflict Resolution Tools/Maximum Advantage.
7. MEMBER ACCOUNT, PASSWORD, AND
SECURITY
If any of the Services requires Member to open an account,
Member must complete the registration process by providing Paul Endress/Conflict Resolution Tools with current,
complete and accurate information as prompted by the applicable registration form as well as agree to all terms the
Services. Member also will choose a password and a Member name. Member is entirely responsible for maintaining the
confidentiality of Member’s password and account. Furthermore, Member is entirely responsible for any and all
activities that occur under Member’s account. Member agrees to notify Paul Endress/Conflict Resolution Tools
immediately of any unauthorized use of Member’s account or any other breach of security. Paul Endress/Conflict
Resolution Tools will not be liable for any loss that Member may incur as a result of someone else using Member’s
password or account, either with or without Member’s knowledge. However, Member could be held liable for losses
incurred by Paul Endress/Conflict Resolution Tools or another party due to someone else using Member’s account or
password. Member may not use anyone else's account at any time, without the permission of the account
holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEBSITE
A. Any software that is made available to download from the
Services ("Software") is the copyrighted work of Paul Endress/Conflict Resolution Tools and/or its suppliers. Use
of the Software is governed by the TOU or any accompanying license agreement.
B. The Software is made available for download solely for use
or personal use by end Members according to the TOU or any accompanying license agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. The Software is made available for download solely for use or
personal use by end Members according to the accompanying license agreement. Violators will have their licenses,
provided with each product download, revoked if they do not follow these terms and will be prosecuted to the
maximum extent possible.
C. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH
SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, PAUL ENDRESS/CONFLICT RESOLUTION TOOLS HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
D. FOR YOUR CONVENIENCE, PAUL ENDRESS/CONFLICT RESOLUTION
TOOLS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. PAUL ENDRESS/CONFLICT RESOLUTION TOOLS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS
WEBSITE
A. Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears
in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from
the Services is for informational and non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and state community colleges, may download
and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express
written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
B. PAUL ENDRESS/CONFLICT RESOLUTION TOOLS AND/OR THEIR
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PAUL ENDRESS/CONFLICT RESOLUTION TOOLS AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL PAUL ENDRESS/CONFLICT RESOLUTION TOOLS AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
C. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PAUL ENDRESS/CONFLICT RESOLUTION TOOLS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS SITE
IN NO EVENT SHALL PAUL ENDRESS/CONFLICT RESOLUTION TOOLS
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO PAUL ENDRESS/CONFLICT
RESOLUTION TOOLS OR POSTED AT ANY OF ITS WEBSITES
A. Paul Endress/Conflict Resolution Tools does not claim
ownership of the materials Member provide to Paul Endress/Conflict Resolution Tools (including feedback and
suggestions) or post, upload, input or submit to any Services or its associated services for review by the general
public, or by the Members of any public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") Member’s Submission Member is
granting Paul Endress/Conflict Resolution Tools, its affiliated companies and necessary sublicensees permission to
use Member’s Submission in connection with the operation of their Internet businesses (including, without
limitation, all Paul Endress/Conflict Resolution Tools Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
Member’s Submission; to publish Member’s name in connection with Member’s Submission; and the right to sublicense
such rights to any supplier of the Services. No compensation will be paid with respect to the use of Member’s
Submission, as provided herein. Paul Endress/Conflict Resolution Tools is under no obligation to post or use any
Submission Member may provide and Paul Endress/Conflict Resolution Tools may remove any Submission at any time in
its sole discretion. By Posting a Submission Member warrants and represents to own or otherwise control all of the
rights to Member’s Submission as described in these TOU Use including, without limitation, all the rights necessary
for Member to provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), Member warrant and represent that (a) Member is the copyright owner of such Images, or that
the copyright owner of such Images has granted Member permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of Member’s use and as otherwise permitted by these
TOU and the Services, (b) Member have the rights necessary to grant the licenses and sublicenses described in these
Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the
Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, Member is granting (a) to all Members of Member’s
private community (for each such Images available to Members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a private community), permission to use
Member’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat Member’s Images without having Member’s name
attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at the time Member completely remove such Images
from the Services, provided that, such termination shall not affect any licenses granted in connection with such
Images prior to the time Member completely remove such Images. No compensation will be paid with respect to the use
of Member’s Images.
C. Paul Endress/Conflict Resolution Tools is a distributor
(and not a publisher) of content supplied by third parties and Members. Accordingly, Paul Endress/Conflict
Resolution Tools has no more editorial control over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made
available by third parties, including information providers, Members or any other Member of
conflictresolutiontools.com, are those of the respective author(s) or distributor(s) and not of Paul
Endress/Conflict Resolution Tools. Neither Paul Endress/Conflict Resolution Tools nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
12. NOTICE TO PARENTS AND
CHILDREN
We adhere to the Children's Privacy Act. You must be 18 years
of age to join or use conflictresolutiontools.com or any of the recommended or linked sites. This site follows the
guidelines, policies and laws of the Federal Trade Commission (www.ftc.gov). We retain the right to refuse anyone membership in any of our
sites.
13. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY
LAWS
When accessing the Website or using the Services, you agree to
obey the law and to respect the intellectual property rights of others. Your use of the Services and the Website 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 Materials 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
Materials you provide or transmit, or that is provided or transmitted using your Member ID. The burden of proving
that any Materials do not violate any laws or third party rights rests solely with you.
14. DISCLAIMER OF WARRANTY; LIMITATION OF
LIABILITY
A. MEMBER EXPRESSLY AGREES THAT USE OF
CONFLICTRESOLUTIONTOOLS.COM IS AT MEMBER'S SOLE RISK. NEITHER CONFLICT RESOLUTION TOOLS, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
CONFLICTRESOLUTIONTOOLS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF CONFLICTRESOLUTIONTOOLS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CONFLICTRESOLUTIONTOOLS.COM.
B. CONFLICTRESOLUTIONTOOLS.COM IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THIS SECTION APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
MEMBER SPECIFICALLY ACKNOWLEDGES THAT PAUL ENDRESS/CONFLICT RESOLUTION TOOLS IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH MEMBER.
D. IN NO EVENT WILL PAUL ENDRESS/CONFLICT RESOLUTION TOOLS, OR
ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CONFLICTRESOLUTIONTOOLS.COM SOFTWARE, BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CONFLICTRESOLUTIONTOOLS.COM. MEMBER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PAUL
ENDRESS/CONFLICT RESOLUTION TOOLS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CONFLICTRESOLUTIONTOOLS.COM, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, MEMBERS ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. PAUL
ENDRESS/CONFLICT RESOLUTION TOOLS, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, PAUL ENDRESS/CONFLICT RESOLUTION
TOOLS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES
RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN
(15) CALENDAR DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY
SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
15. NO INCOME GUARANTEE
Paul Endress/Conflict Resolution Tools makes no claim
regarding income guarantees or results from using its products, workshops, services, recommendations or any partner
services. You are joining conflictresolutiontools.com as a Member and if you so desire, you may upgrade to paid
membership. However this is not mandatory and you will have complete access to all free download resources and
information as a free member.
16. LINKS TO THIRD PARTY
SITES
A. SOME OF THE LINKS IN THIS WEB SITE WILL LET YOU LEAVE THE
CONFLICT RESOLUTION TOOLS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PAUL ENDRESS/CONFLICT RESOLUTION
TOOLS AND PAUL ENDRESS/CONFLICT RESOLUTION TOOLS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PAUL ENDRESS/CONFLICT RESOLUTION TOOLS IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PAUL ENDRESS/CONFLICT
RESOLUTION TOOLS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY PAUL ENDRESS/CONFLICT RESOLUTION TOOLS OF THE SITE OR ITS CONTENT.
B. Paul Endress/Conflict Resolution Tools is a distributor
(and not a publisher) of content supplied by third parties and Members. Accordingly, Paul Endress/Conflict
Resolution Tools has no more editorial control over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made
available by third parties, including information providers, Members or any other Member of
conflictresolutiontools.com, are those of the respective author(s) or distributor(s) and not of Paul
Endress/Conflict Resolution Tools and neither Paul Endress/Conflict Resolution Tools nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose.
C. In many instances, the content available through
conflictresolutiontools.com represents the opinions and judgments of the respective information provider, Member,
or other Member not under contract with Paul Endress/Conflict Resolution Tools neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement made on conflictresolutiontools.com by anyone
other than authorized Conflict Resolution Tools/Maximum Advantage employee spokespersons while acting in their
official capacities. Under no circumstances will Paul Endress/Conflict Resolution Tools be liable for any loss or
damage caused by a Member's reliance on information obtained through conflictresolutiontools.com. It is the
responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice
or other content available through Paul Endress/Conflict Resolution Tools. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information, opinion, advice or other
content.
17. UNSOLICITED IDEA SUBMISSION
POLICY
PAUL ENDRESS/CONFLICT RESOLUTION TOOLS OR ANY OF ITS EMPLOYEES
DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN PAUL ENDRESS/CONFLICT RESOLUTION TOOLS' PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO PAUL ENDRESS/CONFLICT RESOLUTION TOOLS.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PAUL
ENDRESS/CONFLICT RESOLUTION TOOLS OR ANYONE AT PAUL ENDRESS/CONFLICT RESOLUTION TOOLS. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PAUL ENDRESS/CONFLICT
RESOLUTION TOOLS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
18. PRIVACY POLICY
Paul Endress/Conflict Resolution Tools respects your privacy
and permits Members to control the treatment of personal information. A complete statement of Paul Endress/Conflict
Resolution Tools' current Privacy Policy can be reviewed by clicking on the "Privacy Policy" hypertext link located
or published at the bottom of our Web pages.
19. MONITORING
Paul Endress/Conflict Resolution Tools shall have the right,
but not the obligation, to monitor the content of conflictresolutiontools.com, including chat rooms and forums, to
determine compliance with this Agreement and any operating rules established by Paul Endress/Conflict Resolution
Tools and to satisfy any law, regulation or authorized government request. Paul Endress/Conflict Resolution Tools
shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted
on conflictresolutiontools.com. Without limiting the foregoing, Paul Endress/Conflict Resolution Tools shall have
the right to remove any material that Paul Endress/Conflict Resolution Tools, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
20. INDEMNIFICATION
Member agrees to defend, indemnify and hold harmless Paul
Endress/Conflict Resolution Tools, its affiliates and their respective directors, officers, employees and agents
from and against all claims and expenses, including attorneys' fees, arising out of the use of Paul
Endress/Conflict Resolution Tools by Member or Member's Account.
21. TERMINATION
Either Paul Endress/Conflict Resolution Tools or Member may
terminate this Agreement at any time. Without limiting the foregoing, Paul Endress/Conflict Resolution Tools shall
have the right to immediately terminate Member's Account in the event of any conduct by Member which Paul
Endress/Conflict Resolution Tools, in its sole discretion, considers to be unacceptable, or in the event of any
breach by Member of this Agreement.
22. PAYMENTS AND REFUND
POLICY
A. Members are charged for Services. If you pay someone other
than us for these Services, then the charges and billing terms are as stated by the other company or third-party.
Even if you do not pay for the some of the Services, you may still incur charges incidental to using the Services;
for example, charges for Internet access, mobile text messaging, or other data transmission. The price for the
Services will be assed all applicable taxes and charges unless stated otherwise. These taxes and charges are your
responsibility. Currency exchange settlements are based on your agreement with your payment method provider. Paul
Endress/Conflict Resolution Tools reserves the right to change pricing from time to time, but it will be posted on
the Website before you incur any billing. If you do not agree to these changes, then you must cancel and stop using
the Website before the changes take place.
B. When you create an account, you enter your payment method.
You must be authorized to use the payment method. You authorize Paul Endress/Conflict Resolution Tools/Maximum
Advantage to charge you for the Services using your payment method and for any paid feature of the Services for
which you choose to sign-up for. Paul Endress/Conflict Resolution Tools/Maximum Advantage may bill you for more
than one of your prior billing periods together.
C. Paul Endress/Conflict Resolution Tools will provide you
with an online billing statement accessible online through your Member Account. This is the only billing statement
that Paul Endress/Conflict Resolution Tools provides. If you request a paper copy, Paul Endress/Conflict Resolution
Tools may charge you a retrieval fee. Paul Endress/Conflict Resolution Tools will only provide paper copies for the
past 120 days. If Paul Endress/Conflict Resolution Tools makes an error on your bill, Paul Endress/Conflict
Resolution Tools will correct it promptly after you tell us and Paul Endress/Conflict Resolution Tools investigates
the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all
liability and claims of loss resulting from any error that you do not report to us within 120 days after the error
first appears on your online statement. If you do not tell us within this time, Paul Endress/Conflict Resolution
Tools will not be required to correct the error. /Conflict Resolution Tools can correct billing errors at any
time.
D. You may cancel your conflictresolutiontools.com membership
at anytime you desire, however there will be no refunds for any charges processed within 36 hours of your
cancellation notice. The act of canceling can be made via email or using the cancellation form inside the member
area, however the act of canceling does not constitute an automatic cancellation of your billing. If you cancel
after a payment has been processed, there will be no refunds for that payment. Cancellation requests must contain
your name, username and date joined. If any of this information is missing, the cancellation request may not be
processed and you are liable for all membership fees until conflictresolutiontools.com receives required
information. Membership fees are annual for Silver membership and lifetime for Gold membership. Lifetime
constitutes the lifetime of the member or conflictresolutiontools.com.
E. Conflictresolutiontools.com reserves the right to cancel
any member for reasons that it feels are detrimental to the site, its members, its partners or the future success
of itself. Cancellations performed by conflictresolutiontools.com are final and any restitution will be the
membership fee paid within the past 30 days based on a prorated basis less a $50.00 processing
fee.
23. ENTIRE AGREEMENT
This Agreement and the privacy policy, licenses and any
operating rules for conflictresolutiontools.com established by Paul Endress/Conflict Resolution Tools constitute
the entire agreement of the parties and supersede all previous written or oral agreements between the
parties.
24. ARBITRATION
Each party to this Agreement expressly agrees that all
disputes, claims or controversies that exist or may come to exist between them including, without limitation, all
disputes, claims or controversies that exist or may arise out of, under or in connection with this Agreement, first
to binding arbitration located in Dauphin County, Pennsylvania, United States in accordance with the Commercial
Arbitration Procedures of the American Arbitration Association. The parties agree that judgment upon the
arbitration award will be final, binding and conclusive upon each party and may be entered into any court having
jurisdiction. In the case of action under this Section, the prevailing party shall be entitled to recover its costs
of the proceeding, including reasonable attorneys' fees and out of pocket expenses.
25. CHOICE OF LAW, VENUE AND
FORUM
The TOU, the privacy policy, licenses and any operating rules
for conflictresolutiontools.com shall be construed in accordance with and governed by the laws of the United States
and the State of Nevada, without reference to their rules regarding conflicts of law. You hereby irrevocably
consent to the exclusive jurisdiction of the state or federal courts in Dauphin County, Pennsylvania, United States
in all disputes arising out of or related to the use of the Website or Services
26. SEVERABILITY
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.
27. WAIVER
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.
28. HEADINGS
The section headings used herein are for convenience only and
shall not be given any legal importance.
29. COPYRIGHT
All contents of Website or Services are: © 2010 Paul
Endress/Conflict Resolution Tools. All rights reserved.
30. TRADEMARKS
Paul Endress/Conflict Resolution Tools and all associated
logos are trademarks of Paul Endress. All other trademarks, names of actual companies and products appearing on
mentioned herein on the Website are the property of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name, email address, logo, person, or event is intended or
should be inferred.
31. NO LICENSE
Nothing contained on the Website should be understood as
granting you a license to use any of the trademarks, service marks, logos and the like owned by Paul
Endress/Conflict Resolution Tools or by any third party.
32. NOTICES
Any notices to Paul Endress/Conflict Resolution Tools shall be
given by email to admin @ conflictresolutiontools.com and by certified mail, return receipt requested Paul
Endress/Conflict Resolution Tools, 4800 Linglestown Road, Suite 201, Harrisburg, PA, 17112, United States, and as
may be otherwise directed by Paul Endress/Conflict Resolution Tools. Any notice to Members shall be sent by email
to the email address provided by the Member. Email notices to a Member shall be deemed delivered twenty-four (24)
hours from the time the email is sent. Notices to Paul Endress/Conflict Resolution Tools shall be deemed delivered
five (5) calendar days after sent by certified mail.
33. COPYRIGHT INFRINGEMENT
Paul Endress/Conflict Resolution Tools has in place certain
legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the
Services. Paul Endress/Conflict Resolution Tools has adopted a policy that provides for the immediate suspension
and/or termination of any Website or Services Member who is found to have infringed on the rights of Paul
Endress/Conflict Resolution Tools or of a third party, or otherwise violated any intellectual property laws or
regulations. Paul Endress/Conflict Resolution Tools' 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 Paul Endress/Conflict Resolution Tools to delete, edit,
or disable the material in question, you must provide Paul Endress/Conflict Resolution Tools 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 Paul Endress/Conflict Resolution Tools to locate the material; (d) information reasonably sufficient to
permit Paul Endress/Conflict Resolution Tools 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 the Copyright Infringement Unit, admin @
conflictresolutiontools.com and by certified mail, return receipt requested Paul Endress/Conflict Resolution Tools,
4800 Linglestown Road, Suite 201, Harrisburg, PA 17112, United States.
34. ACKNOWLEDGEMENT BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS OF USE AND AGREE TO BE BOUND BY THEM. Any rights not expressly granted herein are reserved.
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