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OPTIMALTHINKING.COM MEMBERSHIP AGREEMENT |
THESE RULES AND GUIDELINES ARE TO PROTECT YOU AND TO ENSURE THAT BECOMING A MEMBER AND PARTICIPATING IN OUR COMMUNITY IS FUN AND SAFE FOR YOU AND EVERYONE. We're sorry for all the legal terminology, but our lawyers are insisting on it.
YOU MUST BE AT LEAST 18 YEARS OLD TO BE A MEMBER OF OPTIMALTHINKING.COM ("Owner") AND BY YOU INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU REPRESENT AND WARRANT TO OWNER, ITS SUCCESSORS AND ASSIGNS, THAT YOU ARE AT LEAST 18 YEARS OLD. WHEN YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ARE CREATING A LEGAL DOCUMENT BETWEEN YOU AND OWNER AND YOU WILL BE BOUND BY ALL OF THE TERMS OF THIS LEGAL AGREEMENT. THEREFORE, YOU SHOULD READ THE ENTIRE AGREEMENT CAREFULLY BEFORE YOU INDICATE THAT YOU ACCEPT ALL OF THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU SHOULD *NOT* REGISTER FOR THIS SERVICE. OWNER RESERVES THE RIGHT TO CHANGE AND ALTER THE TERMS OF THIS AGREEMENT WITHOUT NOTICE TO YOU OTHER THAN SUCH NOTICE AS MAY BE POSTED PUBLICLY ON OUR WEB SITE FOR ALL OTHERS WHO HAVE AGREED TO THE PROVISIONS OF THIS AGREEMENT.
BEFORE YOU ACCEPT THIS AGREEMENT, YOU SHOULD NOTE THAT OTHER PARTIES INCLUDING BUT NOT LIMITED TO OTHER MEMBERS MAY POST MATERIALS THAT YOU MAY NOT AGREE WITH. YOU MUST KNOW THAT INFORMATION THAT YOU POST MAY BE ACCESSED AND VIEWED BY OTHERS. PLEASE BE EXTREMELY CAREFUL ABOUT THE INFORMATION YOU PROVIDE. |
| 1. | Our Service. The service provided by Owner is entitled "Optimal Thinking" or any other name we choose ("Our Service" in this agreement). The term "Our Service" includes any and all levels of service Owner provides now or at any other time. Our Service now includes access to chat and message boards, your choice of email newsletters and service personalization, e-Cards, as well as additional benefits to be added in the future. Other benefits may be offered through third parties. At the present time, memberships are available for free. Owner is free to change and modify Our Service without notice to you other than as such notice is publicly posted on our web site. As part of Our Service, Owner may provide a commerce section to Owner’s own store or as links to other merchants and other sites. If you decide to link to another site, you do so entirely at your own risk. Owner may provide links from Owner’s site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as an endorsement of any content, sponsor or Owner of any other site. |
| 2. | Right to Terminate. You may terminate your membership in Our Service for any reason, upon you sending to Owner written notice either by email or regular mail. In the event that you elect to terminate Our Service, you may advise us, via email to the address in paragraph 11 of this agreement, that you wish us to delete any information you may have provided to us as part of your membership in Our Service. Owner may terminate your membership in Our Service or Our Service in its entirety upon written notice to you for any reason whatsoever including but not limited to that Owner may terminate your membership in Our Service if you breach or otherwise violate any of the provisions of this Agreement, whether or not such breach or other violation is the subject of any litigation, claim or other such proceeding and whether or not any such breach or other violation is finally determined. |
| 3. | Your Membership. Your membership in Our Service may not be assigned, transferred to any other party nor may you allow any other party to use your membership nor access Our Service. If you terminate, however, your membership and any other fees, if you have paid any, will not be refunded. |
| 4. | Your Obligations. You shall be exclusively responsible for anything you post, publish or otherwise put up on Our Service or otherwise transmit to any other members of Our Service ("Material" in this agreement and the term "Material" shall include any information including any photographs, descriptions, biographical material, email information or the like you provide to Owner as part of any level of Our Service you select) and everything and all Material that you post, publish or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. You are responsible for maintaining the confidentiality of any password and account provided to you as part of Our Service, and are fully responsible for all activities that occur under your password or account. Owner reserves the right but has no obligation to reject any Material brought to Owner’s attention but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material. You agree that you will not post on Our Service or otherwise publish, transmit, republish or retransmit to others: |
| | a. | any Material that may violate the rights of any other party including but not limited to any rights of privacy, libel, slander, copyright, trademark or other rights nor any Material that is obscene, offensive, racist, sexually explicit, harassing or violates the laws of any state, country, province or any other governmental entity anywhere in the world; |
| | b. | any Material, including but not limited to any Material contained in your profile, that includes either your or any other party’s telephone number, street address, last names, URL’s or other web site designations, email address, anatomical or sexual references, or sexually suggestive language; |
| | c. | any photographs, graphics or the like in any format containing nudity or personal information; |
| | d. | any Material that is encrypted; |
| | e. | any Material that is advertising or involves the commercial or other solicitation in any manner of any commercial nature, whether for you or any other party and whether or not considered to be "spam" or junk email and whether or not mailed individually or as part of a mass mailing; |
| | f. | any Material that may be deemed to be or is a chain letter or the like; and |
| | g. | any Material that contains or delivers any form of viruses, trojan horses, etc. |
| Additionally, you understand that everyone who posts any Material to Our Service may own rights to that Material and you agree that you shall not copy, transmit, repost or otherwise use any such Material anywhere without the express, prior and written permission of the Owner of that Material. You further agree that you shall not interrupt or disrupt or attempt to interrupt or disrupt Our Service in any way nor prevent or impede any other party’s access to Our Service. |
| 5. | Owner’s Rights. Owner reserves the right and by entering into this agreement you expressly consent to allow Owner to access all Material and other information you post on Our Service as well as the right to monitor any and all activities on Our Service including the right to remove any Material that Owner deems in violation of this agreement but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities or such Material. You expressly consent to allow Owner the right to store and make copies of all of your Material and other information you post. You expressly consent to allow Owner to disclose to any other party all such Material and other information you post. If you desire that Owner not disclose such information, then you must notify Owner via email to the address set forth in paragraph 11 of that desire and failing to receive such notification from you, Owner shall have all the rights set forth in this agreement regarding all such Material. Unless you notify Owner of your desire that Owner remove the Material upon your termination, as set forth in paragraph 2 above, Owner’s rights to the Material shall extend both during as well as after the term of your membership in Our Service. Owner is the proprietor of all of Owner’s copyrights, trademarks and other proprietary rights and you shall have no rights of any sort in and to nor shall you use any of Owner’s proprietary rights. You hereby give and grant to Owner, its successors, assigns and licensees, all rights to use, copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works and the within grant shall be a grant to Owner and its successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason. Owner shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement to any other party. |
| 6. | Interpretation of this Agreement. It is the intention of Owner in this agreement and with regard to Our Service to make certain that Owner is not deemed to be a publisher of any Material nor responsible in any manner for the conduct of you or any other member or otherwise and as such, this agreement and Our Service shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and to make Owner’s actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted. |
| 7. | Your Promises. You represent and warrant: that you are over the age of 18; that neither the Material nor entering into this agreement by you will impair or violate any rights of any party as set forth above and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, Our Service or otherwise anywhere in the world; that the Material is original with you; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and the like regulating this agreement, Our Service or otherwise. You further represent and warrant that you shall not seek to hold Owner, nor any of its shareholders, officers, directors, agents, attorneys or others liable in any manner for anything that may result from your or another person’s use of Our Service. These warranties shall survive the termination of this agreement. |
| 8. | Your Indemnities. You shall defend and save and hold harmless Owner, Owner’s affiliated and related corporations and other related business entities, their or Owner’s respective successors and assigns and their or Owner’s licensees, partners, employees, agents, attorneys, shareholders, officers, directors against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any third parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement. |
| 9. | No Warranties. OUR SERVICE AND OWNER’S PROVIDING OF OUR SERVICE HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. YOU ARE USING OUR SERVICE AT YOUR OWN RISK. OWNER DOES NOT WARRANT OR GUARANTEE, AND OWNER SHALL NOT BE RESPONSIBLE FOR, THE CORRECTNESS OF ANY MATERIAL POSTED ON OUR SERVICE BY ANY PARTY AND OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY. OWNER SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO THE ACTS OR OMISSIONS OF ANY OTHER MEMBER OF OUR SERVICE OR ANY ACTS OR OMISSIONS OF ANY PARTY TO WHOM OUR SERVICE HAS PROVIDED ANY LINKS OR WHICH OTHER PARTY MAY PROVIDE SERVICES AS PART OF OUR SERVICE. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, DISEASE OR ILLNESS OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION WHETHER AS A RESULT OF VIRUSES, YEAR 2000 PROBLEMS OR OTHERWISE, NOR FOR FAILURE OF OWNER’S OR ANY OTHER WEB HOSTING OR OTHER SERVER NOR ANY FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS FOR ANY PERIOD OF TIME NOR FOR ANY CAUSE OUTSIDE OF OWNER’S CONTROL NOR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE. |
| 10. | Owner’s Privacy Policy. Owner does not collect personal information about you except when knowingly provided by you as part of your membership and as described in this membership agreement or as further described below. Owner may, however, use or provide to third parties, statistics about members, traffic patterns and related site information but these will not personally identify you. However, by accepting this agreement, and responding to any request for personal information, you agree that Owner may use and provide to third parties the information that you provide in order to provide you with information about relevant products and services. If you do not wish to receive e-mail or other correspondence related to Owner’s or third parties’ promotions or products, simply indicate your preference when you are asked to provide the information or send Owner email at the address indicated in paragraph 11 of this agreement. Owner may change this privacy policy by publicly posting such changes on Owner’s web site. In addition, please keep in mind that whenever you voluntarily disclose personal information online (for example on message boards, through email, or in chat areas), that information can be collected and used by Owner and by third parties and may result in unsolicited messages. Further, through Owner you may be introduced to a variety of third-party vendors and sites. For example, you can review the products offered by the vendors included on Owner’s site. The privacy polices of these third parties are not under Owner’s control and may differ from Owner’s. The use of any information that you may provide to any third party, or the use of "cookie" technology by any third party, will be governed by the privacy policy of the operator of the site that you are visiting. In some cases these third parties may share the information that they collect about you with Owner.If you have any doubts about the privacy of the information you are providing on another site, we recommend that you contact that site directly for more information and review their privacy policy. Notwithstanding anything else in this privacy policy, Owner may release information when it believes that such release is reasonably necessary to (1) comply with law, (2) enforce or apply terms of any of this membership agreement or (3) protect the rights, property or safety of Owner, other users, or others.
"Cookies" are small pieces of information that are stored by your browser on your computer’s hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. Owner uses "cookie" technology in a limited way to help deliver advertisements, to identify unique browsers that visit Owner’s web site and to track usage throughout Owner’s site. Additionally, each time you visit Owner’s web site, Owner’s servers automatically collect information about which pages are visited and the domain name of visitors for purposes of research and analysis. All of this information is used for internal review, to tailor information to individual visitors and for traffic audits. In some instances, the information may be aggregated and sold to third parties.
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| 11. | Miscellaneous. Our Service is provided by The World Academy of Personal Development Inc., a California corporation, located at 449 S. Beverly Drive, Suite 214, Beverly Hills, CA 90212. Our phone number is (310) 557-2761. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. If you have any complaints about Our Service, you can contact Owner at the above email or other address. You may also contact, in writing, The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs writing at 400 R Street, Sacramento, CA, 95814, or by telephone at (800) 952-5210. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. If we ask a third party to provide services through our network or for your membership, the provisions of this agreement shall apply to your use of their services. This agreement is the complete understanding between you and Owner and may be modified and any of its provisions waived only by a writing signed by both you and Owner. It shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. Captions in this agreement are for explanation purposes only and have no substantive effect. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction in Los Angeles, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
BY CLICKING ON THE "JOIN COMMUNITY" BUTTON, ON THE JOIN COMMUNITY FORM YOU ARE AGREEING TO BECOME A MEMBER OF OUR SERVICE AND YOU EXPRESSLY AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. |
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