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The TransformationClub.org website (“Website”) is operated by Open Lotus Productions (“Company”). All content provided on or through the Website may be used only under the Terms of Use (“TOU”) stated below. Use of this Website as a visitor or Transformation Club member (“You” or “Member”) constitutes your agreement to the TOU established by Company.
1. SERVICES PROVIDED
The Website provides information of importance to visitors and Members. Company may, as a service to its visitors and Members, allow third parties to promote their services and/or products through the Website. The provision of such products and services is governed by the terms of use established by such third parties, and Company assumes no responsibility either directly or indirectly for the provision of products or services by such third parties.
2. PROPERTY RIGHTS ON THE WEBSITE AND IN USER-SUBMITTED DATA
2.1 Property Rights on the Website
(a) Subject to these TOU, Company hereby grants to you, the right to access and use the Website for your own internal use. In your use of the Website you agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not use, copy, reproduce, transmit, translate, offer for sale, sell, display, perform, distribute, publish, broadcast, circulate, modify, create derivative works of, disseminate, or commercially exploit the Website without the written consent of Company. You also agree not to use the Website for any unlawful purpose.
(b) The Website is the property of Company and is protected by applicable copyright, patent, trademark or other intellectual property law. Company retains its title, ownership rights, and intellectual property rights in and to the Website. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through the Website.
(c) In the event you use the Website or the links included on the Website to gain access to a World Wide Web or Internet location or source of information, services, software, or goods of any company, organization, or person other than Company Website or to any other Internet location, you acknowledge that such other Websites or locations are not under the control of Company and agree that Company shall not be responsible for any of the information, services, software, or goods or other links found at any such World Wide Web or Internet location or source of information, services, software, or goods, or for your use of such information, services, software, or goods.
(d) COMPANY MAKES NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH WEBSITE, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEBSITE NOT UNDER COMPANY’S CONTROL (INCLUDING, WITHOUT LIMITATION, WEBSITES LINKED TO THE WEBSITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.
(e) Transmission or use of any material in violation of these TOU – or any applicable law, rule or regulation (whether of the United States or other countries) – or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
2.2 Property Rights in User Submitted Data
Data, information or other content uploaded directly to, or provided to Company to place on, the Website by you (“User Submitted Data”) shall be and remain your property (as between you and Company). All other information gathered or provided by Company (including, without limitation usage information and analysis based on User Submitted Data) shall be and remain the property of Company (“Website Use Data”). Company will retain possession of, and make use of, copies of the User Submitted Data and Website Use Data for the purpose of performing the Services and otherwise meeting Company’s obligations and responsibilities under the Agreement. Subject to the confidentiality restrictions set forth in Paragraph 5 below, Company’s use of the User Submitted Data and Website Use Data may include the display, parsing, modification, reproduction, copying, transmission, translation, performance, publication, broadcast, preparation of derivative works or dissemination thereof, internally by Company, and to third parties with whom Company does business for advertisement, market research and other commercial purposes. You grant to Company all necessary rights and releases required for Company to perform the services and the activities described on the Website.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
3.1 THE WEBSITE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE WEBSITE WILL BE UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND COMPLETENESS AND COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
3.2 YOU UNDERSTAND THAT COMPANY DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE WEBSITE AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. COMPANY MAY DISCONTINUE PROVIDING THE WEBSITE TO YOU AT ANY TIME. YOU AGREE NOT TO HOLD COMPANY LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE WEBSITE.
3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE TOU (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION, TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
4. YOUR INFORMATION
4.1 You hereby represent and warrant that you are at least eighteen (18) years of age; that any information you have provided to gain access to the Website is true and accurate to the best of your knowledge; and that you have read and agree to the terms of our Privacy Policy.
4.2 You shall not upload to the Website any User Submitted Data which:
(i) violates or infringes the rights of any persons, including without limitation rights in copyrights, patents, trademarks or other intellectual property rights;
(ii) is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law; or
(iii) contains viruses, “worms”, “trojan horses” or any other harmful properties, or use the Services for, or to further, any illegal purposes. Company reserves the right, in its sole discretion, to edit or delete any User Submitted Data uploaded to the Website in violation of the foregoing.
5. CONFIDENTIALITY
Company agrees to protect and maintain the confidentiality of User Submitted Data in accordance with the policies, methods, and procedures set forth in the privacy statements and security policies on the Website.
6. DATA STORAGE
When you visit our Website, we may collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your Internet Protocol (IP) address, browser version, pages of the Website you visit, the time and date of your visit, the time spent on those pages, and other statistics.
7. LINKS TO OTHER SITES
This Website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by Company. Therefore, you are strongly advised to review the Privacy Policy of these websites. Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.
8. TERMINATION
If we believe you have violated these TOU, we may terminate your access to the Website.
9. INDEMNIFICATION
You agree to indemnify and hold harmless Company (and its directors, officers, employees, control persons, suppliers, licensors and agents) from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or related to: (a) your breach of your agreements, representations and warranties contained in these TOU; (b) your use of the Website (i) in violation of these TOU, (ii) in violation of any rights of Company or any third-party information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation; or (iv) information or materials you upload or post to the Website.
10. COMPLIANCE WITH LAWS
You will comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our Website, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our Website.
NOTICE OF COPYRIGHT INFRINGEMENT.
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Website in a manner that constitutes copyright infringement, please contact us by emailing info@transformationclub.org.
Include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Website;
(3) your contact information, including your address, telephone number, and, if available, email address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
11. GENERAL
11.1 Notices given by Company to you will be given by e-mail, or by a general posting on TransformationClub.org. In any matter requiring Company’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Company. Notices given by you to Company may be sent to info@transformationclub.org.
11.2 Except as herein provided, no waiver, modification or amendment of any provision of these TOU shall be effective against Company unless the same is in writing and signed by an authorized official of Company. Company may modify these TOU at any time upon written notice or posting to the Website. You agree that if you access and or use the Website after notification of changes in these TOU, you will be bound by all such changes.
11.3 Company’s failure to insist at any time upon strict compliance with any term of these TOU, or any delay by Company in enforcing these TOU, or a continued course of such conduct on Company’s part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. If any provision of these TOU is declared invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired, and the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that reflects the original intentions of the parties as nearly as possible in accordance with applicable law. These TOU will be governed by and construed and enforced in accordance with the substantive law of the State of New Jersey.
BY CONTINUING TO USE TRANSFORMATIONCLUB.ORG YOU AGREE TO ABIDE BY THESE TOU.
***View the Transformation Club Membership Terms & Conditions.
