FindYourProsperity.com (the “Web Site”) is provided by ASL Marketing, Inc. and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms and conditions of use and all modifications thereto “(Terms and Conditions”), and the rules that may be published from time to time by ASL Marketing, Inc. By using this site, you are deemed to have agreed to these terms and conditions of use. ASL Marketing, Inc. may change the Terms and Conditions from time to time, at its discretion, without notice to you. Any and all such changes to these Terms and Conditions will appear on FindYourProsperity.com. By using this site after any changes are posted, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use the Web Site.
User Conduct
This Web Site includes the capability to contribute material through the contribution form (each such submission will be considered a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for the purposes of entertainment. By using the Web Site and Services, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information you provide is untrue, inaccurate, not current or incomplete, ASL Marketing, Inc. reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree not to use the Web Site or Services to:
· Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video messages or other materials, including any Contribution (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive or another’s privacy, or hateful;
· Stalk or harass any other user, staff or member;
· Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· Is harmful to minors;
· Impersonate any person or entity, including, but not limited to, a Find Your Prosperity or ASL Marketing staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
· Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
· Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
· Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
· Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
· Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
· Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
· Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that ASL Marketing is not responsible for material submitted to Find Your Prosperity or posted to the Web Site by users. ASL Marketing does not prescreen, monitor, review or edit the Content posted by users. However, ASL Marketing and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in ASL Marketing’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. ASL Marketing is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to ASL Marketing. You agree to immediately notify Find Your Prosperity and ASL Marketing of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that ASL Marketing may preserve Content and may also disclose Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties, or (d) protect the rights, property, or personal safety of ASL Marketing, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. ASL Marketing assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to FindYourProsperity.com.
Any or all Content on the Web Site may be purged periodically in ASL Marketing’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by ASL Marketing or submitted to ASL Marketing, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of ASL Marketing, and ASL Marketing does not support or endorse Content (including any Contribution, whether or not edited by ASL Marketing or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Mobile/Wireless Policy
In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.
ASL Marketing will not be liable for any delays in the receipt of any SMS message, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with any additional third party.
Restrictions
The Content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us, using our contact form or the address below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restriction contained on the Web Site.
Unsolicited Materials
By operating this Web Site, ASL Marketing does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Find Your Prosperity mail and email addresses, or in any other way. Any information or material submitted or sent to ASL Marketing, will be deemed not to be confidential or secret. By submitting or sending information or other material to ASL Marketing, you represent and warrant that the information or original to you and that no other party has any rights to the material
User’s Grant of Limited License
By communicating with ASL Marketing, including submitting or sending Content, a Contribution or other information or material to FindYourProsperity.com, you grant ASL Marketing the royalty-free, unrestricted, world-wise, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate or in other works in any form, media, or technology now know or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Find Your Prosperity Daily ProsperityGram. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to ASL Marketing. You also warrant that any “moral rights” in any posted materials have been waived.
Linked Sites
You may be able to link to third parties’ Web Sites (“Linked Sites”) from the Find Your Prosperity Web Site. Linked sites are not, however, reviewed, controlled, or examined by ASL Marketing in any way, and ASL Marketing is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links to not imply ASL Marketing’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of services of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall ASL Marketing be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. ASL Marketing reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site an/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS WHICH REPRESENT SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BY OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OR CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by ASL Marketing for any type of link to FindYourProsperity.com. To seek our permission, you may write to ASL Marketing. We reserve the right, however, to rescind any permission granted to us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion, at any time.
Contests, Promotions, Surveys or Games
From time to time, ASL Marketing may offer as part of the Services, either on or through the Web Site, contests, promotions, surveys or games (collectively, “Promotions”). To participate in Promotions, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of ASL Marketing. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. ASL Marketing, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release ASL Marketing and its agents, advertisers, sponsors or promotional partner, from all liability arising from participation in any Promotion located on, or accessed through, the Web Site. ASL Marketing is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connection, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Promotion is conducted, are subject to immediate disqualification and revocation of their registration. ASL Marketing is under no obligation to award any prize to any Registered User who violates a published rule of guideline.
Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Promotion.
ASL Marketing reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time, without prior notification.
Intellectual Property Rights
All material contained in this Web Site are the copyrighted property of ASL Marketing and its affiliates or licensors. As between ASL Marketing and you, ASL Marketing is the sole owner of all content on the Web Site, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any potion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site, or listen to the recorded MP3 files of the Prosperity Meditations, for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, or audible sound files. All title and intellectual property rights in and to the content of the linked Sites is the property of the respective content owner and may be protected from applicable copyright or other intellectual property laws and treaties.
Parental Permission
This Web Site is not intended to be a children’s site, and therefore, some of the available information may concern certain topics that may not be appropriate for children. ASL Marketing, at its discretion, may require users under 18 to obtain the consent of a parent or guardian to view certain Content, and ASL Marketing may limit access to individual Content by imposing age limits. You agree to abide by any such restrictions, and not help anyone avoid or circumvent them.
Privacy Policy
We are committed to protecting your privacy and security, and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy, available through a separate page link on the Web Site.
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATON OF THE FOREGOING, ASL MARKETING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSON, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. ASL MARKETING DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
ASL MARKETING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT ASL MARKETING OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTON.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL ASL MARKETING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANYOTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF ASL MARKETING OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OF OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS,OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ASL MARKETING’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon request by ASL Marketing, you agree to defend, indemnify and hold ASL Marketing, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney’s fees, arising in any way from your use or misuse or the Web Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. ASL Marketing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ASL Marketing in asserting any available defense.
Copyrights and Copyright Agent
We require that the people who use the FindYourProsperity.com web site respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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 authorized to act on the copyright owner's behalf.
Copyright Agent
ASL Marketing, Inc.
P.O. Box 39451
Los Angeles, CA 90039
Attn: Martin LaSalle, Esq.
Fax: 323-906-2950
Email: Martin@ASLMarketing.com
Applicable Laws/Jurisdiction
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ASL Marketing or relating in any way to your use of the Web Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving ASL Marketing or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content provides.
We control and operate this site from our offices in Los Angeles, California. We do not represent that materials on the site are appropriate or available for use outside of Los Angeles, California. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any inquiries concerning these Terms and Conditions of use should be directed to our contact form.
Provisions Unenforceable or Invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. ASL Marketing may transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our Web Site in general, please contact us using our contact form.