Terms of Use
We've made every effort (that we know of) to make our site fun, safe, easy, and informative for everyone. Hopefully you'll agree with us. If there is something about our site that you feel could be enhanced or handled better, please feel free to let us know.
In exchange for using this website, all that we ask is that you agree with the terms of use that we have listed below. By using any or all of these sites or purchasing the products or services affiliated with them, you agree to familiarize yourself with these Terms of Use, and abide by them. Therefore:
If you do not agree to these Terms of Use, discontinue using this website immediately!
Definitions
- COMPANY
- Life Transcendent LLC and any other companies associated through ownership or partnership with Life Transcendent LLC, or with John J. Strasser personally.
- DOMAINS
- Internet domains directly owned by COMPANY which includes but is not limited to: thebookofallthings (.com, .net, .org, .info); lifetranscendent (.com, .net, .org, .info); and johnstrasser (.com, .net, .org, .info);
- MEDIA
- Includes SITES and expands to include other forms of (non-internet) distribution (such as but not limited to print newsletters, books, facsimilie, postal mail, television or radio broadcasts) and includes other formats such as (but not limited to) audio or video.
- SITES
- Websites and other internet related technologies such as but not limited to autoresponders, shopping carts, blogs, forums, ezines, email newsletters, RSS/Atom Feeds, podcasts, and other forms of internet based distribution. Such SITES may be hosted on DOMAINS or not (such as but not limited to blogger.com or livejournal.com or wordpress.org for example) or through some other third-party service.
Through the use of it's MEDIA: COMPANY strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, re-engineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of COMPANY or of other owners and used with their permission. For additional copyright information see the Copyright page.
This website, other MEDIA and the products, services, and information provided are designed for persons 18 years of age and over. If you are under the age of 18, you do not have our permission to use our MEDIA. Therefore it is unlawful for you to visit, read, or interact with this MEDIA or its contents in any manner. This MEDIA specifically denies access to any individual that is covered by the child online privacy act (copa) of 1998.
Fees
COMPANY reserves the right to change fees at any time, for any reason, at its sole discretion.
Payment Terms
COMPANY's billing service is automatic. You agree to pay COMPANY the appropriate payment (included all applicable taxes and fees) for the services received from COMPANY in advance of the time period during which such services are provided. You agree to provide COMPANY with current billing and contact information and authorize COMPANY to bill all account and related charges to the credit or debit card on file or to your PayPal (or other similar third party payer) account. You further agree that until and unless you cancel your service, those services will be billed on a recurring basis (where applicable according to the specific product or service purchased).
If COMPANY does not receive a notice of cancellation prior to the billing or rebilling date, COMPANY shall assume you are confirming or renewing your service and you will automatically be charged for the service or the next period's payment (as applicable). You agree that prepayments will be billed and charged automatically, that COMPANY may apply the amount due to the provided card or payer account at any time, and will issue no refunds (see below). If you pay via PayPal, you are solely responsible for canceling your PayPal subscription upon canceling the COMPANY's services.
If you use a credit or debit card, you agree to not charge back your card for any reason, and if you charge back your credit or debit card you agree to pay all associated chargeback and service fees and penalties - plus a five hundred ($500) dollar service fee. If these fees are not paid within thirty (30) days, the charges will be turned over to a collection agency. Furthermore, COMPANY may file civil charges against any party who charges back a credit or debit card payment for any reason.
An acceptance by COMPANYof any partial payment is not a waiver by COMPANYof the remainder of the amount (including interest, if any) due (despite whatever may be written on the payment document or in any accompanying documentation). COMPANY shall not refund any money, for any reason (see below).
Cancellations, Refunds and Unused Fees
Service Products
COMPANY believes that the only way to ethically and morally serve it's clients and customers is to make sure that we perform our services to the best of our abilities. And while we cannot guarantee the effectiveness of any particular product or service in every specific application (see Liability and Disclaimers below) we are committed to serving our clients. Therefore we have instituted the following NO HASSEL Cancellation Policy:
To cancel your account you must notify COMPANY at least thirty (30) days prior to your rebilling date (for annual subscriptions); at least seven (7) days prior to your rebilling date (for monthly subscriptions), at least two (2) days prior to your service date (for other products).
Any client or customer who wishes to cancel any or all service(s) with COMPANY is entitled to a refund of unused fees as rapidly as possible. While the amount of any refund will (obviously) vary according to the product originally purchased, the maximum liability is limited to the amount paid to COMPANY for the particular services. Further, by agreeing with these terms, client agrees that:
The ONLY reason that COMPANY shall issue a refund for a service is if there are any unused fees in the client's account. Should there be any unused fees upon the cancellation of a product or service (such as a prepaid annual subscription or membership) the unused fees will be refunded as soon as practically and reasonably possible.
Unused fees for any prepaid service where a discount was applied for early payment (such as a two (2) month savings for an annual subscription) will be calculated over the period of service as if there was no early payment discount applied, and the full pricing was paid for the period of services rendered.
For example:
A service, which costs $30/month, would normally cost $360/year. A prepayment discount of two (2) months means that the service will cost $300/year. If the service is terminated after eight (8) months the unused fees will be: $300 - (8 months x $30/month = $240) = $60 refunded to the client.
Electronic Products and E-Delivery
Should you make a purchase of a product such as e-book, computer software (in compiled or source code format) or other electronic recorded medium (audio or video) unless specifically provided for otherwise, there can be no refunds - UNLESS you have NOT yet downloaded the product. If you have not yet downloaded the product you will be entitled to a full refund.
Physical Products
Should your purchase be a physical product (such as a printed manual, CD collection, etc.) if you return the product within 30 days in a resaleable condition you will be refunded your entire purchase price (less shipping and handling). You MUST call or email for a Return Authorization(RA) number before returning any physical product. Anything returned without an RA number will not be accepted by COMPANY.
Coaching, Trainings & Seminars
If your purchase is a class, seminar, workshop, professional development training, private or group coaching, or some other form of live interaction you must cancel your reservation at least 30 days before the event. Should your reservation originally have been made within the 30 day window, you can cancel your reservation within 7 days of the event. While we will strive to return the full amount, some events may require a "cancellation fee" (exact amount depends upon the specific event). If such is the case, it will be noted in the terms for that specific event.
Should specific products or services have terms which differ from those listed here, those specific changes will be listed with that specific product. Notwithstanding any differences, product or service specific terms are only applicable to that specific product or service and only in those domains which are explicitly called out in that product's or service's literature.
Customer and Client Conduct
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.
Database Ownership, License, and Use
COMPANY warrants, and you accept, that COMPANY is the owner of the copyright of the Databases of Links to articles and other resources available from time to time through website. COMPANY and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
COMPANY grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from COMPANY's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
Liability
The materials in this site are provided "as is" and without warranties of any kind either express or implied. COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. COMPANY does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. COMPANY does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not COMPANY) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall COMPANY be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in MEDIA, even if COMPANY or a COMPANY authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall COMPANY's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
COMPANY is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of COMPANY and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by COMPANY or its subsidiaries and affiliates.
Your interactions with organizations and/or individuals (third parties) found on or through the products and services of COMPANY, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties, who may be advertisers of COMPANY.
You agree that COMPANY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. If there is a dispute between participants on MEDIA, or between users and any third party, you understand and agree that COMPANY is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release COMPANY, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our products and services. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Disclaimers
Facts and information at MEDIA are believed to be accurate at the time they were placed. Changes may be made at any time without prior notice. All data provided on MEDIA is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, medical, psychiatric, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on MEDIA are only offered in jurisdictions where they may be legally offered. Information provided in MEDIA is not all-inclusive, and is limited to information that is made available to COMPANY and such information should not be relied upon as all-inclusive or accurate.
Every effort has been made to accurately represent COMPANY's product(s) and they're potential. There is no guarantee that you will earn any money using the techniques and ideas in the materials presented in our MEDIA. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not purport any product, service, or information presented on MEDIA as a "get rich scheme."
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our MEDIA may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from COMPANY, and all information to which you have access through password-protected areas of COMPANY's MEDIA and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Submission of Material
Anything you submit to COMPANY (such as but not limited to blog comments, remarks, suggestions, ideas, graphics, letters, comments) or other information that you send to COMPANY (except information we promise to protect under our privacy policy or as material required for the completion of a joint project such as a consulting agreement, an advertisement on a website or in our email list) becomes and remains our property, even if this agreement is later terminated. COMPANY shall have the exclusive ownership of all present and future rights to submissions of any kind. COMPANY can use them for any purpose appropriate to COMPANY's mission.
You acknowledge that you are responsible for any submission you make. This means that you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
By submitting material to COMPANY you are asserting the following:
- You declare that you are the sole owner and author of the material and own 100% of all copyrights pertaining to it - or - that you are acting as the designated agent for the copyright holder.
- You are giving COMPANY unconditional and royalty free permission to publish your material to any MEDIA. At no time is COMPANY required to compensate you in any way for this use of your work. If you wish to place additional restrictions upon COMPANY's use of your material DO NOT submit your material.
- You acknowledge that you are responsible for your material. This means that you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Further, you agree that your material will NOT consist of messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
- You agree that there is no requirement or responsibility for COMPANY to actually publish or use your material in any way whatsoever or for how long. COMPANY reserves the right to remove any material and/or terminate an author's account for any reason at any time. Further you agree that COMPANY has no responsibility to notify you at any time as to it's actions or decisions.
- You agree that COMPANY may display advertising in the same MEDIA (such as on the same web page) as your material. Further, you agree that COMPANY may apply other advertising directly within your material (such as text-based contextual links for example) at COMPANY's discretion.
Other Legal Stuff
These Terms of Use will apply to every access to the SITES. COMPANY reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from COMPANY will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without COMPANY's written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Arizona, 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 COMPANY and/or its affiliates' intellectual property rights, COMPANY and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, 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: City of Scottsdale, Arizona. 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: City of Scottsdale, Arizona, 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.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all website site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. Furthermore, COMPANY reserves the right to terminate this agreement at any time, for any reason, without notice, at its sole discretion. Should COMPANY terminate this agreement due to your violation of any part of either of these Terms of Use, COMPANY shall not refund any unused fee(s) paid by you. Upon termination, you must destroy all materials obtained from this site and any and all other website site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Last Updated: 5 April 2009