Terms and Conditions of Use
Terms and Conditions last revised August 1, 2010
Welcome, and thank you for visiting PathFinder (Site Owner) owned website,
cheryloneil.com (the Site). Please read these Terms & Conditions carefully
and be sure you understand them before using this website.
By using the Site in any manner, you accept and agree to be bound by and to
comply with all terms of this user agreement. If you do not agree to these
terms & conditions of use, please do not use the Site.
Privacy
Please review our Privacy Notice, which also governs your visit to our
website, to understand our privacy practices.
Terms & Conditions, Privacy Policy, and any other disclaimers, terms,
conditions, policies, rules, guidelines and notices which apply to the site
or a specific section of the site are subject to unilateral amendment,
update, and change without notice to you. It is important that you review
these Terms & Conditions each time you visit the Site, because your
continued use of the Site is your agreement and acceptance of any posted
changes.
Parental Consent
If you are under 18 years of age, please don't use the site unless you
provide us with verifiable legal parental or guardian consent to uphold
these Terms & Conditions. The Site does not seek nor knowingly collect any
personal information from minors under the age of 13, so please don't use
the site or submit any personally identifiable information if you are under
13 years of age.
By using this site, you represent and warrant that you have the right,
authority and capacity to enter into this Agreement and to abide by the
terms and conditions.
Copyright
All content included on this site, such as text, artwork, graphics,
photographs, logos, button icons, images, audio clips, video clips, digital
downloads, data compilations, trademarks, and software, (collectively
"materials") is the sole property of the Site Owner, its licensors, or its
content suppliers, and protected by the U.S. and international copyright
laws, trademark, and unfair competition. The compilation of all content on
this site is the exclusive property of the Site, with copyright authorship
for this collection by The Site, and protected by international copyright
laws.
Trademarks
The trademarks, trade dress, names, logos and service marks (collectively
"trademarks") displayed on the Site are registered and unregistered
trademarks of the Site Owner. Nothing contained on this website should be
construed as granting any license or right to use any trademark without the
prior written permission of the Site Owner. All other trademarks not owned
by the Site Owner or its subsidiaries that appear on the Site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by the Site or its subsidiaries.
Site Use
The content on the Site is for informational and educational purposes, to
let you know about our services, programs, and products, and is for your
personal, non-commercial use only. The Site grants you access to make
personal use of this website and not to download, or modify it, or any
portion of it, except with express written consent of the Site Owner. This
access does not include any resale or commercial use of this site or its
contents: any collection and use of any information, product listings,
descriptions, or prices: any derivative use of this site or its contents:
any downloading or copying of account information for the benefit of
another: or any use of data mining, robots, or similar data gathering and
extraction tools. This Site or any portion of this Site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of the
Site Owner. 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 the Site and our associates or partners without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing the Site's name or trademarks without the express written
consent of the Site Owner. Any unauthorized use terminates the permission
granted by the Site Owner. You may, print a copy of individual web pages
solely for your personal, non commercial use or records, provided that any
marks, logos, copyright notices or other legends, or proprietary notices
that appear on the copied web page remain, and are not deleted from the
copied web pages; and provided that the copy is reproduced in its entirety,
in its original form; and that you may not edit it or otherwise change the
content. All title and intellectual property rights in and to the content of
the linked sites are the property of the respective content owner and may be
protected by applicable copyright law or other intellectual property laws
and treaties. All copies include a statement that the material was
reproduced from cheryloneil.com. All copies include the following notice, C
2010 PATHFINDER. All Rights Reserved. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of the Site so
long as the link does not portray the Site, its associates, or partners, or
their products or services in a false, misleading, derogatory, or otherwise
offensive matter, nor imply an endorsement or association. You may not use
any Site logo or other proprietary graphic or trademark as part of the link
without express written permission.
Accounts
Visitors can access the Site without registering and opening an account.
Opening an account may be required to access certain areas of the site. To
open an account, accurate, complete, and current information is required.
You may not use the account of another user. You are solely responsible for
securely maintaining the confidentiality of your account, password, and ID,
and for restricting access to the computer and other devices you use to
access the site, and you agree to accept responsibility for all activities
that occur under your account, or password. The Site Owner is not liable for
any unauthorized use of your account, you may have liability to the Site or
other users for losses caused by unauthorized use of your ID or password.
Report any unauthorized use of your account to the Site Owner immediately.
The Site Owner and its associates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
Users are prohibited from posting or transmitting harmful or illegal
content, interfering with the site's operation, trying to hack into
pass-word protected areas, and taking actions that will create an
unreasonably large load on the web site's infrastructure.
Comments, Questions, Emails, and Other Content
Users may be able to post comments, questions, and submit emails so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, sell or promote products or
services, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of material or content. The
Site Owner reserves the right (but not the obligation) to remove or edit
such content, but does not regularly review posted content. If you do post
content or submit material, and unless we indicate otherwise, you grant the
Site Owner and its associates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully license the 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 the Site Owner and
its associates and licensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post:
that the content is accurate: that use of the content you supply does not
violate this policy and will not cause injury to any person or entity: and
that you will indemnify the Site Owner or its associates for all claims
resulting from content you supply. The Site Owner has the right but not the
obligation to monitor and edit or remove any activity or content. The Site
Owner takes no responsibility and assumes no liability for any content
posted by you or any third party.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract.
This basically means that the risk of loss and title for such items pass to
you upon our delivery to the carrier.
Product Descriptions
The Site Owner and its associates attempt to be as accurate as possible.
However, The Site Owner does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by the Site itself is not as described,
your sole remedy is to return it in unused condition.
External links
External links may be provided for your convenience, but they are beyond our
control and the Site owner makes no warrants or representation as to their
content, terms, privacy policy, accuracy or functioning. Links do not imply
an endorsement or association. Use or reliance on any outside links and the
content thereon provided is at your own risk.
Electronic Communications
When you visit The Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Warranty Disclaimer and Liability Limitation
THE SITE CONTENT IS PROVIDED FOR EDUCATIONAL AND PROMOTIONAL PURPOSES ONLY,
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS
CONTENT COULD CONTAIN ERRORS, OMISSIONS, INACCURACIES, DELETIONS, AND
DEFECTS. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF CONTENT BEFORE
YOU RELY UPON IT. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. THE SITE OWNER MAKES NO WARRANTIES OF ANY KIND,
REPRESENTATIONS, STATEMENTS OR GUARANTEES EITHER EXPRESS, IMPLIED INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES AS TO THE OPERATION OF THIS WEBSITE
OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE OWNER DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF PRIVACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL THE SITE OWNER BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SITE, OR WITH
THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT
OF THE USE OF THE SITE. THE SITE OWNER DOES NOT WARRANT THAT THE SITE OR ITS
SERVERS, OR EMAIL SENT FROM THE SITE OWNER ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE SITE OWNER DOES NOT WARRANT AGAINST ANY DAMAGE 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, UNAUTHORIZED ACCESS TO, OR
USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION, EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. NOR IS THERE ANY WARRANT OR GUARANTEE THAT ANY
PORTION OF THE SITE OR SERVER THAT MAKES IT AVAILABLE IS FREE OF INFECTION
BY VIRUS, OR OTHER COMPONENTS MANIFESTING CONTAMINATING OR DESTRUCTIVE
PROPERTIES; OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Indemnity
You agree to defend, indemnify and hold harmless Us and Our officers,
directors, employees and agents, and third parties from and against any and
all losses, costs and debt, claims, damages, obligations, liabilities, and
expenses (including but not limited to attorney's fees) related to or
arising from:
(i) your use of and access to the Site; (ii) your violation or breach of any
term of these Terms & Conditions; (iii) any allegation of your violation or
of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User
Submissions caused damage to a third party. This indemnity will be
applicable without regard to the negligence of any party, including any
indemnified person. This defense and indemnification obligation will survive
these Terms & Conditions and your use of the Site.
Intellectual Property
All intellectual property rights in and to the Site are and shall be owned
by the Site Owner, absolutely. Those rights include, but are not limited to
content, database rights, copyright, design rights (whether registered or
unregistered), trademarks (whether registered or unregistered) and other
similar rights, wherever existing in the world, together with the right to
apply for protection of the same. All other trademarks, logos, service
marks, company or product names set forth in Service are the property of
their respective owners.
Digital Millennium Copyright Act ("DMCA") Notice.
The Site complies with the Digital Millennium Copyright Act ("DMCA"). (17
U.S.C. Sect. 512(c), and has a policy to remove or disable access to the
material claimed to infringe third-party intellectual property rights, and
to follow the procedures specified in the DMCA to resolve the claim between
the notifying party and the alleged infringer who provided the content. If
you believe your copyright has been infringed, please send written
notification (email or postal mail) to
PathFinder
DMCA Agent
P.O. Box 4484
Valley Village, CA 91617
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The DMCA specifies you must include in your infringement notification the
following details:
1. Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works, a list of such works at
that site.
2. Identification of the material that is claimed to be
infringing, and information reasonably sufficient to permit us to locate the
material on Our Site.
3. A statement that you have a good faith belief that use of
the material is not authorized by the copyright owner, its agent, or the
law.
4. A statement that the information in your notification is
accurate, and under penalty of perjury, you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
5. Physical or electronic signature of person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
6. Your address, telephone number, email address.
Conflict of terms
If there is a conflict or contradiction between the provisions of the Site
terms & conditions and any other relevant terms and conditions, policies or
notices, the other relevant terms and conditions, policies or notices which
relate specifically to a particular section or module of the Site shall
prevail in respect of your use of the relevant section or module of the
Site.
Applicable Law
By visiting the Site you agree in all respects to be governed by the laws of
the state of California, U.S., regardless of the laws that might be
applicable under principles of conflicts of law. The parties agree that the
California courts located in Beverly Hills, California, shall have exclusive
jurisdiction over all controversies arising under this agreement and agree
that venue is proper in those courts.
Disputes
Any dispute relating in any way to your visit to the Site or to products or
services you purchase through the Site shall be submitted to confidential
arbitration in the City of Beverly Hills, the County of Los Angeles, State
of California, United States, except that, to the extent you have in any
manner violated or threatened to violate the Site Owner's intellectual
property rights, the Site Owner may seek injunctive or other appropriate
relief in any state or federal court in the state of of California, United
States, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrators award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
Users from Outside U.S.
Our servers are in the United States of America, and is intended for use by
U.S. users, if you choose to access the site from outside the U.S., you do
so at your own risk and you are solely responsible for compliance with local
laws. You may not use or export anything from the Site which violates U.S.
export laws and regulations.
Severability
Any provision of any relevant terms and conditions, policies and notices,
which is or becomes unenforceable in any jurisdiction, whether due to being
void, invalidity, illegality, unlawfulness or for any reason whatever,
shall, in such jurisdiction only and only to the extent that it is so
unenforceable, be treated as void and the remaining provisions of any
relevant terms and conditions, policies and notices shall remain in full
force and effect.
Questions
Questions regarding our Terms & Conditions of Use, Privacy Policy, or other
policy related material can be directed to our support staff by clicking on
the "Contact Us" link in the side menu. Or you can email us at:
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