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Terms and Conditions of Use
Welcome to Hendrie Communications™ (also known as Secrets for Exceptional Speaking™). Hendrie Communications™ provides its services to you subject to the following terms and conditions. If you visit or purchase from any current or future Hendrie Communications™ websites, you accept these conditions. Please read them carefully.
LICENSE AND SITE ACCESS
Hendrie Communications™ grants you a nonexclusive, nontransferable limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hendrie Communications™. This license does not include any resale or commercial use of this site or its contents; any collection and use of any 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 merchant; 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 Hendrie Communications™. 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 Hendrie Communications™ and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hendrie Communications™ name or trademarks without the express written consent of Hendrie Communications™. Any unauthorized use terminates the permission or license granted by Hendrie Communications™. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hendrie Communications™, so long as the link does not portray Hendrie Communications™, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hendrie Communications™ logo or other proprietary graphic or trademark as part of the link without express written permission.
ELECTRONIC COMMUNICATIONS
When you send emails to Hendrie Communications™, you are communicating with us electronically and consent to receive communications from us electronically. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hendrie Communications™ and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hendrie Communications™ and protected by U.S. and international copyright laws. All software used on this site is the property of Hendrie Communications™ or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS AND SERVICEMARKS
Hendrie Communications™ graphics, logos, page headers, button icons, scripts, and service names are servicemarks, trademarks, registered trademarks of Hendrie Communications™. Hendrie Communications™ trademarks and servicemarks may not be used in connection with any product or service that is not Hendrie Communications™, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hendrie Communications™.
REVIEWS, COMMENTS, COMMUNICATIONS & CONTENT CONTRIBUTIONS
Visitors may post comments, participate in online surveys and other online activities and submit suggestions, ideas, comments, questions, or other information, 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, commercial solicitation or any form of "spam." Hendrie Communications™ reserves the right (but not the obligation) to remove or edit such content, and does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Hendrie Communications™ and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, reproduce, modify, adapt, publish, translate and display such content throughout the world in any media.
RISK OF LOSS
All items purchased from Hendrie Communications™ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Hendrie Communications™ and its affiliates attempt to be as accurate as possible. However, Hendrie Communications™ 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 Hendrie Communications™ itself is not as described, your sole remedy is to return it in unused condition.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Hendrie Communications™ only with involvement of a parent or guardian. Hendrie Communications™ reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Hendrie Communications™ on an "as is" and "as available" basis. Hendrie Communications™ makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or courses, 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, Hendrie Communications™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Hendrie Communications™ does not warrant that this site, its servers, or e-mail sent from Hendrie Communications™ are free of viruses or other harmful components. Hendrie Communications™ will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
A covered party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Hendrie Communications™ website or any materials or courses available or not included therein, (b) the unavailability or interruption of the Hendrie Communications™ website or any features thereof or any materials or courses, (c) your use of the Hendrie Communications™ website or materials or courses (regardless of whether you received any assistance from a covered party in using the Hendrie Communications™ website), (d) your use of any equipment in connection with the Hendrie Communications™, (e) the content of materials or courses, or (f) any delay or failure in performance beyond the reasonable control of a covered party.
"Covered party" means (a) the provider of the Hendrie Communications™ website or, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Hendrie Communications™ website or its affiliates; and (b) each third party supplier of materials or courses, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of materials or courses or any of their affiliates.
The aggregate liability of the covered parties in connection with any other claim arising out of or relating to the Hendrie Communications™ website or materials or courses shall not exceed the amount of your actual cost of purchased products or courses. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against any covered party.
The covered parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the Hendrie Communications™ website, materials, courses or the failure of any covered party to perform its obligations, regardless of any negligence of any covered party.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
APPLICABLE LAW
By visiting Hendrie Communications™, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hendrie Communications™ or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Hendrie Communications™ or to products or courses you purchase through Hendrie Communications™ shall be submitted to confidential arbitration in California or Texas (at the sole discretion of Hendrie Communications™), except that, to the extent you have in any manner violated or threatened to violate Hendrie Communications™ intellectual property rights, Hendrie Communications™ 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. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's 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.
SITE POLICIES, MODIFICATION, SEVERABILITY and MISCELLANEOUS
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Please check this Conditions of Use policy periodically for any changes. Continued use of the Hendrie Communication™ Website following any change constitutes acceptance of the change. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The failure of Hendrie Communication™ or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
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