| Welcome to Effective Learning Systems.
Effective Learning Systems and its affiliates provide
their services to you subject to the following conditions.
If you visit or shop at Effective Learning Systems, you
accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy
Notice, which also governs your visit to Effective
Learning Systems, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Effective Learning Systems or send emails
to us, you are communicating with us electronically. You
consent to receive communications from us electronically.
We will communicate with you by email or by posting notices
on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to
you electronically satisfy any legal requirement that
such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of Effective
Learning Systems or its content suppliers and protected
by United States and international copyright laws. The
compilation of all content on this site is the exclusive
property of Effective Learning Systems and protected by
U.S. and international copyright laws. All software used
on this site is the property of Effective Learning Systems
or its software suppliers and protected by United States
and international copyright laws.
TRADEMARKS
EFFECTIVE LEARNING SYSTEMS; EFFECTIVE LEARNING SYSTEMS
BOOKS; THE LOVE TAPES; EFFECTIVE MEDITATION, WHILE-U-DRIVE;
FOR BUSY PEOPLE; MUSIC AFFIRMATIONS; and other marks indicated
on our site are registered trademarks of Effective Learning
Systems, Inc. or its subsidiaries, in the United States
and other countries. The Love Tapes, For Busy People,
While-U-Drive, Effective Meditation, Music Affirmations,
Your Complete Success and other Effective Learning Systems
graphics, logos, page headers, button icons, scripts,
and service names are trademarks or trade dress of Effective
Learning Systems, Inc. or its subsidiaries. Effective
Learning Systems’ trademarks and trade dress may
not be used in connection with any product or service
that is not Effective Learning Systems’, in any
manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Effective
Learning Systems. All other trademarks not owned by Effective
Learning Systems or its subsidiaries that appear on this
site are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored
by Effective Learning Systems or its subsidiaries.
LICENSE AND SITE ACCESS
Effective Learning Systems grants you a limited license
to access and make personal use of this site and not to
download (other than page caching) or modify it, or any
portion of it, except with express written consent of
Effective Learning Systems. This license does not include
any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents;
any downloading or copying of account information for
the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written
consent of Effective Learning Systems. You may not frame
or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images,
text, page layout, or form) of Effective Learning Systems
and our affiliates without express written consent. You
may not use any meta tags or any other "hidden text"
utilizing Effective Learning Systems’ name or trademarks
without the express written consent of Effective Learning
Systems. Any unauthorized use terminates the permission
or license granted by Effective Learning Systems. You
are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of Effective Learning
Systems so long as the link does not portray Effective
Learning Systems, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Effective Learning
Systems logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for
restricting access to your computer, and you agree to
accept responsibility for all activities that occur under
your account or password. Effective Learning Systems does
sell products for children, but it sells them to adults,
who can purchase with a credit card. If you are under
18, you may use Effective Learning Systems only with involvement
of a parent or guardian. Effective Learning Systems and
its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in
their sole discretion.
RISK OF LOSS
All items purchased from Effective Learning Systems are
made pursuant to a shipment contract. This means that
the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Effective Learning Systems and its affiliates attempt
to be as accurate as possible. However, Effective Learning
Systems does not warrant that product descriptions or
other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by Effective
Learning Systems itself is not as described, your sole
remedy is to return it in unused condition. DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EFFECTIVE LEARNING SYSTEMS
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EFFECTIVE LEARNING SYSTEMS MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EFFECTIVE
LEARNING SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EFFECTIVE LEARNING SYSTEMS DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR email SENT FROM EFFECTIVE LEARNING
SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EFFECTIVE LEARNING SYSTEMS WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Effective Learning Systems, you agree that
the laws of the state of Minnesota without regard to principles
of conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you
and Effective Learning Systems or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Effective
Learning Systems or to products you purchase through Effective
Learning Systems shall be submitted to confidential arbitration
in the state of Minnesota except that, to the extent you
have in any manner violated or threatened to violate Effective
Learning Systems's intellectual property rights, Effective
Learning Systems may seek injunctive or other appropriate
relief in any state or federal court in the state of Minnesota,
and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND
SEVERABILITY
Please review our other policies posted on this site.
These policies also govern your visit to Effective Learning
Systems. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If
any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
OUR ADDRESS
Our current address appears at the bottom of this web page.
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