PLEASE READ THESE TERMS OF USE CAREFULLY, AS IT GOVERNS YOUR AGREEMENT TO ACCESS AND USE OF ALL OF THE CONTENT AND INFORMATION MADE AVAILABLE OR PROVIDED FROM THIS WEBSITE (AND ALL SUBDOMAINS THEREOF) OWNED AND OPERATED BY PERSUASION SYSTEMS (THE “COMPANY”), INCLUDING WITHOUT LIMITATION WWW.PERSUASIONSYSTEMS.COM AND ANY OFFICIAL SOCIAL MEDIA ACCOUNTS MAINTAINED BY THE COMPANY, AND ALL LANDING PAGES, WEBPAGES, AS WELL AS ANY EXCHANGE OF INFORMATION (COLLECTIVELY, THE “WEBSITE”) BETWEEN YOU AND THE COMPANY, ITS AFFILIATES, OR AGENTS IN ANY WAY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.
PLEASE NOTE THAT THESE TERMS OF USE are subject to change by the Company in its sole discretion at any time. When the Company makes any changes, the Company will revise or update these Terms of Use for the Website as necessary or applicable. To indicate any such updates, we will also update the “Last Revised” date at the bottom of these Terms of Use.. Any changes to these Terms of Use will be effective immediately for new users of the Website, and for existing Users will be effective thirty (30) days after posting an update. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE TERMS TO VIEW THE MOST UP-TO-DATE VERSION.
Access and Use. The Website, including all the information and content available on the Website is protected by copyright laws throughout the world. Unauthorized reproduction is prohibited by law. No content on the Website may be distributed, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the express written permission of the Company.
DISCLAIMER. The Company does not endorse, recommend or make any warranties or representations as to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any content, materials or information contained in the Website. All content and information are provided “as is” with no warranties or representations of any kind, all of which are hereby disclaimed by the Company. Any resources provided in the content and materials on the Website are only suggested and are not a complete listing of applicable content, materials or information related to your medical care. The information contained in the Website is not meant to replace the services of a medical professional.
User Content. You may share messages, text, photos, comments or other content via email or any page on the Website that specifically provides that the content may be used in a public manner. You agree that any such content submitted to the Company will be treated as non-confidential and non-proprietary and will not be returned, and you hereby grant the Company and its licensees the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), incorporate, distribute, publicly display, publicly perform, publish, transmit, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting or sharing such content, you represent to the Company that you own or have the right to use and permit it to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you represent and warrant that you have obtained permission or a release from the other people appearing in the photograph to use their image and you represent and warrant that you are the owner or licensee of the copyright in the photograph. You agree not to post or share any information relating to or photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you obtain permission to do so from that person before posting or sharing. If you identify yourself by name or provide a picture or audio or video recording of yourself, you grant to the Company and its licensees (without compensation to you or others) the unconditional, perpetual, irrevocable right to use and exploit your name, voice, persona, and likeness in connection with any of your content, without any obligation or remuneration to you.
Certain Restrictions. Your access and use of the Website are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the content and materials or any portion of the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other content (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using the Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website. Any future release, update or other addition to the Website shall be subject to these Terms of Use. The Company, its suppliers, and service providers reserve all rights not granted in these Terms of Use. IMPROPER USE OF THE WEBSITE WILL RESULT IN LOSS OF YOUR ACCESS AND USE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Third-Party Materials. As a part of the Website, it is possible you may be directed to and/or access materials that are hosted and made available by another party. You agree that the Company makes no warranties, promises, or guarantees with respect to such materials, and that you will access such third-party materials at your own risk.
Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages on the Website (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and the Company’s businesses.
No Medical Advice. THE COMPANY DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO COVER ALL POSSIBLE MEDICAL TREATMENTS, USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS OR ADVERSE EFFECTS. ALL CONTENT ACCESSED THROUGH THE WEBSITE IS INTENDED ONLY TO INFORM POTENTIAL TREATMENT DECISIONS MADE BETWEEN YOU AND YOUR HEALTH CARE PROVIDER, AND IS NOT INTENDED AS A SUBSTITUTE FOR A MEDICAL EXAMINATION OR DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE COMPANY PROPERTIES. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES. YOU MAY ONLY USE THE COMPANY PROPERTIES IF YOU RESIDE IN THE UNITED STATES.
Electronic Communications. The communications between you and the Company use electronic means, whether you visit the Website or send the Company emails or text, or whether the Company posts notices on the Website or communicates with you via email or text. For contractual purposes, you (1) consent to receive communications from the Company in an electronic and telephonic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically and telephonically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release the Company and their successors and assigns from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of these Terms of Use or your use of the Website. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Website, please contact us at the addresses listed below. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Persuasion Systems
7385 North State Route 3
#1119
Westerville, OH 43082-8654
United States
Email: [email protected]
Governing Law and Venue. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Texas, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties expressly agree to the exclusive jurisdiction of the state and federal courts located in Austin, Texas with respect to any dispute related to these Terms. The Website is operated and maintained in the State of Texas, United States of America. THE COMPANY MAKES NO REPRESENTATION THAT THE CONTENT OR INFORMATION FOUND THROUGH THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL COUNTRIES OR GEOGRAPHIC LOCATIONS, AND ACCESSING THE WEBSITE FROM COUNTRIES OR TERRITORIES WHERE THE CONTENT OR INFORMATION OF THE WEBSITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE WEBSITES AND/OR ACCESS AND USE THEREOF FROM ANY COUNTY, STATE OR COUNTRY OTHER THAN THE STATE OF TEXAS AND THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS
Privacy Policy. The Company understands that many visitors to the Website may be concerned about the information that they may provide or that may be generated from their use of the Website and how the Company may use such information. Protecting privacy is an important priority to the Company. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Website.
Last updated on: 7/09/2024