Terms of Use

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Terms of Use
Please read the terms and conditions on this page ("Terms of Use"). If you agree to abide by these Terms of Use, you may proceed to use Nature’s Chalkboard products and services located at this site. If you don't wish to abide by these Terms of Use (or to any disclaimers posted elsewhere on the site) then you may not use this site. These Terms of Use may change from time to time so please check them periodically as a condition to your continued use of the site.

Copyright
All content included on this site, including graphics, text, images, logos, button icons, images, audio and video clips and software, as well as the compilation of the content, is the property of Nature’s Chalkboard and/or its licensors and is protected by U.S. and international copyright laws. Any unauthorized use of these materials may violate copyright, trademark or other laws.

Trademarks
Nature’s Chalkboard logos and graphics are all trademarks of Nature’s Chalkboard. Our trademarks may not be used (a) to identify products or services that are not Nature’s Chalkboard, (b) in any manner likely to cause confusion, (c) in or as a part of your own trademarks, (d) in a manner that implies that Nature’s Chalkboard sponsors or endorses your products or services or (e) in any manner that disparages or discredits Nature’s Chalkboard.

Links and Use of Nature’s Chalkboard Materials
To Other Sites: This site contains links to web sites operated by third parties. Nature’s Chalkboard provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. Nature’s Chalkboard’s inclusion of links to such web sites does not imply any endorsement of the materials on such web site or any association with their operators. To Nature’s Chalkboard: We welcome links to www.natureschalkboard.com. You may not, however, state or imply any sponsorship or endorsement of your site by Nature’s Chalkboard, unless you have received our written approval to do so. You may use the Nature’s Chalkboard logo in order to create a link to Nature’s Chalkboard from your web site. This is a limited license to use the Nature’s Chalkboard logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that Nature’s Chalkboard determines is not an appropriate display or use of Nature’s Chalkboard’s marks. You may not use on your site any Nature’s Chalkboard trademarks, service marks or copyrighted materials or frame or otherwise incorporate any portion of the Nature’s Chalkboard site into another website.

Other Nature’s Chalkboard Materials: In addition to the limited license to use the Nature’s Chalkboard logo, you can download our graphics and text for personal use, but you're not allowed to use them for commercial purposes or public display. You are not permitted to download any other Nature’s Chalkboard material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the Nature’s Chalkboard materials in any way.

Before you use any of the Nature’s Chalkboard materials for commercial purposes, you must receive Nature’s Chalkboard’s express written consent. In order to obtain that consent, please send an e-mail to customerservice@natureschalkboard.com with the following information: (a) your name, position, organization, address and telephone number; (b) the Nature’s Chalkboard content, text or graphics you want to use; (c) where, how and when you will be using the materials; (d) to whom the materials will be distributed, in what amount and for what purpose; and (e) other information that will be included with the Nature’s Chalkboard material. We will send you an e-mail letting you know whether or not we grant permission for your use of the material. This decision will be made at Nature’s Chalkboard’s sole discretion.

If you do use Nature’s Chalkboard materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this site.

Submissions and Communication Tools
By posting messages, uploading files or inputting data on the site, you grant (or represent and warrant that the owner of such information grants) Nature’s Chalkboard a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, transmit, translate, create derivative works from or display any of the information and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such information. This site may contain bulletin boards, email, chat rooms, forums or other public posting areas ("Communication Tools"). While Nature’s Chalkboard does not monitor the message, information, files or data posted on the site or transmitted using on the Communication Tools, it may edit, refuse to post or remove any information or materials, in whole or part, that in Nature’s Chalkboard’s sole discretion are objectionable, in violation of these Terms of Use, or for any other reason.

You agree not to use the Communication Tools: (1) in connection with chain letters, junk e-mail, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (b) to harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) to create a false identity or forged e-mail, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person's publicity or privacy rights; (7) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the Communication Tools or violate the regulations, policies, or procedures of such networks; (10) to attempt to gain unauthorized access to the Communication Tools, other accounts, computer systems, or networks connected to the Communication Tools, through password mining or any other means; (11) to interfere with another person's use and enjoyment of the Communication Tools or the site or another entity's use and enjoyment of similar services; (12) to solicit funds via the telephone utilizing computer automated voice; or (13) to engage in any other activity that Nature’s Chalkboard reasonably believes could subject it to criminal liability or civil penalty or judgment. You will defend and indemnify Nature’s Chalkboard and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of this provision.

Disclaimer
THIS SITE IS PROVIDED BY Nature’s Chalkboard ON AN "AS IS" BASIS. Nature’s Chalkboard MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR SITES HYPERLINKED TO THE SITE, OR A USER'S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Nature’s Chalkboard DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE TITLE AND NON-INFRINGEMENT. YOU AGREE THAT Nature’s Chalkboard AND ANY OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THIS SITE'S CONTENT, MATERIALS OR PRODUCTS HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE OR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. IN NO EVENT SHALL NATURE’S CHALKBOARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $50. APPLICABLE LAW AND JURISDICTION

This site is created and controlled by Nature’s Chalkboard in the State of Hawaii, USA. Nature’s Chalkboard makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. By accessing this site, you and Nature’s Chalkboard both agree the laws of the State of Hawaii will govern all matters relating to this site, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Hawaii in all disputes arising out of or relating to the use of this site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in writing.