Jon Cole Systems LLC, joncolesystems.com and The Jon Cole System
Terms and Conditions
Please read the following terms and conditions of use carefully before
using this website. All users of this site agree that access to and use of
this site is subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please do
not use this site. Jon Cole Systems is a Limited Liability Company and
is also a registered trade name in the State of Arizona. Part of the business
conducted by Jon Cole Systems LLC is on the Internet through
joncolesystems.com, a registered domain name also known as The Jon Cole
System, also a registered trade name in the State of Arizona. Both
joncolesystems.com and The Jon Cole System are owned and protected by Jon
Cole Systems LLC. The name, Jon Cole Systems LLC, as used in the terms and
conditions listed herein, also represents joncolesystems.com and The Jon Cole
System.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the United
States and other copyright laws, and is the property of Jon Cole Systems LLC.
The collective work includes works that are licensed to Jon Cole Systems LLC,
Copyright 2006, All rights reserved. Permission is granted to electronically
copy and print hard copy portions of this site for the sole purpose of
placing an order with joncolesystems.com or purchasing joncolesystems.com
online programs. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with joncolesystems.com, or to
purchase programs or products from Jon Cole Systems.com. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by Jon Cole Systems LLC.. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Jon Cole Systems LLC. used
in the site are trademarks or registered trademarks of Jon Cole Systems
LLC.
Limitation of Liability
Jon Cole Systems LLC. shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials
on this site or the performance of the products, even if Jon Cole Systems
LLC, Jon Cole also known as Coach Cole has been advised of the possibility
of such damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the
site and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Jon Cole Systems LLC
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification
and Miscellaneous, shall survive any
termination.
Notice
Jon Cole Systems LLC. may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you
have provided to Jon Cole Systems LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Arizona, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly
or indirectly arising out of or relating to this site, (including but not
limited to the purchase of Jon Cole Systems LLC programs or products), shall
be in the state or federal courts located in Maricopa County, Arizona. Any
cause of action or claim you may have with respect to the site, (including
but not limited to the purchase of Jon Cole Systems LLC programs or
products), must be commenced within one, (1), year after the claim or cause
of action arises. Jon Cole Systems LLC’s failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall not
be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of
these terms and conditions. Jon Cole Systems LLC may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, Phone
consultation, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a joncolesystems.com or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial content
on the site or use the site to solicit others to join or become members of
any other commercial online service or other organization.
Participation Disclaimer
Jon Cole Systems LLC does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Jon Cole Systems LLC is merely acting as
a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site. However, Jon
Cole Systems LLC reserves the right to block or remove communications or
materials that it determines to be, (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another, or (d) offensive
or otherwise unacceptable to Jon Cole Systems LLC in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Jon Cole Systems LLC, Jon
Cole, also known as Coach Cole, its officers, directors, employees, agents,
licensors and suppliers, (collectively the "Service Providers"),
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account, (including negligent or
wrongful conduct), by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Jon Cole Systems
LLC may link to sites operated by third parties. However, even if the third
party is affiliated with Jon Cole Systems LLC, Jon Cole Systems LLC has no
control over these linked sites, all of which have separate privacy and data
collection practices, independent of Jon Cole Systems LLC. These linked sites
are only for your convenience and therefore you access them at your own risk.
Nonetheless, Jon Cole Systems LLC seeks to protect the integrity of its web
site and the links placed upon it and therefore requests any feedback on not
only its own site, but for sites it links to as well, (including if a
specific link does not work).
