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Conditions of Use Conditions of Use

Disclaimer

All information I send to you is simply my opinion, and if you do anything I recommend without the supervision of a licensed medical doctor, you do so at your own risk. The publisher, the author and the distributor present this information for educational purposes only. I am not making any attempt to prescribe any medicinal treatment, since under the laws of the United States only a state licensed medical doctor (an MD) may do that. It is only in my opinion that clean air, clean water, sunshine, walking, whole foods, healthy relationships and a passion for life are healthy for you. I agree that some people find fresh oranges, crisp apples, and summer watermelon hideously scary. While at the same time, doughnut shops, soda pops, synthedic sweeteners and fast food restaurants are the ultimate "Disneyland of great nutrition". Even doctors who believe this are simply expressing their opinions. The difference is they are supported by laws put into place by paid lobbyists to create and support Sate Licensing.

Don Tolman

Terms and Conditions

All services provided by Don Tolman LC may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Don Tolman LC from any claims resulting from the use of the service which damages the subscriber or any other parties.

Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on a Don Tolman LC machine, or directing traffic to a webpage that contains any reference to Don Tolman LC is STRICTLY prohibited. Don Tolman LC will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. Any service interuptions as a result of subscribers spamming will be billed to the subscriber at $50.00 per hour until service is restored. Subscriber will also be in violation of the Don Tolman LC Service Agreement and subject to legal action.

Pornography and sex-related merchandising are prohibited on any Serenity Communications server. Don Tolman LC will be the sole arbiter as to what constitutes a violation of this provision.

Payment is due immediately after date of invoice. All payments must be in US dollars and withdrawable from a US bank. The subscriber is responsible for providing up-to-date payment information. Don Tolman LC will not be held responsible should the subscriber's payment information become out-of-date.

If payment is by credit card, the subscriber authorizes Don Tolman LC to charge the credit card listed on the subscription form for those charges for Serenity Communications services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Don Tolman LC may charge the amount due to the provided card at any time.

You must be of adult age in your jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

A subscriber may cancel his account at any time online via his account control panel's "Payment Settings". If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Don Tolman LC could improve service. The cancellation will take effect immediately and the subscriber's account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.

The subscriber agrees that any messages submitted to the "Serenitext Community" become the property of Don Tolman LC to do as the company sees fit.

All files, information and mail under the account will be preserved for 20 days from the date the payment is due. If the payment is not received after 20 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.

The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with the company is terminated, for any reason, by either Don Tolman LC or the subscriber.

Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Don Tolman LC and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Don Tolman LC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Don Tolman LC . Subscriber further acknowledges that the Don Tolman LC 's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Don Tolman LC be liable for any special or consequential damages, loss or injury.

Don Tolman LC shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 20 days, the subscriber will be notified as to the reason.

Service provided by Don Tolman LC may be cancelled in writing at any time with no penalty. Customer unit name and password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by Don Tolman LC . Don Tolman LC reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.

Don Tolman LC exercises no control whatsoever over the content of the information passing through Don Tolman LC . All email addresses of the subscriber are held strictly confidential. The leads are never released to any other parties for any purpose. The lead information is only used on Don Tolman LC ' servers to deliver the follow up messages designated by the subscriber.

Customers are prohibited from transmitting on or through any of Don Tolman LC ' services, any material that is, in Don Tolman LC ' sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

Don Tolman LC is NOT RESPONSIBLE for any lost files, information or data. Even though Don Tolman LC takes steps to prevent data loss, data loss can still occur.

Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

Don Tolman LC makes no warranties of any kind, whether expressed or implied, for the service it is providing. Don Tolman LC also disclaims any warranty of merchantability or fitness for a particular purpose. Don Tolman LC will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by Don Tolman LC ' negligence or the subscriber's errors or omissions. Use of any information obtained via Don Tolman LC is at your own risk. Don Tolman LC specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

This agreement shall be governed by the laws of the State of Utah and the United States.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Don Tolman LC service constitutes acceptance of these Terms and Conditions.
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