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TERMS AND CONDITIONS OF USE


THE OWNERS OF THIS WEBSITE DISCLAIM ANY WARRANTIES (EXPRESS OR IMPLIED), MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE OWNERS OF THIS WEBSITE, NOR THEIR AFFILIATES, AGENTS, LICENSORS OR EMPLOYEES SHALL IN NO EVENT BE HELD LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OR MISUSE OF THIS MATERIAL, WHICH IS PROVIDED "AS IS," AND WITHOUT WARRANTIES.

We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we've accomplished that and would ask that you let us know if you'd like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don't agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the NURSERYRHYMEFAVORITES.COM Web site means that you accept those changes.

THANKS AGAIN FOR VISITING!

Restrictions on Use of Our Online Materials

All Online Materials on the NURSERYRHYMEFAVORITES.COM site, including, without limitation - text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips or files, videos, DVDs, teleseminars, and music are copyrighted intellectual property. All usage rights are copyrighted intellectual property owned and controlled by NURSERYRHYMEFAVORITES.COM.

NO MATERIAL from any web site owned, operated, licensed, or controlled by NURSERYRHYMEFAVORITES.COM may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our express written permission.

You, the visitor, may download selected Online Materials for non-commercial, personal use only provided you:
  1. retain all copyright, trademark and propriety notices
  2. you make no modifications to the materials
  3. you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
  4. you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.

You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the NURSERYRHYMEFAVORITES.COM web site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by NURSERYRHYMEFAVORITES.COM or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software or intellectual property to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us

NURSERYRHYMEFAVORITES.COM appreciate hearing from customers and visitors and welcomes your comments regarding our products, services and events, including this site. While we value your feedback we request that you be specific in your comments on those services and products only, and do not submit any creative ideas, suggestions, or materials you wish to remain proprietary. All remarks, suggestions, ideas, graphics, comments, or any other information that you send to NURSERYRHYMEFAVORITES.COM through our site, by electronic mail or otherwise will be treated as non-confidential and non-proprietary (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated.

That means that we don't have to treat any such submission as confidential. Anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting and posting. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or events using such information. You can't sue us for using ideas you submit. If we use them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our NURSERYRHYMEFAVORITES.COM mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Return and Refund Policy

Subscription fees and pay-per-view fees are non-refundable. Workshop fees are refundable up to 30 days prior to the event. Registration fees are transferable to other events and/or services, on a per case basis up to 30 days prior to the event at a $100 processing fee. Fees are transferable to other events from 30 days prior to 5 days prior for a $100 processing fee and 35% of the amount paid for the event(s). Fees are non-transferable and non-refundable from 5 days prior to an event through the event. In most instances, someone other than the registrant may be substituted for the original registrant and may attend in their place at no additional charge, except for a $100 substitution fee.

Products are backed by their original manufacturer's guarantee and warranty. In addition, products we personally manufacture or assemble under our private label(s) are guaranteed and warranted to 100% satisfaction if returned within 90 days. Some are guaranteed and warranted to 100% satisfaction to 1 year. All product returns are done so at the cost of shipping expense to the sender, unless otherwise agreed in writing by NURSERYRHYMEFAVORITES.COM. No returns are to be made without first contacting NURSERYRHYMEFAVORITES.COM to receive return approval and a shipping destination slip.

Any ongoing coaching, subscription, private practice, group practice, or other variations on time-purchased services are considered refundable to the unused portion of paid-in-full subscriptions, or the unused portion of the month — pro-rated.

Limitation of Liability

NURSERYRHYMEFAVORITES.COM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE OR ANY PROGRAM, PLAN, INSTRUCTIONS OR SUGGESTIONS TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
USE OF (OR INABILITY TO USE) ANY SUPPLEMENT, NUTRITIONAL, HERBAL, DETOXIFICATION OR ENVIRONMENTAL PRODUCT OR PROGRAM, SKIN OR HAIR CARE PRODUCT, FITNESS OR EXERCISE PLAN, EBOOK, MUSIC, AUDIO, VIDEO, DVD, BROADCAST OR ANY MEDIA MENTIONED ON THIS SITE

PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")


OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

Links to Other Sites

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a NURSERYRHYMEFAVORITES.COM-operated site or have moved to another site. NURSERYRHYMEFAVORITES.COM is not responsible for the content or practices of third party sites that may be linked to our site. When NURSERYRHYMEFAVORITES.COM provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that NURSERYRHYMEFAVORITES.COM is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any NURSERYRHYMEFAVORITES.COM site or endorsement, sponsorship or support of NURSERYRHYMEFAVORITES.COM, including its respective employees, agents or directors.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all NURSERYRHYMEFAVORITES.COM Web site, along with all related documentation and all copies and installations. NURSERYRHYMEFAVORITES.COM may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And NURSERYRHYMEFAVORITES.COMis entitled to terminate all or any part of any of its Web site without notice to you.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate NURSERYRHYMEFAVORITES.COM and/or its affiliates' intellectual property rights, NURSERYRHYMEFAVORITES.COM and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Placer County, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Placer County, California, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

NURSERYRHYMEFAVORITES.COM may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.


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