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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.
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that is untrue, inaccurate, outdated or incomplete, or CONSCIOUS ONE has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outdated or incomplete, CONSCIOUS ONE has the right to suspend or terminate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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The section titles in the Terms are for convenience only and have no legal
or contractual effect.
CONSCIOUS ONE, Inc. is a California corporation. CONSCIOUS ONE's address
is 980A Airport Road Destin, Florida 32541
. 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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