Welcome to our site.
1. Acceptance of Agreement.
2. Intellectual Property.
The content, organization, graphics, design, logos, compilation, magnetic translation, digital conversion and other matters related to the Program and the Site (the "Information") are protected under copyright, and trademark law or otherwise constitute confidential and proprietary information of the Owner. You acknowledge that you have no right to use or duplicate any of the content of this Site, including trademarks, or service marks used in this Site and in the Program (all of which are reserved for the exclusive you of Owner). Your use of the Program and Site will confirm your acknowledgment that the Information is confidential and you agree not to disclose any Information to any other individual or entity, whether directly or indirectly. The copying, redistribution, use, or publication by you of any Information or any part of the Site, except as allowed by Section 3 below, is strictly prohibited. You agree not to mirror any of the Information on another Web site or in any other media. You do not acquire ownership rights to any content, document, materials or other Information viewed through the Site. The posting of Information on the Site does not constitute a waiver of any of Owner's rights in the Information.
3. Limited Right to Use.
(a) The viewing, printing, copying, and downloading of any content, graphic, form, document, or any other Information from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use and not for resale or redistribution. No linking permitted without the prior written permission of Owner.
(b) You agree that you will not:
(i) use the Site or the Program in any manner that is not expressly authorized herein;
(ii) permit any other person to use your password or to otherwise use your rights with respect to the Site and the Program in any way that would constitute a breach of this Agreement;
(iii) transmit or post onto the Site or in the Program any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, or invasive of another's privacy;
(c) Your right to use the Site and the Program will terminate immediately, without prior notice, if you fail to comply with any provision of this Agreement. The limitations of liability, warranty, and remedies set out in this Agreement shall continue in force even after any termination of this Agreement.
4. Editing, Deleting and Modification.
Owner reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site at any time.
You agree to indemnify, defend, and hold Owner, the investors in Owner, their respective affiliates, and the partners, directors, officers, employees, agents, and other authorized representatives of any of the foregoing (collectively, "Indemnified Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OWNER, THE INVESTORS IN OWNER, THEIR RESPECTIVE AFFILIATES, AND THE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OTHER AUTHORIZED REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, "INDEMNIFIED PARTIES") HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO YOUR OR YOUR MINOR CHILD’S USE OF THE SITE OR PROGRAM, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO ALLEGED BREACH OF CONTRACT, TORT, OR NEGLIGENCE OF THE INDEMNIFIED PARTIES
6. Costs Associated with Use of Site.
We do not guaranty that you will be able to access this site by dial-up modem or other method without incurring long distance telephone charges, telecommunications equipment costs, or other expenses. You shall be solely responsible for all such charges.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and you are prohibited from giving your password to any other potential user.
8. Disclaimer and Limits.
(a) NO GUARANTEED RESULTS
THE SITE IS AN INTERACTIVE SELF-HELP PROGRAM DESIGNED TO ASSIST PEOPLE TO MODIFY THEIR OWN BEHAVIOR. THE PROGRAM IS NOT THERAPY OR TREATMENT RENDERED BY A HEALTH CARE PROFESSIONAL AND IS NOT INTENDED TO REPLACE ANY SUCH THERAPY OR TREATMENT. OWNER DOES NOT GUARANTY THAT YOU OR ANYONE ELSE WILL REDUCE TICS AS A RESULT OF YOUR USE OF THE PROGRAM -- RESULTS WILL BE DIFFERENT FOR EVERY PERSON. YOU USE THE PROGRAM AT YOUR OWN RISK. IF YOU HAVE ANY QUESTIONS ABOUT THE PROGRAM, YOU SHOULD CONSULT WITH A MEDICAL PROFESSIONAL.
(b) THE PROGRAM IS NOT ERROR-FREE
THE INFORMATION AND INSTRUCTIONS PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". OWNER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE. OWNER HEREBY NOTIFIES YOU THAT THE PROGRAM IS NOT GUARANTEED TO BE FLAWLESS OR ERROR-FREE AND THAT IT CONTAINS ERRORS, PROBLEMS, OR OTHER LIMITATIONS. ALTHOUGH OWNER MAY FROM TIME TO TIME, IN ITS SOLE DISCRETION UNDERTAKE TO CONTINUALLY IMPROVE THE SITE AND THE PROGRAM, NEITHER OWNER NOR ANY OTHER INDEMNIFIED PARTY ASSUMES ANY LIABILITY WHATSOEVER TO YOU WITH RESPECT TO YOUR USE OF THE SITE, THE PROGRAM, AND ANY OF THE INFORMATION CONTAINED THEREIN, NOR DOES OWNER ASSUME ANY RESPONSIBILITY (AND EXPRESSLY DISCLAIMS RESPONSIBILITY) FOR UPDATING THE SITE, THE PROGRAM, OR ANY INFORMATION CONTAINED THEREIN. OWNER PROVIDES NO ASSURANCES THAT ANY REPORTED PROBLEMS WILL BE RESOLVED BY OWNER EVEN IF OWNER ELECTS TO ATTEMPT TO RESOLVE SUCH PROBLEMS.
(c) LIMITATIONS ON OWNER'S LIABILITY AND YOUR REMEDIES
(i) IN PARTICULAR, BUT NOT AS A LIMITATION ON ANY OF THE FOREGOING, NEITHER OWNER NOR ANY OTHER INDEMNIFIED PARTY SHALL BE LIABLE TO YOUR OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS), NOR SHALL OWNER OR ANY OTHER INDEMNIFIED PARTY BE LIABLE TO YOU FOR ANY CLAIMS OF ANY TYPE WHATSOEVER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
(ii) THE FOREGOING INDEMNIFICATION OBLIGATIONS, DISCLAIMERS, AND LIMITATIONS ON LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND YOU, INCLUDING THE PRICING ASSOCIATED WITH YOUR USE OF THE PROGRAM AND THE SITE. THE SITE AND THE PROGRAM WOULD NOT BE MADE AVAILABLE TO YOU WITHOUT YOUR AGREEMENT TO THE FOREGOING. NO ADVICE OR INFORMATION PROVIDED BY OWNER TO YOU SHALL IN ANY FASHION CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING THE SITE, THE PROGRAM, THE LIKELIHOOD OF YOUR SUCCESS IN YOUR STOPING TICS, OR OTHERWISE.
(iii) OWNER DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES SUFFERED BY YOU WHICH MAY BE CAUSED BY ANY VIRUSES, TROJAN HORSES, OR OTHER SIMILAR UNDESIRABLE AND UNINTENDED CONSEQUENCES OF YOUR USE OF THE SITE AND THE PROGRAM.
(iv) NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF OWNER OR ANY OTHER INDEMNIFIED PARTY TO YOU EXCEED THE PRICE YOU HAVE PAID FOR ACCESS TO THE SITE AND THE USE OF THE PROGRAM. YOUR REMEDIES UNDER THIS AGREEMENT SHALL BE LIMITED SOLELY TO CLAIMS FOR DAMAGES SUBJECT TO THE LIMITATIONS IMPOSED UNDER THE PREVIOUS SENTENCE.
(v) ANY CAUSE OF ACTION BY YOU WITH RESPECT TO OR RELATED TO THIS AGREEMENT, THE SITE, THE PROGRAM, AND ANY INFORMATION, PRODUCTS OR SERVICES RELATED THERETO MUST BE INSTITUTED BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED.
9. Use of Information.
You represent and warrant that if you subscribe to the Program, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
12. Links to Other Web Sites.
The Site contains links to other Web sites. Neither Owner nor any other Indemnified Party is responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Owner. Inclusion of any linked Web site on the Site does not imply approval or endorsement of the linked Web site by Owner or any other Indemnified Party. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
13. Links to the Site.
Links to our Site are not permitted without the prior written permission of Owner.
14. Cancellation Policy.
If the Program proves to be defective or not to your reasonable satisfaction, you may cancel your subscription at any time by choosing the "Cancel" option under your Account page. Owner does not issue refunds. This Section 14 sets forth your sole and exclusive right with respect to cancellation and no future liability for future payments for use of the Program.
15. Use of Program by Minors.
(a) All persons under the age of 18 years wishing to subscribe to the Program must obtain parental consent for use of a credit card.
(b) Due to the U.S. Children's Online Privacy Protection Act (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least 13 years of age to use the Site or this Program. You acknowledge that in order to increase the possibility that you may benefit from the use of the Program, Owner may request information from you which may not be provided with respect to children under the U.S. Children's Online Privacy Protection Act.
16. Governing Law and Language.
(a) THIS AGREEMENT SHALL BE TREATED AS THOUGH IT WERE EXECUTED AND PERFORMED IN HOUSTON, TEXAS, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
17. Venue for Dispute Resolution.
All legal proceedings arising out of or in connection with or related to this Agreement may be brought only in a court located in Harris County, Texas. You expressly submit to the exclusive jurisdiction of said courts with respect to matters arising under or related to this Agreement and consent to extraterritorial service of process.
18. Severability and Survival
All actions shall be subject to the limitations on liability set forth in this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
18. Use Outside of the United States of America.
(a) Due to the international nature of the Internet, this Site and the Program can be accessed from countries around the world. This does not mean that Owner intends to offer its services outside of the United States of America. Owner makes no representation that the Site or the Program are appropriate for use at locations outside the United States. Access to the Site and the Program from countries where the Site or the Program are illegal is prohibited. If you access the Site and use the Program from a location outside of the United States, you are responsible for compliance with all local laws.
(b) If you use this Site, you shall be deemed to acknowledge that you are not a citizen of Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods, and that you are not a person who is prohibited by law from engaging in business in the United States.
If you have any questions concerning this Agreement, or if you desire to contact Owner for any reason, you may contact us through firstname.lastname@example.org. Alternatively, you may telephone us at 713-527-7484 during normal business hours (Central U.S. Time).
ONLY IF YOU AGREE WITH ALL OF THE FOREGOING:
BY CLICKING THE SUBMIT (OR "I AGREE") BUTTON OR USING THE LICENSED PRODUCTS YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE EXIT AND DO NOT USE THE PROGRAM.