Terms of Service

Terms and Conditions

Parkerhill Publishing Company and NaturalEntrepreneur.com, (collectively hereinafter, "Parkerhill") provides its services to you subject to the following terms and conditions ("Terms and Conditions"). Through your use of the Web sites located at www.naturalentrepreneur.com, as such Web sites may change from time to time, and any products or services offered thereon (collectively, the "Site"), you agree to be bound by these Terms and Conditions, and that your use of the Site, including but not limited to engaging in conferences and chats, and downloading and uploading files, will be only as permitted by applicable law and in accordance with these Terms and Conditions and any additional policies or procedures published on the Site from time to time. Please carefully review the Terms and Conditions posted here and elsewhere on the Site. 

At any time and without prior notice, Parkerhill shall have the right, in its sole discretion, to modify, add or remove terms of these Terms and Conditions, and all such changes shall be effective immediately. Users should review these Terms and Conditions periodically as subsequent use shall constitute acceptance of any such changes. 

COPYRIGHT

The Site contains copyrighted material, including, but not limited to: trademarks and other proprietary information, text, software, video, and graphics. Unless otherwise noted, Parkerhill owns a copyright to all content contained on the Site. Except as otherwise expressly permitted under copyright law or otherwise, users may not copy, publish, redistribute, modify, transmit, display, sell, or create derivative works, or in any way exploit the content or any portion thereof on the Site without the express permission of Parkerhill and the copyright owner. You agree to comply with any additional copyright notices, information, or restrictions contained in any content available on or accessed through the Site.

Unless otherwise noted, users may download one copy of the content published on the Site for their personal, noncommercial use. In the event of any such use or other permitted redistribution or publication of material from the Site, no changes in or deletion of any author attribution, trademark, legend or copyright notice shall be made. In addition, any material so used may not be taken out of context or presented in a misleading or discriminatory manner. By use of the Site, you acknowledge that you do not acquire any ownership rights to download copyrighted material. Please refer to our PERMISSIONS section for guidelines concerning reprints or linking of articles. 

INDEMNITY/ LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, PARKERHILL AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF PARKERHILL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM THE CONTENT, USE OR MISUSE OF, OR INABILITY TO USE, THE SITE. THROUGH YOUR USE OF THE SITE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PARKERHILL IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES) ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, FROM YOUR INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF YOUR ACCESS TO THE SITE.

THE ABOVE LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. FURTHER, THE ABOVE LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY SITE LINKED TO THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL PARKERHILL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO COMPUTER EQUIPMENT FAILURES, TERRORIST ACTS, GOVERNMENTAL ACTIONS OR ORDERS, AND NON-PERFORMANCE OF THIRD PARTIES. 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

INDEMNITY AND RELEASE

THROUGH YOUR USE OF THE SITE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PARKERHILL AND ANY AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, ACTIONS, LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE (INCLUDING ANY ACTIVITY ASSOCIATED WITH YOUR PERSONAL ACCOUNT, WHETHER OR NOT SUCH ACTIVITY IS AUTHORIZED BY YOU) OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THESE TERMS AND CONDITIONS. IF YOU ARE DISSATISFIED WITH ANY RED HERRING MATERIAL OR WITH ANY OF PARKERHILL'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES.

DISCLAIMER OF WARRANTIES

ALL MATERIALS AND SERVICES IN THE SITE AND TO ANY THIRD PARTY LINKING SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PARKERHILL AND/OR ITS THIRD PARTY CONTENT PROVIDERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SUITABILITY OF THE INFORMATION, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE RED HERRING SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE SITE AND/OR THE CONTENT CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, PARKERHILL DISCLAIMS ANY WARRANTIES FOR OTHER INFORMATION, ADVICE, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. PARKERHILL DISCLAIMS ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY BULLETIN BOARDS, CHAT ROOMS, ONLINE MEETINGS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. 

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. PARKERHILL HEREBY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ACKNOWLEDGE AND AGREE THAT THE SITE CONTAINS OPINIONS AND STATEMENTS OF VARIOUS CONTENT PROVIDERS AND OTHER THIRD PARTIES, AND PARKERHILL DOES NOT REPRESENT OR ENDORSE THE ACCURACY, RELIABILITY, CONTENT OR LEGALITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION PROVIDED BY ANY CONTENT PROVIDER (INCLUDING PARKERHILL) OR OTHER PERSON OR ENTITY. THROUGH YOUR USE OF THE SITE, YOU ASSUME ALL RISKS ASSOCIATED WITH RELYING UPON ANY OPINION, STATEMENT, OR OTHER INFORMATION CONTAINED ON THE SITE. NOTHING CONTAINED ON THE SITE IS INTENDED TO BE, NOR SHALL IT BE CONSTRUED AS, INVESTMENT ADVICE. THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED OR CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY COMPANY OR SECURITY BY PARKERHILL. 

Prior to the purchase or sale of any security or investment, you are advised to consult with a broker, financial advisor, or other appropriate professional regarding your investment decision and any information on which your decision may be based. Investing in securities carries certain risks, and Parkerhill, its affiliates, or third party content providers shall not have any liability for investment decisions based upon the information provided on the Site or links therefrom. Neither Parkerhill, its affiliates, or third party content providers shall be liable for any inaccuracies, errors in transmission or omissions, or delays in the content, or for any actions taken in reliance thereon. When using bulletin boards and other third party forums concerning investments and securities, you should be wary and cautions of any information you find. Information obtained through these sources, or through any other area on the Site, cannot be a substitute for independent research into particular companies, industries, and investments. Investment or trading decisions should not be based on information obtained through bulletin boards and other third party forums. The people who make such information available in such forums may not be who they claim to be or may not be affiliated with whom they claim to be. The information they make available may be incorrect, either because of mistakes or intentional deceit. 

MEMBER AND USER CONDUCT

Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify Red Herring of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Parkerhill cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

LINKS TO THIRD PARTIES' WEB SITES AND THIRD PARTY CONTENT
The Site contains links to Internet Web sites maintained by third parties. Parkerhill does not operate or control in any respect any information, products, or services on such third party sites and such links do not constitute any endorsement by Parkerhill and/or its affiliates. You assume sole responsibility for your use of third party links. The disclaimers set forth herein are equally applicable to such third party sites. For guidelines and permission for posting a link to an article on the Site, please refer to PERMISSIONS. 

USE OF SITE FEATURES 

Parkerhill has no responsibility in any way to control, monitor or regularly review the content of any messages, information, software, or materials ("Information") delivered to bulletin boards or any other type of third party forum contained on the Site. Parkerhill retains the right, but not the obligation, in its sole discretion, to monitor, review, edit, delete, report or refuse to post any Information that Parkerhill deems objectionable or in violation of these Terms and Conditions. By posting any Information, you take responsibility for the content of such Information. Through your use of the Site, you agree that you will not post or distribute in any manner to or through the Site any Information which: 

Violates or infringes in any way the rights of others, or which may be considered harmful, libelous, defamatory, obscene, pornographic, threatening, abusive, or unlawful, or which may be considered to encourage unlawful conduct 

Contains advertising or any commercial solicitation without Red Herring's express consent 

Contains a virus or other harmful component. 

You expressly acknowledge and agree that Parkerhill may disclose any Information or any other user information as is reasonably necessary to (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of Parkerhill, its users and the public. 

You agree that by submitting Information to any area of the Site, any such information, material or messages shall become and remain the property of Parkerhill unless otherwise explicitly agreed in writing. Parkerhill shall exclusively own any rights to such Information and shall be entitled to the unrestricted use of such Information for any purpose whatsoever, commercial, or otherwise, without compensation in any form. 

UNLESS OTHERWISE EXPLICITLY AGREED, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO PARKERHILL BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING YOUR IDEA AND/OR ANY RELATED MATERIAL TO PARKERHILL, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO PARKERHILL THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PARKERHILL IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PARKERHILL, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

PERMISSIONS

Parkerhill offers a non-assignable, non-transferable, and non-exclusive license to link to the Site, subject to the following provisions. The Parkerhill or Natural Entrepreneur logo may be placed on a Web site for the sole purpose of creating a link to the Site and allowing users of your site to access the Site. Unless otherwise agreed in writing, the logo may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Parkerhill. The logo may not be altered in any manner, and must appear by itself with reasonable spacing between it and other graphic or textual elements. The logo may not be used to disparage Parkerhill, or in a manner which, in Parkerhill's reasonable judgment, may diminish or otherwise damage the goodwill in the Parkerhill logo. Parkerhill reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Red Herring reserves the right to take action against any use that does not conform to these provisions.

NO LICENSE; INTELLECTUAL PROPERTY OF PARKERHILL

Except as expressly provided, nothing within any of the Site shall be construed as conferring any license under any of Parkerhill's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of Parkerhill and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Parkerhill. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Parkerhill or any of its service providers. You agree not to use any of the trademarks or service marks or other content accessible through the Site for any purpose other than the purpose for which such content is made available. You agree not to defame or disparage Red Herring, the trademarks or service marks of Parkerhill, or any aspect of the Site.

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

Parkerhill will promptly process and investigate notices of alleged intellectual property infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Parkerhill will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Parkerhill will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:

Copyright Infringement
Parkerhill Publishing Company
PO Box 758
20 Bramley Hill Road
Windham, NH 03087
infringement@parkerhill.com

When Parkerhill removes or disables access to any material claimed to be infringing, Parkerhill may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. Any and all counter notifications submitted by the user will be furnished to the complaining party. Parkerhill will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Parkerhill replaces or restores access to any material as a result of any counter notification.

TERMINATION

These Terms and Conditions shall continue in effect for as long as you use the Site, unless specifically terminated earlier by Parkerhill. You acknowledge and agree that your access to and use of the Site, or any feature or section thereof, may be immediately terminated by Parkerhill at any time without notice or cause. Such termination may include but not be limited to any or all of the interactive features of the Site, and such user will no longer be authorized to access the bulletin boards, participate in chat room discussions, or forums of any kind. In the event of any termination or cancellation of your account by Parkerhill, no refund of any fees will be granted. Any and all restrictions imposed upon the user with respect to any Parkerhill intellectual property including but not limited to material downloaded from the bulletin boards, and any and all disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive such termination of the user's access to or use of on the Site. Parkerhill shall have the right at any time to change or discontinue any aspect of the Web site's operation.

GENERAL

These Terms and Conditions incorporate by reference all other policies, disclaimers and terms contained anywhere on the Site, as such may be modified from time to time; provided, however, that in the event of a conflict between such other terms and these Terms and Conditions, these Terms and Conditions shall control. 

These Terms and Conditions have been made in and shall be construed and enforced in accordance with New Hampshire law (irrespective of its choice of law principles). Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Site shall be brought in the federal or state courts located in New Hampshire. In the event that any provision in these Terms and Conditions is held to be unenforceable, these Terms and Conditions will continue in full force and effect without said provision. By using the Site and thereby agreeing to these Terms and Conditions, you consent to personal jurisdiction and venue in the state and federal courts in New Hampshire with respect to any such controversy or claim.

Parkerhill's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
You may not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Parkerhill. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 

Last updated May 25, 2004.

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