Terms of Use

TERMS OF USE DISCLAIMER NOTICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW OR ELSEWHERE ON THIS SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. ANY USE BY YOU OF THE PHRENICEA WEBSITE CONSTITUTES ACCEPTANCE OF ALL SUCH NOTICES, TERMS, AND CONDITIONS.

USE OF WEBSITE

THE INFORMATION AND MATERIALS CONTAINED IN THESE PAGES AND THE TERMS, CONDITIONS, AND DESCRIPTIONS THAT APPEAR ARE SUBJECT TO CHANGE.

THIS WEBSITE OR ANY PORTION OF THIS WEBSITE MAY NOT BE REPRODUCED, TRANSMITTED, DISPLAYED, PERFORMED, DISTRIBUTED, LICENSED, ALTERED, FRAMED, STORED, DUPLICATED, COPIED, SOLD, RESOLD IN WHOLE OR IN PART IN ANY MANNER OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL OR OTHER PURPOSE WITHOUT JOHN HERMAN'S PRIOR WRITTEN CONSENT, EXCEPT TO THE CONSENT PERMITTED BY THE COPYRIGHT ACT OF 1976 (17 U.S.C. § 107) AS AMENDED, AND THEN, ONLY WITH NOTICES OF JOHN HERMAN'S PROPRIETARY RIGHTS.

ALL PHRENICEA WEBSITE DESIGN, PAGES AND SCREENS DISPLAYING THE PAGES, SCREENS, TEXT, GRAPHICS (INCLUDING BUTTON ICONS AND IMAGES, BUT EXCLUDING THOSE GRAPHICS TO WHICH LINKED TO THIRD PARTIES RETAIN COPYRIGHT OWNERSHIP), THE SELECTION AND ARRANGEMENTS THEREOF ARE COPYRIGHT © 2000-2016 JOHN HERMAN ALL RIGHTS RESERVED.

SERVICEMARKS OWNED BY JOHN HERMAN:

PHRENICEA®, THE PHRENICEA LOGO, AND ALL OTHER TRADEMARKS, SERVICEMARKS, AND TRADE NAMES OF PHRENICEA APPEARING ON THIS WEBSITE ARE OWNED BY JOHN HERMAN. PHRENICEA'S TRADEMARKS, SERVICEMARKS, LOGOS AND TRADE NAMES MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE THAT IS NOT PHRENICEA'S, IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION, OR IN ANY MANNER THAT DISPARAGES OR DISCREDITS THE PHRENICEA NAME, WEBSITE, OR JOHN HERMAN. ALL OTHER FEATURED WORDS OR SYMBOLS, TRADEMARKS, SERVICEMARKS, PRODUCT OR SERVICE NAMES, BRAND NAMES, COMPANY NAMES AND/OR LOGOS APPEARING ON THIS WEBSITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

SET FORTH BELOW IS A CURRENT LISTING OF SOME UNITED STATES SERVICEMARKS OWNED BY JOHN HERMAN. THIS LIST IS NOT A COMPREHENSIVE LIST OF ALL PHRENICEA SERVICEMARKS. (UPDATED: JANUARY 12, 2006.)

PHRENICEA®, VISIT YOUR FUTURE®, CHRONICLING THE FUTURE®, THE FUTURE — IT'S ALL IN YOUR HEAD!®, SLEEP WITH THE FUTURE, BOTHER TO PONDER, PONDER THE FUTURE, BRAINCOMB, POLYNUTRIMENT, DiNA, ASS-ETS, SOMA-CASH, TISSUE-ISSUE, SOMNAM U(niversity), SLEEP AND STUDY, COMM, BRAINERAMA, MATTIE, H2Ouch, REALITYCHECK!, QUIKPOLL, PHRENI-FIND, TWO-CENTS BLOG, EVERYONE IS QUALIFIED - AND NO ONE IS QUALIFIED - TO PREDICT THE FUTURE, PREDICTING THE ULTIMATE OUTCOME OF THE INTERNET AND BIOTECHNOLOGY REVOLUTIONS; PHRENICEA MEANS THE FUTURE; PHRENICEA = THE FUTURE.
Additionally: PHRENECEA, PHRENECIA, PHRENESEA, PHRENESIA, PHRENICIA, PHRENISEA, PHRENISIA, FRENECEA, FRENECIA, FRENESEA, FRENESIA, FRENICEA, FRENICIA, FRENISEA, FRENISIA, MYPHRENICEA, FREN-EEE-SHUH.

SUBMISSIONS TO PHRENICEA.COM AND/OR JOHN HERMAN

ALL INFORMATION SUBMITTED TO PHRENICEA.COM AND/OR JOHN HERMAN VIA THIS SITE SHALL BE DEEMED AND REMAIN THE PROPERTY OF JOHN HERMAN. PHRENICEA.COM AND/OR JOHN HERMAN DOES NOT WANT TO RECEIVE CONFIDENTIAL OR PROPRIETARY INFORMATION FROM YOU THROUGH THIS WEBSITE OR OTHERWISE. PLEASE NOTE THAT ANY SUBMISSIONS OF INFORMATION OR MATERIAL YOU MAKE TO PHRENICEA.COM AND/OR JOHN HERMAN OVER THIS WEBSITE OR OTHERWISE WILL NOT BE DEEMED TO BE CONFIDENTIAL. WHEN YOU POST OR TRANSMIT CONTENT OR MATERIALS TO PHRENICEA.COM AND/OR JOHN HERMAN YOU AGREE TO NOT USE THIS SITE TO CONDUCT ANY ACTIVITY THAT IS ILLEGAL OR THAT VIOLATES THE RIGHTS OF OTHERS INCLUDING IMPERSONATING ANOTHER PERSON. BY SENDING PHRENICEA.COM AND/OR JOHN HERMAN ANY INFORMATION OR MATERIAL, YOU AUTOMATICALLY GRANT OR WARRANT THAT THE OWNER OF SUCH COMMUNICATION, CONTENT OR MATERIALS HAS EXPRESSLY GRANTED PHRENICEA.COM AND/OR JOHN HERMAN A ROYALTY-FREE, PERPETUAL, UNRESTRICTED, IRREVOCABLE, WORLD-WIDE NONEXCLUSIVE AND FULLY SUB-LICENSABLE RIGHT AND LICENSE TO USE, EDIT, DISTRIBUTE, REPRODUCE, PERFORM, MODIFY, TRANSMIT AND DISTRIBUTE, CREATE DERIVATIVE WORKS FROM, PUBLISH AND DISPLAY SUCH MATERIAL OR INFORMATION IN ANY MEDIA AND MEDIUM OR FORM AND FORMAT CURRENTLY KNOWN OR DEVELOPED IN THE FUTURE, AND YOU ALSO AGREE THAT PHRENICEA.COM AND/OR JOHN HERMAN SHALL FOR ANY PURPOSE BE FREE TO USE ANY CONCEPTS, IDEAS, KNOW-HOW, OR TECHNIQUES THAT YOU SENT TO US. PHRENICEA.COM AND/OR JOHN HERMAN SHALL NOT BE SUBJECT TO ANY OBLIGATIONS OF CONFIDENTIALITY REGARDING SUBMITTED INFORMATION.

GENERAL PHRENICEA.COM CONTEST RULES

BY PARTICIPATING IN A PHRENICEA.COM SPONSORED CONTEST OR SWEEPSTAKES, ALL ENTRANTS AGREE TO ABIDE BY THESE OFFICIAL RULES AS SPECIFIED HERE, AS WELL AS ADDITIONAL RULES SPECIFIED ELSEWHERE ON OTHER PHRENICEA WEBSITE PAGES RELATED TO A PARTICULAR CONTEST OR SWEEPSTAKES.

ELIGIBILITY

YOU MUST BE THIRTEEN YEARS OF AGE OR OLDER TO ENTER PHRENICEA.COM SPONSORED CONTEST(S) AND BE ELIGIBLE TO WIN. IN THE EVENT A MINOR WINS, THE PRIZE WILL BE AWARDED TO THE MINOR’S PARENT OR LEGAL GUARDIAN. PHRENICEA.COM SPONSORED SWEEPSTAKES IS VOID WHEREVER PROHIBITED BY NATIONAL, STATE, PROVINCIAL, MUNICIPAL OR LOCAL LAW. EMPLOYEES AND IMMEDIATE FAMILIES OR HOUSEHOLD MEMBERS OF SPONSORS ARE INELIGIBLE TO PARTICIPATE IN CONTEST(S). YOU MUST BE THIRTEEN OR OLDER IN ORDER TO ENTER PHRENICEA.COM SPONSORED CONTEST(S) AND TO WIN.

WINNER SELECTION AND NOTIFICATION

ENTRIES WILL BE DEEMED TO HAVE BEEN SUBMITTED BY THE AUTHORIZED ACCOUNT HOLDER OF THE E-MAIL ADDRESS SUBMITTED AT THE TIME OF ENTRY. "AUTHORIZED ACCOUNT HOLDER" IS DEFINED AS THE NATURAL PERSON WHO IS ASSIGNED TO AN E-MAIL ADDRESS BY AN INTERNET ACCESS PROVIDER, ONLINE SERVICE PROVIDER OR OTHER ORGANIZATION (E.G., BUSINESS, EDUCATIONAL INSTITUTION, ETC.) THAT IS RESPONSIBLE FOR ASSIGNING E-MAIL ADDRESSES FOR THE DOMAIN ASSOCIATED WITH THE SUBMITTED E-MAIL ADDRESS. ALL DRAWINGS AND/OR SELECTION PROCESSES WILL BE CONDUCTED UNDER THE SUPERVISION OF PHRENICEA.COM. THE DECISIONS OF PHRENICEA.COM ARE FINAL AND BINDING IN ALL MATTERS RELATING TO PHRENICEA.COM SPONSORED CONTEST(S). PHRENICEA.COM RESERVES THE RIGHT TO DETERMINE THE METHOD OF NOTIFICATION. THE SPONSORS SHALL NOT BE LIABLE FOR 1) FAILED, RETURNED OR MISDIRECTED NOTIFICATIONS BASED ON INACCURATE E-MAIL ADDRESS INFORMATION PROVIDED BY THE WINNER ON THEIR SUBMITTED E-MAIL ENTRY AND/OR ENTRY FORM 2) ENTRIES AND RESPONSES TO WINNER NOTIFICATIONS WHICH ARE LOST, LATE, INCORRECTLY COMPLETED, INCOMPLETE, ILLEGIBLE, UNINTELLIGIBLE, MISDIRECTED, DAMAGED OR OTHERWISE NOT RECEIVED BY THE INTENDED RECIPIENT IN WHOLE OR IN PART OR FOR COMPUTER OR TECHNICAL ERROR OF ANY KIND. WINNERS WILL BE GIVEN TEN (10) DAYS FROM THE FIRST DAY OF NOTIFICATION TO RESPOND TO CLAIM PRIZE. A NON-RESPONSE BY THE WINNER OR NON-RECEIPT OF NOTIFICATION RESPONSE AFTER THE SPECIFIED TEN (10) DAYS WILL BE CONSIDERED WINNER'S FORFEITURE OF PRIZE AND AN ALTERNATE WINNER MAY BE SELECTED FROM THE POOL OF ELIGIBLE ENTRIES. IF AN ENTRANT IS FOUND TO BE INELIGIBLE, AN ALTERNATE WINNER MAY ALSO BE SELECTED FROM THE POOL OF CORRECT, ELIGIBLE ENTRIES. AT THE DISCRETION OF THE SPONSORS, WINNERS MAY BE REQUIRED TO COMPLETE AND RETURN AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE AS A CONDITION OF ACCEPTANCE OF A PRIZE.

PRIZES

PHRENICEA.COM RESERVES THE RIGHT TO AMEND A CONTEST(S) WITHOUT PRIOR WRITTEN NOTICE. WINNERS SHALL BE RESPONSIBLE AND LIABLE FOR ALL NATIONAL, FEDERAL, STATE AND LOCAL TAXES ON THE VALUE OF THEIR PRIZE.

GENERAL CONDITIONS

CONTEST(S) IS VOID WHERE PROHIBITED BY LAW AND IS SUBJECT TO ALL APPLICABLE NATIONAL, FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. IN THE EVENT OF NON-COMPLIANCE BY THE WINNER WITH THE OFFICIAL RULES OF A CONTEST, AN ALTERNATIVE WINNER MAY BE AWARDED THE RESPECTIVE PRIZE. THE PRIZE IS NON-TRANSFERABLE. PRIZES ARE NOT TRANSFERABLE AND MAY NOT BE SUBSTITUTED FOR CASH, EXCEPT THAT THE SPONSORS RESERVE THE RIGHT TO SUBSTITUTE A PRIZE OF EQUAL OR GREATER VALUE IF THE PRIZE IS UNAVAILABLE. RETURN OF ANY PRIZE OR PRIZE NOTIFICATION AS UNDELIVERABLE WILL RESULT IN A DISQUALIFICATION AND AN ALTERNATE WINNER MAY BE SELECTED. ALL PRIZES WILL BE AWARDED. EXCEPT WHERE LEGALLY PROHIBITED, ACCEPTANCE OF ANY PRIZE CONSTITUTES PERMISSION FOR PHRENICEA.COM TO USE THE WINNER'S NAME, ADDRESS (CITY AND STATE, COUNTRY) AND TESTIMONIALS, IN PRINTED, BROADCAST MEDIA OR NEW MEDIA, IN PERPETUITY, IN ANY MANNER THEY DEEM APPROPRIATE IN CONNECTION WITH PROMOTING A CONTEST OR ANY OTHER SWEEPSTAKES AND/OR PROMOTION SPONSORED BY THEM, WITHOUT FURTHER COMPENSATION IN CONNECTION WITH THE FIRST CONTEST OR THE PRIZE AWARDED.

GOVERNING JURISDICTION

CONTEST(S) SHALL BE GOVERNED BY STATE OF NEW YORK, UNITED STATES LAW. BY PARTICIPATING IN A PHRENICEA.COM SPONSORED SWEEPSTAKES, ENTRANTS AGREE THAT NEW YORK COURTS SHALL HAVE JURISDICTION OVER ANY DISPUTE OR LITIGATION ARISING FROM OR RELATING TO CONTEST(S) AND THAT VENUE SHALL BE ONLY IN NEW YORK, NEW YORK.

RELEASES

BY PARTICIPATING, ENTRANTS AGREE THAT PHRENICEA.COM, THOSE INVOLVED IN THE DEVELOPMENT, PRODUCTION (INCLUDING PRIZE SUPPLIERS), IMPLEMENTATION AND DISTRIBUTION OF A PROMOTION AND ANY OTHER PERSON OR ENTITY ASSOCIATED WITH SUCH ENTITIES AND/OR PROMOTION SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES OR INJURIES, INCLUDING ANY THIRD PARTY CLAIMS, ARISING FROM OR RELATING TO, IN WHOLE OR IN PART, A CONTEST, INCLUDING ENTRY AND PARTICIPATION IN A CONTEST AND ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. ALL ENTRANTS FURTHER AGREE THAT IN THE EVENT OF ANY THIRD PARTY CLAIMS, DAMAGES, LOSSES OR INJURIES OR DEATH ARISING FROM OR RELATING TO A CONTEST, AND WINNER'S USE OF THE PRIZE, THEY WILL INDEMNIFY SPONSORS FROM ANY AND ALL SUCH CLAIMS, INCLUDING THE ATTORNEYS' FEES RELATED THERETO. THE SPONSORS SHALL NOT BE RESPONSIBLE FOR ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER EQUIPMENT, SOFTWARE, PROGRAM MALFUNCTIONS OR OTHER FAILURES, DELAYED COMPUTER TRANSACTIONS OR NETWORK CONNECTIONS THAT ARE HUMAN, MECHANICAL OR TECHNICAL IN NATURE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT'S OR ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING ANY PART OF A CONTEST. ENTRIES THAT ARE LOST, LATE, MISDIRECTED, GARBLED, OR INCOMPLETELY RECEIVED, FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, OR NETWORK FAILURE, MALFUNCTION, CONGESTION, OR INCOMPATIBILITY AT THE WEBSITE OR ELSEWHERE, WILL NOT BE ELIGIBLE. ANY PERSON ATTEMPTING TO DEFRAUD OR IN ANY WAY TAMPER WITH A CONTEST, THE ENTRY PROCESS, THE OPERATION OF THE WEBSITE, OR OTHERWISE IN VIOLATION OF THE RULES, TO BE IN THE SOLE AND UNFETTERED DISCRETION OF SPONSORS, WILL BE INELIGIBLE FOR PRIZES AND MAY BE PROSECUTED TO THE FULL EXTENT OF THE LAW. IT FURTHER RESERVES THE RIGHT TO CANCEL, TERMINATE, OR MODIFY ANY CONTEST ENTRY NOT CAPABLE OF COMPLETION AS PLANNED, INCLUDING INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FORCE MAJEURE, OR TECHNICAL FAILURES OF ANY SORT. THE SPONSORS RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CANCEL OR SUSPEND A CONTEST SHOULD VIRUSES, BUGS OR OTHER CAUSES BEYOND THEIR CONTROL CORRUPT THE ADMINISTRATION, SECURITY OR PROPER PLAY OF THE CONTEST. THE SPONSORS FURTHER RESERVE THE RIGHT TO MODIFY THE RULES OF A CONTEST FOR ANY REASONS.

THE SPONSOR

THE SPONSOR PHRENICEA.COM: ADMIN@PHRENICEA.COM, RESERVES ALL RIGHTS IN THE AWARDING OF PRIZES.

THIRD PARTY ADVERTISERS AND LINKS

THE SITE MAY CONTAIN LINKS TO WEBSITES OPERATED BY OTHER PARTIES. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF PHRENICEA.COM AND/OR JOHN HERMAN, AND PHRENICEA.COM AND/OR JOHN HERMAN IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE SITE. PHRENICEA.COM AND/OR JOHN HERMAN DOES NOT ENDORSE OR GUARANTEE ANY CONTENT, MATERIAL, PRODUCTS OR SERVICES CONTAINED ON OR ACCESSIBLE THROUGH LINKS TO OTHER SITES FROM THE PHRENICEA SITE. PHRENICEA.COM AND/OR JOHN HERMAN DISCLAIMS ALL LIABILITY WITH REGARD TO YOUR ACCESS TO SUCH LINKED WEBSITES. YOUR ACCESS TO ANY OTHER INTERNET SITES, INCLUDING CONTENT, MATERIAL, PRODUCTS AND SERVICES THEREIN, LINKED TO THIS SITE IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES.

PRIVACY

THE SITE IS NOT INTENDED OR DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF THIRTEEN (13) YEARS. WE DO NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM ANY PERSON. YOU AGREE TO BE BOUND BY AND COMPLY WITH OUR PRIVACY POLICY AND ANY OTHER POLICIES GOVERNING THE USE OF THE SERVICES OR THE SITE THAT ARE POSTED ON THE PHRENICEA SITE OR PROVIDED TO YOU EITHER ELECTRONICALLY OR OTHERWISE IN WRITING.

NO WARRANTY

USE OF THE SERVICES, THE SITE, AND ANY CONTENT AVAILABLE ON THE PHRENICEA WEBSITE IS AT YOUR OWN RISK. THE INFORMATION AND MATERIALS INCLUDED, CONTAINED OR REFERENCED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER CONTENT, MATERIALS, PRODUCTS, SERVICES, ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". PHRENICEA.COM AND/OR JOHN HERMAN DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. PHRENICEA.COM AND/OR JOHN HERMAN MAKES NO WARRANTY THAT (I) THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE RELIABLE; (III) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICES OR CONTENT WILL BE CORRECTED. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

LIMITATION OF LIABILITY

USE OF ANY PHRENICEA.COM WEBSITE OR WEB PAGE IS AT YOUR OWN RISK. PHRENICEA.COM AND/OR JOHN HERMAN SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR ANY LIABILITY, LOSS, OR RISK, PERSONAL OR OTHERWISE, WHICH IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OR MISUSE OR APPLICATION OF ANY OF THE CONTENTS OR HYPERLINKS OF THE PHRENICEA.COM WEBSITE OR WEB PAGES, EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, LOSS, OR RISK. THE SCENARIO(S) PRESENTED VIA THE PHRENICEA.COM WEBSITE IS A FICTIONALIZED ACCOUNT OF WHAT MIGHT OCCUR IN THE FIRST CENTURY OF THE NEW MILLENNIUM. PHRENICEA.COM AND/OR JOHN HERMAN IS NOT LIABLE FOR ANY PSYCHOLOGICAL IMPACT INCLUDING BUT NOT LIMITED TO MENTAL DEPRESSION OR OTHER PHYSICAL/MEDICAL CONDITIONS, PERSONAL INJURY, INCLUDING DEATH, ARISING IN CONNECTION WITH PHRENICEA WEBSITES OR WEB PAGES OR USE OR MISUSE THEREOF, EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONDITION, LIABILITY, RISK, OR LOSS. BECAUSE OF THE POSSIBILITY OF HUMAN OR MECHANICAL ERROR AS WELL AS OTHER FACTORS, ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL PHRENICEA.COM AND/OR JOHN HERMAN BE LIABLE TO ANY PARTY FOR ANY DAMAGES — EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BY WAY OF ILLUSTRATION AND NOT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SERVICES, EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOUR USE OR MISUSE OF, OR ACCESS TO HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY PHRENICEA.COM AND/OR JOHN HERMAN. PHRENICEA.COM AND/OR JOHN HERMAN TAKES NO RESPONSIBILITY OR LIABILITY FOR ANY SITE LINKED TO ANY PAGE (INCLUDING TEXT, BANNER, BUTTON, OR IMAGE LINKS) OF PHRENICEA.COM, EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH RESPONSIBILITY OR LIABILITY. PHRENICEA.COM AND/OR JOHN HERMAN IS NOT RESPONSIBLE FOR ANY DAMAGES, DIRECT OR INDIRECT, RELATED TO THE USE OF OUR E-MAIL ADDRESSES WITHOUT PERMISSION.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PHRENICEA.COM AND/OR JOHN HERMAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS AND INDEPENDENT CONTRACTORS FROM AND AGAINST ALL LOSSES, CLAIMS, ACTIONS OR DEMANDS, DAMAGES AND EXPENSES, INCLUDING ATTORNEY'S FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, ANY VIOLATION OF THIS AGREEMENT.

LINKS

UNLESS OTHERWISE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND PHRENICEA.COM AND/OR JOHN HERMAN, YOU MUST ADHERE TO THE PHRENICEA.COM AND/OR JOHN HERMAN LINKING POLICY AS FOLLOWS: (I) THE APPEARANCE, POSITION AND OTHER ASPECTS OF THE LINK MAY NOT BE SUCH AS TO DAMAGE OR DILUTE THE GOODWILL ASSOCIATED WITH PHRENICEA.COM AND/OR JOHN HERMAN'S NAMES AND TRADEMARKS, (II) THE APPEARANCE, POSITION AND OTHER ATTRIBUTES OF THE LINK MAY NOT CREATE THE FALSE APPEARANCE THAT YOUR ORGANIZATION OR ENTITY IS SPONSORED BY, AFFILIATED WITH, OR ASSOCIATED WITH PHRENICEA.COM AND/OR JOHN HERMAN, AND (III) PHRENICEA.COM AND/OR JOHN HERMAN RESERVES THE RIGHT TO REVOKE ITS CONSENT TO THE LINK AT ANY TIME AND IN ITS SOLE DISCRETION.

RIGHTS

ALL CONTENT WITHIN THIS SITE (AS WELL AS THE ORGANIZATION AND LAYOUT OF THE SITE) ARE OWNED AND COPYRIGHTED BY PHRENICEA.COM AND/OR JOHN HERMAN AND MAY BE ACCESSED, DOWNLOADED OR PRINTED FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. TITLE TO THE CONTENT REMAINS WITH PHRENICEA.COM AND/OR JOHN HERMAN. WITHOUT THE PRIOR WRITTEN PERMISSION OF PHRENICEA.COM AND/OR JOHN HERMAN, YOU MAY NOT COPY, DISTRIBUTE OR TRANSFER ANY CONTENT WITHIN THIS SITE, IN WHOLE OR IN PART. ALL TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (COLLECTIVELY THE "MARKS") ARE PROPRIETARY TO PHRENICEA.COM AND/OR JOHN HERMAN OR OTHER RESPECTIVE OWNERS THAT HAVE GRANTED PHRENICEA.COM AND/OR JOHN HERMAN THE RIGHT AND LICENSE.

TERMINATION

PHRENICEA.COM AND/OR JOHN HERMAN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO IMMEDIATELY TERMINATE THIS AGREEMENT WITH RESPECT TO ANY USER IN THE EVENT OF ANY BREACH BY A USER OF THIS AGREEMENT. IF YOU VIOLATE THE TERMS OF THIS AGREEMENT, YOUR RIGHTS TO USE THE FEATURES OF THE SITE COVERED BY THIS AGREEMENT AUTOMATICALLY TERMINATE.

ARBITRATION

ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE PRODUCTS OR SERVICES PHRENICEA.COM AND/OR JOHN HERMAN SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE FOREGOING SHALL NOT PRECLUDE PHRENICEA.COM AND/OR JOHN HERMAN FROM SEEKING ANY INJUNCTIVE RELIEF FOR PROTECTION OF PHRENICEA.COM AND/OR JOHN HERMAN INTELLECTUAL PROPERTY RIGHTS.

APPLICABLE LAWS

THIS SITE IS CREATED AND CONTROLLED BY PHRENICEA.COM AND/OR JOHN HERMAN FROM ITS OFFICES WITHIN THE STATE OF NEW YORK OF THE UNITED STATES OF AMERICA. AS SUCH, THE LAWS OF THE STATE OF NEW YORK WILL GOVERN THESE DISCLAIMERS, TERMS, AND CONDITIONS, WITHOUT REGARD TO OR APPLICATION OF CHOICE OF LAW, RULES OR PRINCIPLES. PHRENICEA.COM AND/OR JOHN HERMAN MAKES NO REPRESENTATION THAT MATERIALS IN THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENT OR USE IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

THIS AGREEMENT AND THE RESOLUTION OF ANY DISPUTE RELATED TO THIS AGREEMENT OR THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. PHRENICEA.COM AND/OR JOHN HERMAN'S FAILURE TO INSIST ON STRICT ENFORCEMENT OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE WITH PHRENICEA.COM AND/OR JOHN HERMAN, OR IN ANY WAY RELATING TO YOUR USE OF THE PHRENICEA SITE, RESIDES IN THE COURTS OF THE STATE OF NEW YORK. IN ADDITION, YOU AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF THE STATE OF NEW YORK IN CONNECTION WITH ANY DISPUTE INCLUDING A CLAIM INVOLVING PHRENICEA.COM AND/OR JOHN HERMAN, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTENT PROVIDERS, SUPPLIERS, AGENTS AND INDEPENDENT CONTRACTORS.

PHRENICEA.COM AND/OR JOHN HERMAN MAY AMEND THESE TERMS OF USE OR ANY OTHER NOTICES, TERMS AND CONDITIONS ON THIS WEBSITE AT ANY TIME BY UPDATING THIS POSTING. ACCORDINGLY, YOU SHOULD VISIT THIS WEBSITE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT AND EFFECTIVE TERMS AND CONDITIONS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS SUCH THESE TERMS AND CONDITIONS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS WEBSITE.

NO DELAY OR FAILURE TO TAKE ACTION UNDER SUCH TERMS AND CONDITIONS WILL CONSTITUTE A WAIVER BY PHRENICEA.COM AND/OR JOHN HERMAN UNLESS EXPRESSLY WAIVED IN WRITING BY A DULY AUTHORIZED OFFICER OF PHRENICEA.COM AND/OR JOHN HERMAN.

GENERAL

THIS AGREEMENT, AS MODIFIED FROM TIME TO TIME AS DESCRIBED ABOVE, AND INCLUDING THE POLICIES INCORPORATED BY REFERENCE, SETS FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND PHRENICEA.COM AND/OR JOHN HERMAN WITH RESPECT TO USE OF THE SITE AND SERVICES. IF ANY PROVISION OR PROVISIONS HEREOF SHALL BE HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT BE IN ANY WAY AFFECTED OR IMPAIRED THEREBY. PHRENICEA.COM AND/OR JOHN HERMAN SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE UNDER THIS AGREEMENT OR INTERRUPTION OF SERVICE RESULTING FROM ACTS OF GOD, CIVIL OR MILITARY AUTHORITY, WAR, LABOR DISPUTES, MATERIALS PROVIDED BY THIRD PARTIES, OR ANY CAUSE BEYOND THE REASONABLE CONTROL OF PHRENICEA.COM AND/OR JOHN HERMAN. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT OUR CONSENT.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT US AT POLICY@PHRENICEA.COM.

COPYRIGHT © 2000-2016 JOHN HERMAN. ALL RIGHTS RESERVED. USED BY PERMISSION ONLY.


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