CRITICAL REFLECTIONS DISCLAIMERS AND USER AGREEMENT

HYPERLINK DISCLAIMER

The Critical Reflections site contains hyperlinks to other Internet sites not under the editorial control of Critical Reflections. These hyperlinks are not express or implied endorsements or approvals by Critical Reflections, of any products, services or information available from these sites.

INFORMATIONAL CONTENT DISCLAIMER POLICY

THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.  CRITICAL REFLECTIONS' MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY).  CRITICAL REFLECTIONS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL , INCIDENTAL , LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

PRIVACY POLICY

1.  The Critical Reflections ("Critical Reflections") Privacy Policy covers Critical Reflections's treatment of personal or personally identifiable information ("Personal Information") that may be collected when you are on the Critical Reflections web site and when you use Critical Reflections's services.  This policy does not apply to the practices of companies that Critical Reflections does not own or control, or to individuals that are not under Critical Reflections's supervisory control.  

2.  Collection and Use of Personal Information.  Critical Reflections may collect Personal Information when you use certain services on the Critical Reflections web site or when you visit cookie-enabled web pages.  Critical Reflections may also log your IP address when you use the Critical Reflections web site.  Critical Reflections uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and  to customize the content that you might see on the Critical Reflections web site.  Critical Reflections may also use "cookie" files to better serve your needs by creating a customized web site which fits your needs.  

3.  Sharing and Disclosure of Personal Information.  Critical Reflections will not sell or rent your Personal Information to any individual, business, or government entity.  Critical Reflections will not share your Personal Information with other entities UNLESS you request Critical Reflections to share such information, or if Critical Reflections is required to respond to court orders, subpoenas or other legal process.  

4.  User Accounts.  Critical Reflections allows users to set up personal accounts to shop in our on-line store or to participate in our on-line communities, such as our message boards.  You have the ability to edit your User Information at any time, and may delete your account at your convenience.  Under no condition will Critical Reflections share your user account information with another individual, business or government entity, unless Critical Reflections is required to respond to court orders, subpoenas or legal process.  

5.  Encryption.  All user account pages are protected with Secure Socket Layer ("SSL") encryption.  All user accounts must be accessed with usernames and passwords.  You are advised not to share your username and password with any other person.  

6.  Amendments.  Critical Reflections reserves the right to amend this policy at any time.  Critical Reflections will contact registered users by e-mail, and shall also post a notice of changes on its web site, when and if the terms of this policy are amended.  

7.   Contact.  You may contact Critical Reflections directly by e-mail should you have any questions regarding this policy.  

TERMS OF SERVICE

1.  Acceptance of Terms of Service.  Critical Reflections ("Critical Reflections") provides its on-line services and Web Site to you, the User, subject to this Terms of Service Agreement ("TOS").  Critical Reflections reserves the right to alter the TOS at any time without notice to User.  By using the Critical Reflections web site, located at URL http://criticalreflections.com, User agrees to abide by this TOS Agreement.

2.  On-line Services and Disclaimer of Warranty.  The Critical Reflections web site provides on-line resources including, but not limited to, on-line information regarding Critical Reflectionss articles and on-line communities.  Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement.  The on-line resources, informational content, and software on this web site is provided "AS IS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.  Critical Reflections assumes no responsibility for any data loss or other loss suffered by any User of this web site.  User is fully responsible for maintaining its computer equipment and Internet access to use the Critical Reflections web site.  

3.  Registration.  Certain areas of the Critical Reflections web site are provided solely to registered Users of the web site.  Any User registering for such services agrees to provide true and accurate information during the registration process.   Critical Reflections reserves the right to terminate the access of such Users should Critical Reflections know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process.  ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER.  Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian.  Critical Reflections reserves the right to require valid credit card information as proof of legal age.   Critical Reflections maintains a strict on-line Privacy Policy and will not sell or give your information to other parties.  

4.  User account.  Users will select a username and password upon completing the registration process.  Users are fully responsible for maintaining the confidentiality of their username and password.  User agrees to immediately notify Critical Reflections should User know, or have reasonable grounds to suspect, that the username and password have been compromised.  Critical Reflections shall not be responsible for User's failure to abide by this Paragraph.  

5.  Informational content supplied by Users.  User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Critical Reflections web site, or privately transmitted through the Critical Reflections web site, are the responsibility of the User from which such informational content has originated.  User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Critical Reflections web site.  Critical Reflections does not and cannot control the informational content Users transmit through the Critical Reflections web site.  Under no circumstances shall Critical Reflections be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable.  Under no circumstances shall Critical Reflections be held liable for any errors or omissions in any informational content transmitted by Users.

6.  User conduct.  User agrees to not use the Critical Reflections web site to:

     (a)  upload, post, or transmit any informational content that is unlawful, threatens another person or entity, is defamatory, libelous, vulgar, obscene, invades the privacy of another, or is otherwise objectionable;

     (b)  harm legal minors;

     (c)  collect personal information on, "cyberstalk" or harass another User, or engage in conduct that negatively affects the on-line experience of another User;

     (d)  impersonate another User, person, or entity, including any official or employee of Critical Reflections;

     (e)  intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;

     (f)   upload, post or transmit any software or files that contain software viruses or other computer code;

     (g)  interfere with the operation of Critical Reflections's web servers or other computers or Internet or network connections;

     (h)  upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;

     (i)  upload, post or transmit and unsolicited or unauthorized advertising, including "spam" or "junk mail."

The foregoing User Conduct provisions may be expanded or supplemented in the Board Rules section of Critical Reflections, and such Board Rules shall become part of this TOS and shall have full force and effect.  

Critical Reflections does not pre-screen uploaded, posted or transmitted content, but Critical Reflections reserves the right to inspect, edit and delete any content that Critical Reflections knows, or has reason to know, has violated this TOS Agreement.  Critical Reflections may disclose any informational content Users post, upload or transmit to the Critical Reflections web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Critical Reflections, the public or other Users.  

7.  Content submitted by Users.  Critical Reflections does not claim ownership of any informational content submitted by Users to the Critical Reflections web site. By posting or permitting Critical Reflections to post to any public area of Critical Reflections, User automatically grants, and User represents and warrants that User has the right to grant, to Critical Reflections an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such informational content and to prepare derivative works of, or incorporate into other works, such informational content, and to grant and authorize sublicenses of the foregoing.   

8.  Indemnity.  You agree to indemnify and hold Critical Reflections, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through Critical Reflections, your use of Critical Reflections, your connection to Critical Reflections, your violation of the TOS, or your violation of any rights of another.  If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

9.  No resale.  User agrees not to reproduce, copy, duplicate, or sell any portion of the Critical Reflections web site.  

10.  Limits and modifications.  Critical Reflections may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the on-line communities, or to the number of times Users may access the Critical Reflections web site.  Critical Reflections reserves the right to modify any and all portions of the Critical Reflections web site without notice.  Under no circumstances shall Critical Reflections be liable to User or any other party for such limits or modifications.

11.  Termination of User account.   Critical Reflections may, at its sole discretion, terminate the User's account for any reason.  Under no circumstances shall Critical Reflections be liable to User or any other party for such termination of User's account.

12.  Third party advertisers or linked third parties.  Critical Reflections may allow third party advertisers to advertise on the Critical Reflections web site.  Critical Reflections takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers.  Critical Reflections shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

13.  Hyperlink policy.  The Critical Reflections web site contains hyperlinks to other Internet sites not under the editorial control of Critical Reflections.  These hyperlinks are not express or implied endorsements or approvals by Critical Reflections of any products, services, or information available from these sites.

14.  Critical Reflections's intellectual property rights.  User agrees not to distribute, license, or create derivative works from any of Critical Reflections's copyrighted or trademarked material, including graphic files and software, available on the Critical Reflections web site.

15.  No warranties.  THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.  

16.  Limitation of liability.  Critical Reflections MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY).  Critical Reflections IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.  

17.  Notice.  Notices may be posted to the Critical Reflections web site or e-mailed to Users using the e-mail address Users submitted during the registration process.

18.  General.  This TOS Agreement constitutes the entire agreement between you and Critical Reflections and governs your use of the Critical Reflections web site.  The failure of Critical Reflections to exercise or enforce any right or provision of the TOS Agreement shall not constitute a waiver of such right or provision.  This TOS Agreement shall be governed by the laws of the State of California.  User agrees that any controversy between User and Critical Reflections arising out of this TOS Agreement will be submitted to JAMS for arbitration in San Francisco, California.  The costs of the arbitration, including any JAMS administration fee, the arbitrator's fee, and costs for the use of facilities during the hearings, will be borne equally by the parties to the arbitration.  Attorneys' fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator.  The provisions of Sections 1282.6, 1283, and 1283.05 of the California Code of Civil Procedure apply to the arbitration.  The arbitrator will not have any power to alter, amend, modify or change any of the terms of this TOS Agreement nor to grant any remedy which is either prohibited by the terms of this TOS Agreement, or not available in a court of law.    Should the foregoing provision on arbitration fail for any reason, then the User and Critical Reflections agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco in the State of California.  If any provision of this TOS Agreement is found by a court of competent jurisdiction 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 the other provisions of the TOS Agreement remain in full force and effect.  Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

19.  Violations.  Please report any known or suspected violations of the Terms of Use, including any suspected copyright or trademark violations.