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terms of use

General Terms of Use for
The Changing Change Online Course (the “Course”)

Welcome to The Changing Change Online Course

The Course consists of content, a process, and a platform on which this program is made available (together called the "Program").

The content (the "Content") and inquiry process (the "Process") used for this Program (including the payment infrastructure) are provided to you by the Neale Donald Walsch ("NDW"). 
The web-application and technical infrastructure (the "Platform") on which this Program is made available to you are provided to you by Ed Evans. ("EE").

The terms and conditions in these General Terms of Use (this "agreement") sets forth the terms and conditions which govern your use of this Program.

1. Before you access the program
Please take some time to read this agreement before accessing or using the Platform and Content, as well as the Privacy Policy document also available on the site. By accessing or using the Platform and Content, you agree to be bound by the terms and conditions set forth below inclusive of the privacy policy. If you do not wish to be bound by these terms and conditions, you should not access or use the Platform and/or Content, or you should immediately cease to do so. EE and/or NDW may modify this agreement at any time, and such modifications will be effective immediately upon notice, which may be effected by posting the modified Agreement on the website or via email. We therefore recommend that you review the Agreement posted on the website periodically to be aware of such modifications. The date of last modification(s) will be indicated on the website. By continuing to use the Program following such modifications, you acknowledge your acceptance of the modified Agreement. If required by local or international legislation, you will agree to sign a non-electronic version of this agreement.

2. Who may benefit from the Program and what is it all intended for?
You must be eighteen (18) years or older to access the Program. If you are under eighteen (18) years of age, you are not permitted to access this Program for any reason. Due to the age restrictions for use of this Program, no information obtained by or available through this Program falls within the child online privacy act (COPA) and is not monitored as doing so. The main purpose of the Program is to make “The Changing Change Course", an NDW–owned inquiry process, available to everyone by providing it over the web, to enable people to grow to their full potential.

3. Parental responsibility
Some consider online courses to be the next trend in modern education; however, parents should always supervise their children's use of the Internet in general and of the NDW/EE site and services in particular, as it involves processes that may be of strong influence on their children. NDW and EE make the best possible effort to assure that only highly qualified content and personnel use the site for education, nevertheless it is the parent's responsibility to assure that the proper content is offered to their children. In addition, there are commercial and financial aspects to the use of the site which must be approved.

4. What is the Program not intended for?
The Program does not provide you with medical, financial or other professional counseling advice and is not intended as a substitute for the advice and/or supervision of your personal physician, your financial advisor or any other professional consultation or supervision you may need. Any application of the recommendations provided to you through the Program is at your discretion and sole risk and responsibility. For purposes of this agreement, the practice of medical and financial counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice, financial advisors, financial planners, tax advisors, corporate attorneys, business attorneys, board certified business planners life coaching, personal development coaching or any other personal coaching. No warranty is granted that the Program will not contain material that you or other individuals may find objectionable. However, we will investigate complaints and appreciate your input. Please submit any such feedback directly to EE and/or NDW using our Support page on the Platform.

5. Purchase of your license and required information
The access to the Program is offered for license on the Platform. After purchasing the Program license, acknowledging and accepting the terms set forth in this agreement, EE and NDW will grant you a limited personal, non–exclusive, non–commercial and non–transferable right and license to use the Program made available to you on the Platform for self–empowerment and personal growth purposes. You may be requested to provide certain information, including but without limitation to your full name, address, telephone number and credit card information. You acknowledge that in order to be granted and retain access to the Program, and to comply with the terms and conditions of this agreement and any other agreement related to the Program license purchased, the information you will provide must be accurate, complete and current. You agree to update such information, from time to time, if required to ensure that such information is accurate, complete and current. You will be responsible for all charges incurred through your account as well as for paying any applicable taxes. EE nor NDW will be responsible for your use of the Program and you will have no claims or demands against EE and/or NDW in connection with these.

6. Your responsibility in maintaining security and confidentiality of your account information
As part of the registration process and setting up an account, you will be asked to select a username and password to access the Program. You acknowledge that you are entirely responsible for maintaining the security and confidentiality of your user name and password, and for all activities, whether by you or anyone else, that is conducted through your account. You agree to notify EE and NDW immediately, through means of the contact page made available on the Platform, of any unauthorized use of your account or any other breach of security. Neither EE nor NDW will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge or permission. However, you may be held liable for any losses incurred by EE and/or NDW or another related party due to someone else using your account or password. EE and/or NDW may provide limited and controlled access to private data you enter into the platform to technical personnel if and when a technical question arises regarding the functionality of the Program or financial matters regarding its use. By accepting this agreement you acknowledge that you understand and agree with such limited access as described above.

7. Service and support
The Program has been built using widely applied technologies as Web browsing and Flash™, proprietary and open source media presentation technologies. EE and NDW provide no guarantee relative to the operability of such services on any specific computer hardware and software platform. Furthermore, the nature of the Program and cost of the Program license does not support provisioning of support services. The Program is intended for use by experienced computer and Internet users familiar with Flash™ media presentation techniques, using computers capable of operating these technologies. EE may elect to provide email help support which will respond to critical issues raised by registered paying users.

8. Money back guarantee
EE and NDW are committed to providing you with a high quality and valuable Program. As such we offer a money back guarantee whereby a client will be refunded for the amount paid if not satisfied within 14 days from the initial registration date. To be refunded, a client will have to e–mail [email protected] and explain in detail the reason for lack of satisfaction. This information will be used by EE and NDW to improve the service.

9. Proprietary rights and confidential information
You acknowledge and agree that the Program contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of NDW and/or EE or their licensors. No rights are being granted to you except for the limited license mentioned above. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "submission materials") or by posting such submission materials on the platform, you hereby grant NDW and EE full rights, without any compensation due to you, to use these Submission Materials as if these had been created by EE and/or NDW.

10. Copyright policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by EE infringe your copyright, you, or your agent may send to EE a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon EE actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to EE a counter–notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. We suggest that you consult your legal advisor before filing a notice or counter–notice. Also, be aware that there can be penalties for false claims under the DMCA.

11. Disclaimer regarding links
Any links provided as part of the Program have been provided as a convenience, but neither EE nor NDW control or endorse these linked websites, and neither EE nor NDW have reviewed or approved the content which appears on the linked websites. Neither EE nor NDW are responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any linked websites. You acknowledge and agree that neither EE nor NDW will be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked websites.

12. Disclaimer of warranties
THE PROGRAM IS PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, AS TO THE ACCURACY, COMPLETENESS, USEFULNESS OR APPROPRIATENESS FOR ANY PURPOSE. Neither EE nor NDW endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made on the Platform by anyone other than an authorized EE and/or NDW representative while acting in its official capacity. Your participation, correspondence or business dealings with any other third party found on or engaged through the Platform, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that neither EE nor NDW will be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

13. Limitation of liability
Neither EE, NDW nor anyone officially representing EE or NDW, is responsible or liable to you or anyone else for any damages, loss or injury relating in any way to

(i) The use of or inability to use the Program made available;
(ii) Any content contained on the Platform;
(iii) Statements or conduct posted or made publicly available on the Platform;
(iv) Any Content purchased or obtained through the platform;
(v) Any action taken in response to or as a result of any information available on the Platform;
(vi) Any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the Platform, or
(vii) Any other matter relating to the use of the Program.

EE's and NDW's aggregate total liability to you for any and all damages, losses, costs, expenses or injuries will never exceed the amount paid by you, if any, for using the Program.

14. Indemnification
You agree to indemnify, defend, and hold EE, NDW and their respective subsidiaries, affiliates, officers, directors, agents, co–branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from:

(i) Your breach of this agreement,
(ii) Any allegation that any materials that you submit to EE and/or NDW or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and
(iii) Your access or use of the Program.

This Section shall survive in the event this agreement is terminated for any reason.

15. Termination
This agreement shall remain in effect for as long as you continue to have access to the Program and pay all applicable fees in connection with such access, or until terminated in accordance with these terms and conditions. You agree that EE and/or NDW, in its sole discretion, may terminate access to the Program, in whole or in part, and remove and discard any content within the Platform, if NDW and/or EE considers this agreement has been breached. You agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, those Sections in this agreement which provide for continuing obligations on your part, shall survive indefinitely.

16. General Information
This agreement constitutes the entire agreement and understanding between you, EE and NDW, and governs your use of the Program, superseding any prior agreements related to this Program between you, EE and/or NDW. This agreement and the relationship between you, EE and NDW shall be governed by and construed in accordance with the laws of the State of Oregon, USA, without regard to its conflict of law provisions. You, EE and NDW irrevocably agree to submit to the personal and exclusive jurisdiction of the competent courts located in Ashland, Oregon, USA, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of EE and/or NDW to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions. The section titles in this agreement are for convenience purposes only and have no legal or contractual effect. This agreement is not assignable, transferable or sub–licensable by you except with our prior written consent of EE and NDW. However, EE and NDW may assign this agreement to any third party whom we choose without your consent.

17. Prohibited Activities
In connection with your use of the Program, you acknowledge and agree that you will not:
Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or distribute any information, software, products or services obtained through the Program;

  • • Access the Program by any means other than through the standard industry–accepted or EE–provided interfaces;
    • Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
    • Impersonate any person or entity, including but without limitation, an EE or NDW official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
    • Post or transmit any material that contains a virus or corrupted data;
    • Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
    • Use the Program's communications features, as available, in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
    • Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam" "chain letters," "pyramid schemes" or any other form of solicitation or any non–resume information such as opinions or notices, commercial or otherwise;
    • Violate any applicable local, state, national or international law;
    • Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • Delete or revise any material posted by any other person or entity;
    • Manipulate or otherwise display the Program by using framing or similar navigational technology;
    • Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party, if you are not expressly authorized by such party to do so;
    • Use the Program for any purpose that is unlawful or prohibited by these terms and conditions;
    • Use the Program in any manner that could damage, disable, overburden or impair the Platform or networks, or interfere with any other user's use of the Program;
    • Gain or attempt to gain unauthorized access to the Program, accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means; and/or
    • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Program.

Updated July 16, 2012

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