ExperimentsWithTruth's
services include proprietary materials, the use of which is subject to the terms
and conditions of this end-user agreement, as amended from time to time upon notice
from ExperimentsWithTruth, which notice may be provided to you on the pages through
which you access or use the services. Proceeding with the use of the Services, or
the continued use of the services after receiving notice of any changes, constitutes
your assent to and acceptance of the end-user agreement hereto.
If you do not aGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!
This
End-User Services Agreement ("Agreement") is an agreement between you, an individual
("User"), ExperimentsWithTruth, LLC, a California Limited Liability Company,
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services provided by Company are provided to User under the terms and conditions
of this Agreement, any amendments to this Agreement, and any operating rules or
policies that may be published from time to time by Company, all of which are hereby
incorporated by reference. This Agreement comprises the entire agreement between
User and Company and supersedes any prior agreements pertaining to the subject matter
contained herein.
2. DESCRIPTION OF SERVICES AND FEES
Company is providing User with the following services: (a) a subscription-based
program to aid in User's spiritual practices, and includes private User-generated
content, as well as public User-generated content in the form of comments to blogs
or of forum entries; and (b) any other services which Company may elect to provide
in the future.
Company
also reserves the right to modify or discontinue, temporarily or permanently, the
Services with or without notice to User. User agrees that Company and its third
party service providers shall not be liable to User or any third party for any modification
or discontinuance of the Services.
Fees
a) At this time, the services are
provided free for all users. ExperimentsWithTruth reserves the right to charge fees in the future to existing and/or
new subscribers. In this event, the Company will notify Subscriber by email thirty (30) days prior to the effective date of the change,
to the User's email address.
b) All users and subscribers, whether subscribing for free or paying in the future, are subject to the terms and conditions of this Agreement and any related amendments.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least eighteen (18) years old to register for the Services. In consideration
of use of the Services, User agrees to: (a) provide true, accurate, current, and
complete information about User as prompted by the registration form; and (b) to
maintain and update this information to keep it true, accurate, current, and complete.
If any information provided by User ("Registration Data") is untrue, inaccurate,
not current, or incomplete, Company has the right to terminate User's account and
refuse any and all current and/or future use of the Services.
4. USE OF REGISTRATION DATA
Company agrees not to contact User if User informs Company of User's preference
not to be contacted.
User agrees that Company or a designee of Company may disclose Registration Data
to third parties about User and information about User's use of the Services, provided
that such disclosures do not include User's name, mailing address, email address,
telephone or facsimile number, or account number, unless User has otherwise authorized
Company to disclose such information; (b) such disclosure is required by law or
legal process; or (c) User violates any of the terms set forth in Section 7 below.
This Agreement includes the terms and conditions of Company's Privacy Policy, a
copy of which is located at www.experimentswithtruth.com/privacypolicy.aspx, and which
is hereby incorporated by reference. In the event that there exists any inconsistency
between this Agreement and the Privacy Policy, the terms and conditions of the Privacy
Policy shall take precedence.
5. USER CONTENT
Company considers content generated by User to be private, except in the case of
User's comments about blogs or entries in forums, which are accessible to all visitors
to www.experimentswithtruth.com. Neither Company nor any third party will monitor,
edit, or disclose the contents of a User's private entries, except that User agrees
that Company and its third party service providers may do so: (a) as required by
law; (b) to comply with legal process; (c) if necessary to enforce this Agreement;
(d) to respond to claims that such contents violate the rights of third parties;
or (e) to protect the rights or property of Company and its third party service
providers, or others.
User acknowledges that content posted to public community areas is publicly available
and that Company does not take any responsibility for such content. However, Company
reserves the right to remove any public content posted by a User that violates any
law or condition of this Agreement, upon notice of such violation.
User acknowledges and agrees that Company and its third party service providers
do not endorse the content of any User communications and are not responsible or
liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content,
or content that infringes or may infringe the intellectual property or other rights
of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose a user name. User agrees to choose a user name which
is unique, not obscene, unlawful, or otherwise objectionable, in Company's sole
discretion. Company shall own User's complete user name.
User will choose a password and receive an account upon completing the registration
process for the Services. User is responsible for maintaining the confidentiality
of the password and account, and is fully responsible for all activities that occur
under User's account. User agrees to immediately notify Company of any unauthorized
use of User's password or account or of any other breach of security.
7. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international
laws and regulations during use of the Services, and agrees not to interfere with
the use and enjoyment of the Services by other users. User agrees to be solely responsible
for the contents of User's private and public written entries and comments, whether
uploaded or posted, in User's use of the Services.
User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere
with or disrupt the Services or servers or networks connected to the Services; (c)
to comply with all requirements, procedures, policies, and regulations of networks
connected to the Services; and (d) not to resell the Services or use of or access
to the Services.
User agrees not to upload or post via the Services: (a) any unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent,
tortuous, or otherwise objectionable material of any kind; (b) any material that
violates the rights of another, including, but not limited to, the intellectual
property rights of another; (c) any material that violates any applicable local,
state, national, or international law or regulation; or (d) unsolicited or unauthorized
advertisements, promotional materials, or other forms of solicitation. User agrees
not to attempt to gain unauthorized access to other computer systems or networks
connected to the Services. User acknowledges and agrees that Company may ban User
from future use of the Services if User does not comply with Company's standards
of conduct, even if User attempts to use the Services through another Client or
under a different name. Furthermore, User acknowledges and agrees that Company may
recover damages from User if User violates these terms.
8. INDEMNITY
User agrees to indemnify and hold Company and its third party service providers,
and their parents, subsidiaries, affiliates, officers, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of User's use of the Services, User's connection to the Services,
User's violation of this Agreement, or User's violation of any rights of another
party.
Inasmuch
as the Services provided by Company may be too intense and therefore incompatible
with the mental and emotional states of Users who are under treatment by or care
of a psychiatrist, clinical psychologist, psychotherapist, or other mental health
professional, it is recommended that such Users consult with their mental health
professional to ascertain whether or not the Services provided by Company are a
threat to the User's mental and emotional well-being. Also, Company's Services are
by no means intended to provide a source of medical or financial advice nor to be
a substitute for professional medical attention or professional financial advice.
User agrees to indemnify and hold Company and its third party service providers,
and their parents, subsidiaries, affiliates, officers, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, due to or arising out
of User's use of the Services, User's connection to the Services, User's violation
of this Agreement, or User's violation of any rights of another party.
9. STORAGE OF CONTENT
Company and its third party service providers assume no responsibility for the deletion
of content maintained through the Services. Company may establish in its sole discretion
an upper limit on the extent of message storage it will maintain for User. The User's
sole recourse to save content permanently is to use the print function on the Company's
website, www.experimentswithtruth.com.
Programming,
design errors, maintenance of www.experimentswithtruth.com or Services, or unauthorized
access to the Company website or Services, may result in the loss of User content.
User agrees that Company is not responsible or liable for any loss of User content.
10. TERMINATION
(a) User agrees that Company may terminate User's password, account, or use of the
Services if Company believes: (i) that User has violated or acted inconsistently
with the letter or spirit of this Agreement; or (ii) that User has violated the
rights of Company or its third party service providers or other Users or parties.
User further agrees that Company may terminate User's password, account, or use
of the Services if User fails to keep current account information that prevents
payment, when applicable, and is not remedied after notification by Company.
(b) User agrees Company may immediately delete User's account and all related information
and files, and may bar any further access to such account and files, or the Services
under any provision of this Agreement. User also acknowledges and agrees that termination
of any of the Services may be effected without prior notice.
11. LINKS
The Services may provide, or users may include in community postings, links to other
websites or resources. However, User agrees not to include in community postings
(or elsewhere via the Services) any "deep link" that leads to a web page, other
than the home page, of another party's website unless such a link is authorized
by the owner of that website. User acknowledges and agrees that Company and its
third party service providers are not responsible for the availability of such external
sites or resources, or for User's use of deep links, and that Company and its third
party service providers do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or available from such sites
or resources.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited to, text,
software, music, sound, photographs, graphics, video, or other material contained
in sponsor advertisements or information presented to User through the Services
or third party advertisers is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. User acknowledges and agrees that
User is permitted to use this material and information only as expressly authorized
by Company or advertisers, as applicable, and may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without such
express authorization.
User
agrees not to contest or aid in contesting the ownership or validity of the copyrights
and trademarks of Company in connection with Company Services.
User
agrees not to (directly or indirectly) promote, advertise, market, or provide any
product or service similar to or competitive with Company's website or Services.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) USER
ACKNOWLEDGES THAT THE WEBSITE CONTENT MAY CONTAIN ERRORS, INACCURACIES, AND OMISSIONS.
USER AGREES TO ASSUME ANY AND ALL RISK OF LOSS, HARM, OR DAMAGE ASSOCIATED WITH
USER'S ACCESS TO AND USE OF SERVICES.
(c) COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(d) COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES
WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES,
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(e) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S
OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL OR DATA.
(f) COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES.
(g) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY
OR ITS THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(h) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS
OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA,
OR OTHER INTANGIBLES, EVEN IF COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL
NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION
OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright
Act, Company has a policy providing for termination of Services to account holders
who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT
SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST
PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE
OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii)
SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF
THE DIGITAL MILLENNIUM COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS
AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO SOME USERS.
15. AMENDMENT
Company may modify this Agreement at any time, and such modifications shall be effective
immediately upon posting or other method of notification to User, which notice may
be provided on the Web pages through which User accesses or uses the Services. User's
continued access or use of the Services shall be deemed to be User's conclusive
acceptance of the modified Agreement.
16. GENERAL
Company's third party service providers are intended beneficiaries of this Agreement.
This Agreement and the relationship between User and Company shall be governed by
the laws of the State of