The Web Site is owned and operated by LIFECHANGERS ("LIFECHANGERS," "us" or "we").
This Web Site and all of its current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any other form of intellectual property (collectively, the "Content") is owned by or licensed to John Van Epp. Ph.D. or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
Subject to your compliance with these Terms, LIFECHANGERS hereby grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to access, download and view a single copy of the Content. You must retain all copyright, trademark and other proprietary notices contained in the original Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any code that comprises the Web Site's software, HTML, JavaScript, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web site, nor insert any code or product to manipulate the Content in any way that affects any user's experience. Unless otherwise expressly authorized in these Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe that your work has been copied on the Web Site in a way that constitutes copyright infringement, please promptly provide LIFECHANGERS's Copyright Agent by email to our Webmaster.
- i. your name address, telephone number and email address;
- ii. a description of the copyrighted work that you claim has been infringed;
- iii. a description of where the material that you claim is infringing is located on the Web Site;
- iv. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- v. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf; and
- vi. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
CHANGES
TO SITE/TERMS
LIFECHANGERS may add, change, discontinue, remove or
suspend any portion of the Web Site at any time, without notice.
We reserve the right, in our sole discretion, to modify, alter,
or otherwise change these Terms and will post any new or revised
terms on the Web Site.
USER ACCOUNTS
Certain areas of the Web Site may ask you to create an account
or may otherwise ask you to provide information to participate
in certain features or to access certain content. The Web Site's
practices governing your personal information are disclosed in
its Privacy Policy.
If you choose to provide information to the Web Site, you agree
to provide only true, accurate, current and complete
information. If you create an account, you agree to accept
responsibility for all activities that occur under your account
or password, if any, and agree you will not sell, transfer or
assign your account. You are responsible for maintaining the
confidentiality of your password, if any, and for restricting
access to your computer so that others may not access any
password protected portion of the Web Site using your name in
whole or in part.
USER FORUMS
Forums, message boards, chat rooms, online diaries, or other
interactive areas on the Web Site ("User Forums") are provided
to give users a forum to express their opinions and share their
ideas and information. LIFECHANGERS and Affiliates (defined
below) do not endorse the content posted in User Forums.
LIFECHANGERS does not and cannot review every message
posted by users in User Forums. LIFECHANGERS reserves the
right, but is not obligated, to delete, move or edit content, in
whole or in part, submitted by you to a User Forum for any
reason in LIFECHANGERS's sole discretion.
Please note that, generally, information you submit in a User
Forum will be accessible by other users of the Web Site. Please
be sure that any information you post on any publicly accessible
User Forum (including any online diary entry or entries that you
choose to share with others, either via the Web Site or by
e-mailing the entry or entries to your friends or families) is
information that you are comfortable sharing with others.
RESTRICTIONS ON USE
As used in the Terms, "Affiliates" means LIFECHANGERS's ,
NoJerks.com. and its and their related companies, subsidiaries,
licensors, divisions, affiliates, directors, officers, partners,
agents and assigns.
You agree not to do any of the following while using the Web
Site:
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of LIFECHANGERS or the Affiliates), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by LIFECHANGERS in its sole discretion);
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Web Site.
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to LIFECHANGERS, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
- transmit or otherwise make available through the Web Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation.
SUBMISSIONS POLICY
Although we welcome your comments, we do not accept unsolicited
submissions for shows, web sites or other products or services.
It is the intent of this policy to avoid the possibility of
future misunderstandings when projects developed by our or the
Affiliates' staff might seem to others to be similar to their
own creative ideas or materials. Therefore, please do not make
any such unsolicited submissions to LIFECHANGERS or the
Affiliates through this Web Site or otherwise.
Except as otherwise described in the Web Site's Privacy Policy,
anything you submit to LIFECHANGERS through this Web Site
or otherwise (whether solicited or unsolicited), including,
without limitation, any ideas, data, questions, artwork,
comments, suggestions, or personal information ("Submissions"),
is and will be treated as non-confidential and non-proprietary
and we will not be liable for any use or disclosure. You hereby
irrevocably assign to LIFECHANGERS and the Affiliates all
right, title and interest in and to those Submissions,
including, without limitation, all patents, trademarks, service
marks, trade names, trade identities, copyrights, trade secrets,
logos, domain names, know-how, source code and object code,
mask-work rights, inventions, moral rights, author's rights,
algorithms, rights in packaging, goodwill and other intellectual
property and proprietary rights that may subsist in the
Submissions. You further agree that LIFECHANGERS and the
Affiliates will have the unfettered right throughout the
universe, in perpetuity, without any credit or compensation to
you, to use, reuse, modify, alter, display, archive, publish,
license, perform, reproduce, disclose, transmit, publish,
broadcast, post, sell, translate, create derivative works of, or
distribute any submissions or portions of any Submissions in any
form, media, software or technology of any kind now known or
developed in the future for any purposes whatsoever including,
without limitation, developing, manufacturing and marketing
products using such information. You hereby waive any moral
rights you may have in and to any of your Submissions, even if
such material is altered or changed in a manner not agreeable to
you. You represent that any Submissions are original with you
and do not infringe upon, misappropriate or violate the rights
of any third parties, including, without limitation, any
intellectual property rights, rights of publicity or privacy or
any other proprietary rights. You agree to execute any documents
and take all steps that LIFECHANGERS determines are
necessary to affect the intentions of these Terms. You agree and
understand that LIFECHANGERS is not obligated to use any
Submission you make to LIFECHANGERS through the Web Site or
otherwise.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL CONTENT
CONTAINED ON IT ARE DISTRIBUTED "AS IS," "AS AVAILABLE," "WITH
ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION.
LIFECHANGERS and the Affiliates make no representation or
warranty whatsoever regarding the completeness, accuracy,
timeliness, availability, or adequacy of any information, facts,
views, opinions, statements or recommendations contained on the
Web Site or in the Content. This Web Site may be unavailable due
to maintenance or malfunction of equipment.
YOU UNDERSTAND AND AGREE THAT LIFECHANGERS LIMITS ITS
LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET
FORTH BELOW:
NEITHER LIFECHANGERS NOR THE AFFILIATES ARE RESPONSIBLE FOR
ANY DAMAGE TO ANY USER'S COMPUTER, INCLUDING, WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS,
BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK
FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT LIFECHANGERS AND
THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY
LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL,
ECONOMIC OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB
SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM
OR IN CONNECTION WITH: (1) THIS WEB SITE AND ITS CONTENT; (2)
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY
LIFECHANGERS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR
USE OF THE WEB SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB
SITE'S TECHNICAL OPERATION, EVEN IF LIFECHANGERS OR THE
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE
DAMAGES. IN NO EVENT WILL LIFECHANGERS OR THE AFFILIATES BE
LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING,
WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING
ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL
LIFECHANGERS OR THE AFFILIATES BE LIABLE TO YOU FOR ANY
REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT
GREATER THAN FIFTY DOLLARS ($50).
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING
RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE
THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND
ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS
FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
NO PERSONAL ADVICE
This Web Site and its Content is for informational and
entertainment purposes only and is not intended to replace or
substitute for any professional financial, medical, legal, or
other advice. In addition to the "Disclaimer/Limitation on
Liability" paragraph above, LIFECHANGERS and the Affiliates
make no representations or warranties and expressly disclaim any
and all liability concerning any treatment or action by any
person following the information offered or provided within or
through the Web Site. If you have specific concerns or a
situation in which you require professional or medical advice,
you should consult with an appropriately trained and qualified
specialist.
INDEMNIFICATION
By using this Web Site, you agree to indemnify, defend and hold
harmless LIFECHANGERS and the Affiliates from and against
any actual or alleged claims, demands, causes of action,
judgments, damages, losses, liabilities, and all costs and
expenses of defense (including, without limitation, reasonable
attorneys' and other legal fees and costs) arising out of or
relating to: (1) your violation of these Terms or any law, rule
or regulation; (2) a claim that is based on your use of the
Content; or (3) any content uploaded by you or through your
computer to the Web Site or otherwise sent by you to
LIFECHANGERS. You will cooperate as fully and reasonably as required
by LIFECHANGERS or the Affiliates in the defense of any
claim. LIFECHANGERS reserves the right to assume the
exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any
claim without the prior written consent of LIFECHANGERS.
THIRD PARTIES/NO
ENDORSEMENT
This Web Site may provide links to third-party web sites, and
certain areas of the Web Site may allow you to conduct
transactions or purchase goods or services from or through a
third-party. Third-parties and third-party web sites may have
different privacy policies, terms and conditions and business
practices than we do. Your dealings or communications through
the Web Site with any party other than LIFECHANGERS are
solely between you and that third party. We do not endorse,
verify, make any representations, or take responsibility for the
content, truthfulness, accuracy, quality or completeness of the
content or activities conducted on any third party web sites.
Any complaints, concerns or questions you may have relating to
materials provided by third parties should be forwarded directly
to the third party. YOU AGREE THAT LIFECHANGERS AND THE
AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR
LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES,
RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS
OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY
DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN
CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT,
ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference
on the Web Site to any product, process, publication or service
of any third party by trade name, domain name, trademark, trade
identity, service mark, trade identity, logo, manufacturer or
otherwise does not constitute or imply its endorsement or
recommendation by LIFECHANGERS or the Affiliates. Users are
requested to inform LIFECHANGERS of any errors or
inappropriate material found on web sites to which this Web Site
is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page,
and the link must be in plain text, unless otherwise
pre-approved in writing by LIFECHANGERS. The link to this
Web Site must not damage, dilute or tarnish the goodwill
associated with any LIFECHANGERS names or any other LIFECHANGERS intellectual property, nor may the link create
the false appearance that your web site or organization is
sponsored, endorsed by, affiliated or associated with
LIFECHANGERS. You may not "frame" this Web Site or alter its
intellectual property or Content in any way. You may not link to
the Web Site from a site that is unlawful, abusive, indecent or
obscene, that promotes violence or illegal acts, that contains
expressions of racism, that is libelous, defamatory, scandalous,
or inflammatory or is other inappropriate (in LIFECHANGERS's sole discretion).
LIFECHANGERS reserves the
right, in its sole discretion, to terminate a link with any web
site that it deems inappropriate or inconsistent with this Web
Site or these Terms.
LOCATION
LIFECHANGERS operates this Web Site in the United States.
Information contained on this Web Site may not be appropriate or
available for use in other locations, and access to this Web
Site where the content of the Web Site may be illegal is
prohibited. If you access this Web Site from other locations,
you do so on your own initiative and you are solely responsible
for compliance with applicable laws. These Terms will be
construed and enforced in accordance with the laws of the State
of Ohio, without regard to its conflicts of law principles, and
specifically will not be governed by the United Nations
Conventions on Contracts for the International Sale of Goods, if
otherwise applicable. Any cause of action filed by you with
respect to the Terms or your use of this Web Site must be filed
in the County of Medina, City of Medina, State of Ohio within
ninety (90) days after the occurrence of the facts giving rise
to the cause of action, otherwise the cause will be forever
barred. You hereby consent and submit to the exclusive
jurisdiction and venue of the courts located in the County of
Medina, City of Medina, State of Ohio for any cause of
action arising under these Terms or related to the Web Site.
TERMINATION
You understand and agree that LIFECHANGERS will determine
your compliance with these Terms in its sole discretion.
LIFECHANGERS reserves the right to deny access to all or
part of the Web Site to any person in its sole discretion. Any
violation of these Terms may be referred to law enforcement
authorities. Upon termination of your user account or access to
the Web Site, or upon demand by LIFECHANGERS, you must
destroy all materials obtained from this Web Site and all
related documentation.
ADDITIONAL TERMS
If any provision of these Terms is found to be invalid by any
court having competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining
provisions of these Terms, which will remain in full force and
effect. No waiver of any of these Terms will be of any force or
effect unless made in writing and signed by a duly authorized
officer of LIFECHANGERS. The section titles in these Terms
are for your convenience only and do not have any legal or
contractual effect.
CONTACT US
If you have any questions, comments or concerns about our Web
Site or these Terms of Use, you may contact our
Webmaster
EFFECTIVE DATE
The EFFECTIVE DATE of these Terms is August 7, 2005..