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Terms and Conditions of Use CONSCIOUSONE.COM Welcome to CONSCIOUS ONE. The CONSCIOUS ONE service encompasses a wide variety of services and resources, including, online self-study courses, various communications tools, forums, shopping services and personalized content, hereinafter (the “Service”). Your use of the service constitutes your agreement to be legally bound and to abide by these Terms and Conditions of Use, hereinafter (the “TERMS”). CONSCIOUS ONE reserves the right to update these terms from time to time without notice. Registration for Service In consideration of your use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or CONSCIOUS ONE has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, CONSCIOUS ONE has the right to suspend or terminate your account and limit access to any and all current or future use of the Service. You must be 18 years of age or older to register with CONSCIOUS ONE. Account, Password, Consent To Use of Electronic Signature You will receive a password and account designation upon completing the Service's registration process. Your password is your "Electronic Signature". You agree that it is your lawful, original signature for the purpose of authenticating the validity of documents assented to by you. For your protection, all of your account information is placed on a secure portion of the Site. CONSCIOUS ONE uses Secure Sockets Layer ("SSL") technology from a recognized third party certificate of authority. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CONSCIOUS ONE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. User Conduct All information submitted to the Service, including but not limited to, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, remains the sole responsibility of the person from which such Content originated. This means that you, and not CONSCIOUS ONE, remain responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CONSCIOUS ONE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CONSCIOUS ONE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: 1. Upload, post, email, transmit or otherwise disseminate any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. Upload, post, email, transmit or otherwise disseminate any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 3. Impersonate any person or entity, including, but not limited to, a CONSCIOUS ONE staff member or a licensed professional, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. Forge or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 5. Harm minors in any way. 6. Upload, post, email, transmit or otherwise disseminate any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 7. Upload, post, email, transmit or otherwise disseminate any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. 8. Upload, post, email, transmit or otherwise disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. Interfere with or disrupt the Service or the servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 10. Intentionally or unintentionally violate any applicable local, state, national or international law. 11. "Stalk" or otherwise harass another; or collect or store personal data about other users. Content CONSCIOUS ONE does not pre-screen Content, but CONSCIOUS ONE and its designees shall retain the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CONSCIOUS ONE and its designees shall have the right to remove any Content in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CONSCIOUS ONE, offered by, or submitted to CONSCIOUS ONE. Not Medical Advice Content contained on or made available through the Web Site is not intended to be and does not constitute medical advice nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the CONSCIOUS ONE Site. If you think you may have a medical emergency, call your doctor or 911 immediately. CONSCIOUS ONE does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by CONSCIOUS ONE, CONSCIOUS ONE employees, others appearing on the Site at the invitation of CONSCIOUS ONE, or other visitors to the Site is solely at your own risk. The Site may contain health or medical-related materials that are sexually explicit. Licenses CONSCIOUS ONE does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant CONSCIOUS ONE the following worldwide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of CONSCIOUS ONE, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the CONSCIOUS ONE network of properties that are intended by CONSCIOUS ONE to be available to the general public. Use and Storage CONSCIOUS ONE may establish general practices and limits concerning use of the Service, including without limitation message board postings or other uploaded Content. You agree that CONSCIOUS ONE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge and agree that CONSCIOUS ONE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CONSCIOUS ONE, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. No Warranties THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), CONSCIOUS ONE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. CONSCIOUS ONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, SUITABILITY OR OTHERWISE. YOU (AND NOT CONSCIOUS ONE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), CONSCIOUS ONE IS NOT RESPONSIBLE FOR AND DOES NOT APPROVE OR ENDORSE THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. LINKS TO ANY SUCH SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK. Limitation of Liability CONSCIOUS ONE, its licensors and suppliers are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Site, Site-related services and/or content, or information contained within the Site, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services. International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Indemnity You agree to indemnify and hold CONSCIOUS ONE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another. Modifications to Service CONSCIOUS ONE reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CONSCIOUS ONE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Termination of Account CONSCIOUS ONE, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CONSCIOUS ONE believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. CONSCIOUS ONE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that CONSCIOUS ONE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. CONSCIOUS ONE shall not be liable to you or any third-party for any termination of your access to the Service. Dealings with Advertiser Members Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CONSCIOUS ONE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. Hyperlinks CONSCIOUS ONE may, from time to time, provide links to other World Wide Web sites or resources. Because CONSCIOUS ONE has no control over such sites and resources, CONSCIOUS ONE can not be responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. CONSCIOUS ONE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. CONSCIOUS ONE’s Proprietary Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CONSCIOUS ONE or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute, hypothecate or create derivative works based on the Service or the Software, in whole or in part. CONSCIOUS ONE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CONSCIOUS ONE for use in accessing the Service. Trademark Information CONSCIOUS ONE, the CONSCIOUS ONE logo, Wisdom Flash, Conscious Cards, and “Welcome to a World of Incredible Vision, Wisdom and Growth, welcome to the world of consciousone.” are the trademarks and service marks of CONSCIOUS ONE, Inc. (the "CONSCIOUS ONE Marks"). Jurisdiction - Territorial Concerns The Terms and Conditions of Use and the relationship between you and CONSCIOUS ONE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CONSCIOUS ONE agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California. Use of or access to the Site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by CONSCIOUS ONE. Other Provisions The failure of CONSCIOUS ONE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court or other authority of competent jurisdiction to be invalid. This User Agreement will inure to the benefit of CONSCIOUS ONE and its successors and assigns. The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles The section titles in the Terms are for convenience only and have no legal or contractual effect. Address and Contact Information CONSCIOUS ONE, Inc. is a California corporation. CONSCIOUS ONE's address is 350 South Crenshaw Boulevard, Suite A 200, Torrance CA, 90503. You may send email to CONSCIOUS ONE at service@CONSCIOUSONE.com. References herein to "CONSCIOUS ONE" mean the CONSCIOUS ONE companies and their affiliates, sponsors, directors, officers, employees and agents. The Terms and Conditions of Use constitute the entire agreement between you and CONSCIOUS ONE and govern your use of the Service, superceding any prior agreements between you and CONSCIOUS ONE. Other terms and conditions may apply when you use affiliate services, third-party content or third-party software.
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