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SMART CALLS & RECORDINGS TERMS OF SERVICE AND LICENSE TERMS


YOU MUST AGREE TO THESE TERMS OF SERVICE AND LICENSE TO PARTICIPATE IN HOOTLESS.COM GROUP CALLS AND ACCESS HOOTLESS.COM RECORDINGS.


By using Hootless.com Services (defined below), you agree to these terms and conditions (“Terms of Service”). You agree to accept notices electronically. Each time you use a Hootless.com Service, you reaffirm your acceptance of the then-current Terms of Service.

 

   1.   HOOTLESS.COM SERVICES


For purposes of these Terms of Service, the term "Hootless.com Services" shall mean the live Sunday group phone calls organized by Hootless.com (hereinafter “SMART Calls”) and the recorded calls in the archive (hereinafter “Recordings”). Hootless.com Services also apply to any Hootless.com                                                                                                                                   · 

  • subsequent SMART Calls (including any updates or supplements),
  • supplemental calls (including weekday and Saturday calls organized by Hootless.com), and
  • Internet based communications (including  Skype calls, chat, groups, and postings on the Hootless.com message board).

 

   2.   MODIFICATIONS OF TERMS OF SERVICE


Hootless.com may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of Hootless.com Services. Hootless.com will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Hootless.com Services.

 

   3.   REQUIREMENTS FOR USE OF HOOTLESS.COM SERVICES


The Hootless.com Services are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service.

 

   4.  YOU MAY USE THE HOOTLESS.COM SERVICES FOR LAWFUL PURPOSES ONLY


You may use Hootless.com Services for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, groups, messaging systems) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in Hootless.com’s judgement, restricts or inhibits any other user from using or enjoying Hootless.com Services, including without limitation the community areas.

 

   5.   LICENSE


Hootless.com grants you a personal, non-exclusive, non-transferable, limited license that applies to the SMART Calls and Recordings, including any media on which you received it, if any. These terms also apply to any Hootless.com                        

  • subsequent SMART Calls (including any updates or supplements),
  • supplemental calls (including weekday and Saturday calls organized by Hootless.com), and
  • Internet based communications (including  Skype calls, chat, and postings on the Hootless.com message board) unless other terms accompany those items. If so, those terms apply.

By accessing the SMART Calls, or by accessing the Recordings, you accept these terms. If you do not accept them, do not access either the SMART Calls or the Recordings.

 

   5A.   SCOPE OF LICENSE

 

Both the SMART Calls and the Recordings are licensed, not sold. This agreement only gives you some rights to participate in the SMART Calls and/or use the Recordings. Hootless.com reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may participate in the SMART Calls and/or use the Recordings only as expressly permitted in this agreement.

You may not

  • use the Recordings (or any portion of it) part for commercial purposes;             
  • distribute the Recordings (or any portion of it) without express authorization from Hootless.com staff;
  • publish the Recordings (or any portion of it) for others to copy;                       
  • incorporate the Recordings (or any portion of it) in another product;

 

   6.   SMART CALLS PARTICIPATION


By participating on the SMART Calls you acknowledge that

You understand that the SMART Calls may be recorded for the purpose of being used and distributed in various formats by Hootless.com and its assigns for replay purposes including but not limited to the Internet and any other communications medium currently existing or later created.

You irrevocably grant the absolute, perpetual, unrestricted (but not the obligation) worldwide right to Hootless.com to use, record, edit, or otherwise reproduce any part of the call in which you have participated and use it in the formats and for the purposes stated above.

 

   7.   COPYRIGHT


© 2011 Hootless.com.  All rights reserved.  The SMART Calls and Recordings are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Republication, reproduction or redistribution of Hootless.com Recordings, including by framing or similar means, is prohibited without the prior written consent of Hootless.com

 

   8.   DISCLAIMER


Your use and browsing in the site are at your risk. Neither Hootless.com, any of its affiliates, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you “As Is” “With All Faults” and “As available” for your use, without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Hootless.com and its representatives do not warrant that the operation of the Recordings will be uninterrupted or error-free, or that defects in the Recordings will be corrected. Hootless.com does not guarantee that users will be able to access or the Recordings at times or locations of their choosing. Hootless.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.

 

Hootless.com and its representatives, do not teach the Sedona Method or Release Technique. They facilitate.

 

The Smart Calls and Recordings offered by Hootless.com include facts, views, opinions and recommendations of individuals and organizations that may be of interest to you. However, Hootless.com does not guarantee, for the accuracy, completeness or timeliness of, or otherwise endorse the views, opinions or recommendations of others.

 

Hootless.Com does not necessarily agree with the views of any person participating in, or facilitating a call. Hootless.Com is providing the forum/call facility for informational purposes only and will not be held liable for the results achieved when making use of that information.

 

Hootless.com may provide links to other websites. Hootless.com does not guarantee, for the accuracy, completeness or timeliness of, or otherwise endorse the view, opinions, products, services, or recommendations of any linked website. Hootless.com has no responsibility for the content of such other websites and under no circumstances, shall Hootless.com be liable for any damages, losses and expenses, including attorney's fees, arising out of or resulting from the use of such other websites.

 

Information given by any Hootless.Com representative/ moderator/ facilitator/ call leader/ coach or host is in no way intended as a replacement for medical treatment by a licensed health care provider.

 

   9.   WAIVER AND INDEMNITY

 

You agree to defend, indemnify, and hold harmless Hootless.com and its representatives against any and all claims and expenses, including attorneys’ fees, arising out of your participation on and/or use of Hootless.com Services (e.g. SMART Calls and Recordings, and more), including, but not limited to, claims of copyright infringement, invasion of privacy, defamation, and misrepresentation. Hootless.com reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, you shall have no further obligation to provide indemnification for Hootless.com in that matter.

 

   10.   LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES


In the event that section 9 (Waiver and Indemnity) does not apply, you can recover from Hootless.com and its staff only direct damages up to £10.00. You cannot recover any other damages, including consequential, special, indirect or incidental damages.
This limitation applies to

  • anything related to the Smart Calls, Recordings, communications, other Hootless.com Services, or content on third party Internet sites, ; and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, invasion of privacy, defamation,  or other tort to the extent permitted by applicable law. It also applies even if Hootless.com knew or should have known about the possibility of the damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Hootless.com and its representatives’ liability in such jurisdiction shall be limited to the extent permitted by law.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

   11.   APPLICABLE LAW


United Kingdom. The laws of the United Kingdom governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.

 

   12.   CONSENT TO JURISDICTION AND FORUM SELECTION


You and Hootless.com agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the City of London, UK. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the appointed Courts Located in the City of London shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of this agreement and irrevocably submits to the jurisdiction of any court in any  such court in any such suit, action, or proceeding.

 

   13.   LEGAL EFFECT


This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the Recordings or participated in the Smart Calls. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

 

   14.   SEVERABILITY


In the event that any provision, term or condition of this license agreement be adjudged to be invalid or void for any cause whatsoever by any court of competent jurisdiction, this license agreement shall be read as if such provision were not a part hereof. The general validity of this license agreement shall remain intact, exclusive of any such provision.

 

 

Thank you for reading.



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