Terms of Use

Welcome to the website for James Ray International. James Ray International ("we", "our" or "us") operates websites, including retail stores, under the name James Ray International (www.jamesray.com, www.jamesraycorporateprograms.com, www.harmonicwealthweekend.com, www.harmonicwealth.com, www.treeoflifejourneys.com, www.worldwealthsociety.com, www.thepowertowin.com, www.ibis.org). The services offered by us include the aforementioned websites and any successor website (the "Websites") and any other features, content, contests, or applications offered from time to time by us in connection with the Websites (collectively, the "Services"). The Services and the Websites are hosted in the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services and the Websites ("you"). By using the Websites, you agree to be bound by this Agreement. You are only authorized to use the Websites (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this agreement carefully and save it. If you do not agree with it, please leave the Websites and discontinue use of the Services immediately.

This Agreement includes our policy for acceptable use of the Services and Content posted on the Websites, your rights, obligations and restrictions regarding your use of the Services and the Websites and our Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download content and/or agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference.

We may modify this Agreement from time to time and such modification shall be effective upon posting on the Websites. You agree to be bound to any changes to this Agreement when you use the Websites or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Websites or Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Websites or Services if we determine, in our sole discretion, that you pose a threat to the Websites or our other users, or that you have violated this Agreement.

I. ONLINE CONDUCT

You, as a user, agree to use the Websites only for lawful purposes. You are prohibited from posting on or transmitting through the Websites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or other applicable law.

If we are notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Websites (collectively "Content") provided by you (e.g., through an author chat or user forum, online review or comment posted on the Blog) that is allegedly infringing, defamatory, damaging, illegal, or offensive, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Websites; (iii) to protect the rights or property of James Ray International and our officers, directors, employees and agents; or (iv) to protect third-party Content providers, merchants, sponsors, and licensors (collectively, "James Ray International Providers") and any other user.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be harmful to us, to individual users, to the Website, to the communities that use the Website, or to any rights of James Ray International or any third party, or to violate any applicable law. Notwithstanding the foregoing, no James Ray International Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no James Ray International Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Website.

II. PRIVACY POLICY

We respect your privacy. The terms and conditions of the James Ray International Privacy Policy are outlined at http://jamesray.com/help.php?section=business.

III. TRADEMARKS

JamesRay.com and James Ray International are trademarks or service marks of James Ray International. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of James Ray International and its licensors used on the Websites may not be used without our prior written consent. Without limiting the foregoing, no trademark or trade dress of ours may be used in connection with any product or service that is not James Ray International's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits James Ray International.

V. CONTENT

A. Proprietary Rights

You acknowledge that the Websites contain Content that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing or hereinafter developed. The Websites, including proprietary Content thereon, are copyrighted under U.S. copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted under U.S. copyright law you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

B. Distribution/Uploading Of Third-Party Content

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, [name of owner] [date]; used with permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. In compliance with the Digital Millennium Copyright Act, you and other persons can report an infringement to us at http://jamesray.com/help.php?section=contactus&mode=update. By your submitting Content to any user-submission areas of the Website, including, without limitation, any user book reviews or participation in any author chats or forums, you automatically grant us, or warrant that the owner of such Content has expressly granted us, the royalty-free, irrevocable, right and license, during the existence of your copyrights, to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content for that user's personal use. Subject to this grant, the owner of Content placed on the Websites retains any and all rights which may exist in such Content.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Websites or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Websites or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

C. Third-Party Content

James Ray International is an online service provider of Content supplied by third parties and users. We have no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including any other user, are those of the respective authors or distributors and not of James Ray International or its affiliates or any of their officers, directors, employees, or agents. While we have the right to filter or reject Content posted by third parties, we do not have the obligation to do so and we will not do so in most cases. Neither James Ray International Providers nor we guarantee the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Websites represents the opinions and judgments of the respective third party providing such Content. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Websites by anyone other than James Ray International. Under no circumstances shall we, or our affiliates, or any of our officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Websites.

D. Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or that you are prohibited from posting on the Websites or through the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Websites and terminating the account of such violators. Prohibited Content includes, but is not limited to Content that, we determine in our sole discretion:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains sexually suggestive imagery, nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
is an unauthorized copy of another's image or copyrighted work, or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent; or
uses any unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Websites and through your use of the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites;
attempting to impersonate another user or person;
using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your account;
using any information obtained from the Services or the Websites in order to harass, abuse, or harm another person;
using the Websites or Services in a manner inconsistent with any and all applicable laws and regulations.

V. NON-COMMERCIAL USE

The Websites are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Websites or Services, including collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Websites or Services.

VI. YOUR ACCOUNT

If you use the Websites, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password.

VII. AGE OF USERS

We do not intend the Website to be used by minors under the age of 13. Furthermore, we do not market the Website for use by minors under the age of 13. If you are under the age of 13, you may use the Websites only by providing us proof of express parental consent.

VIII. TERMINATION OF USAGE

We may suspend or terminate your access to all or any part of the Websites including any account thereon, without notice, for any reason in our sole discretion, including, without limitation, our belief that such access would violate any applicable law or would be harmful to the interests of any James Ray International Provider or another user.

IX. PASSWORD SECURITY

You are responsible for (i) keeping any password that you entered to use Website webpages requiring registration confidential and (ii) restricting access to your computer. You agree to accept full responsibility for all activities that occur within your James Ray International account.

X. ELECTRONIC COMMUNICATIONS

When you visit the Websites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

XI. DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITES ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY JAMES RAY INTERNATIONAL PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES; OR (IV) THAT THE WEBSITES, THEIR SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF JAMES RAY INTERNATIONAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY JAMES RAY INTERNATIONAL PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO JAMES RAY INTERNATIONALS RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES.

NEITHER WE NOR ANY JAMES RAY INTERNATIONAL PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITES OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH JAMES RAY INTERNATIONAL PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

XII. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XIII. APPLICABLE LAW; JURISDICTION

The Websites are created and controlled by us in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any provisions of California law that direct the choice of another state's laws.

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Websites (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California Courts and agree not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

XIV. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the "JAMS Rules"), as modified by this Agreement. Such arbitration shall occur in San Diego, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. California Code of Civil Procedure Section 1283.05, which provides for certain discovery rights, shall apply to any such arbitration, and such Code Section is incorporated herein by reference. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

XV. INDEMNITY

You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Websites or through the Services causes us to be liable to another.

XVI. OTHER

This Agreement is accepted upon your use of the Websites or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Websites and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. www.jamesray.com, www.jamesraycorporateprograms.com, www.harmonicwealthweekend.com, www.harmonicwealth.com, www.treeoflifejourneys.com, www.worldwealthsociety.com, www.thepowertowin.com, www.ibis.org are trademarks of James Ray International. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

XVII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. When using the Websites or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THAT IS, BY THIS AGREEMENT).

XVIII. MODIFICATION

We reserve the right to make changes to the Websites, posted policies and these Terms of Use at any time without notice.

Please contact us at webservices@jamesray.com with any questions regarding this Agreement