Effective Date: December 26, 2010
Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not access or use the Site. Conscious Choosing reserves the right to change these Terms at any time in accordance with Section 16.
1. Additional Terms. Additional terms may be presented to you on the Site. You agree to comply with any additional terms, which are incorporated in these Terms by reference.
2. Passwords; Attribution of Electronic Acts to You. Some activities on this Site require you to register with a user name and password (such as to join any membership level or to post entries to the community support section of this Site). If you register, you must provide Conscious Choosing with current, complete and accurate information. You are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used on the Site, Conscious Choosing may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify Conscious Choosing immediately of any unauthorized use of your account or any other breach of security. Conscious Choosing may change your user name and password at any time.
3. Site Use. You may use the Site when it is available. The Site may not always be available. Conscious Choosing reserves the right to change or remove, and restrict or block access to, all or any part of the Site at any time without notice. Conscious Choosing and its suppliers own all information, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of the materials provided through this Site (“Content”). You may view, copy, print and use pages and information from this Site solely for personal and noncommercial purposes. You may not alter any information or pages in any way, including removing copyright, trademarks or other proprietary rights notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this Site without Conscious Choosing’s prior written (non-electronic) consent. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. All rights not expressly granted to you in these Terms are reserved.
4. Your Conduct. The Site may contain communication features (such as blogs, support forums, etc.) designed to enable you to communicate with Conscious Choosing and the public at large. You agree to use the Site only to post, send and receive messages and material that are appropriate and related to the purpose of the Site. You agree that when using the Site, you will not engage or attempt to engage in any improper uses or otherwise violate the Code of Conduct that also governs your use of such features of the Site. Improper uses include:
(a) violating any applicable law or regulation;
(b) posting or transmitting content you do not have the right to post or transmit;
(c) posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, contract right or other right;
(d) posting or transmitting content that is unlawful, fraudulent, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined by Conscious Choosing;
(e) causing damage to Conscious Choosing’s business, reputation, employees, facilities, global community, or to any person;
(f) attempting to intercept, collect or store data about third parties without their knowledge or consent;
(g) deleting, tampering with or revising any material posted by any other person or entity;
(h) accessing, tampering with or using non-public areas of the Site, Conscious Choosing’s computer systems or any other Conscious Choosing website;
(i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(j) attempting to access, search, or extract data from the Site or any Conscious Choosing website with any engine, software, tool, agent, robot, spider, scraper, device or mechanism other than the software or search agents provided by Conscious Choosing or other generally available third party web browsers;
(k) sending or attempting to send unsolicited messages, including promotions or advertisements for products or services, “spam,” “chain mail” or “junk mail”;
(l) using or attempting to use the Site or any other Conscious Choosing website to send altered, deceptive or false source-identifying information;
(m) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or any Conscious Choosing website, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
(n) interfering or attempting to interfere with the access of any user, host or network, including sending any harmful, illegal, deceptive or disruptive code to the Site, or any Conscious Choosing website, such as a “virus,” “spyware” “adware” or other code that could adversely impact the Site or any recipient, or overloading, “flooding,” “spamming,” “crashing” or “mail bombing” the Site or any other Conscious Choosing website;
(o) impersonating or misrepresenting your affiliation with any person or entity;
(p) using the Site for any unlawful, unintended (by Conscious Choosing), or harmful purpose, such as to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” unregistered sales of securities and securities fraud;
(q) taking any action which could impose a significant burden (as determined by Conscious Choosing) on the Site infrastructure, such as excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server, or any other server, and non-traditional end user activities; or
(r) “framing” the Site or otherwise making it look as if you have a relationship with Conscious Choosing or that Conscious Choosing has endorsed you for any purpose.
If Conscious Choosing suspects violations of any of the above, Conscious Choosing may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with Conscious Choosing in investigating suspected violations.
Conscious Choosing reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that Conscious Choosing considers to be illegal or violations of these Terms. Conscious Choosing may, without notice, remove, block, filter or restrict any materials or information (including emails) that Conscious Choosing considers to be actual or potential violations of these Terms.
5. Submissions; No Unsolicited Feedback. Conscious Choosing may provide, directly or through a third party, an opportunity for you to tell Conscious Choosing and other visitors to the Site what you think about products and services. You agree that if you post, upload or submit in any way to Conscious Choosing any information, including without limitation product reviews or other materials, through the Site, a third party or otherwise (collectively “Submissions”), you make the Submissions voluntarily. Your Submissions will not be considered confidential or proprietary. If you share Submissions on the Site, you understand and agree that others with whom you have shared your Submissions may use them.
Conscious Choosing does not claim ownership of any Submissions and will not pay you for Submissions. However, by providing any Submission you grant Conscious Choosing and its customers, suppliers, strategic partners and sublicensees a royalty-free, worldwide right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and sublicense your Submission and to publish your name in connection with your Submission in connection with the operation of the Site and the businesses of Conscious Choosing and its customers, suppliers, strategic partners and sublicensees. You also waive any moral rights you may have in your Submissions. Conscious Choosing is not obligated to post or use any Submission you may provide. Conscious Choosing may remove or edit any Submission at any time. Conscious Choosing will not have any liability in connection with the receipt, examination or use of any Submissions provided by you.
If you provide Submissions, you agree to state your opinions lawfully and in good faith and to reveal to others any conflict of interest or relationship that influences your views (such as if someone is paying you or giving you something to encourage you to comment). You understand that sharing content that violates others’ copyrights and other intellectual property rights violates these Terms. You warrant and represent that you own or otherwise control all of the rights to your Submission, have the necessary consents from any individuals whose personally identifiable information is contained in your Submissions, and that the use and publication of your Submissions does not violate any law. All Submissions are the opinion of the person commenting and do not necessarily reflect Conscious Choosing’s views. Conscious Choosing does not control or endorse any Submissions.
Conscious Choosing welcomes your suggestions for improving Conscious Choosing products and services (“Feedback”). Please submit unsolicited Feedback through an email to email@example.com. If you do submit or provide Feedback to Conscious Choosing, you irrevocably assign to Conscious Choosing all right, title and interest throughout the world in such Feedback without the right to any compensation or royalties from Conscious Choosing and waive any moral rights you may have in such Feedback. Further, you irrevocably waive and agree never to assert any claims against Conscious Choosing or any of Conscious Choosing’s successors in interest with respect to Feedback you submit or provide to Conscious Choosing.
6. Caution about Accuracy of Information. This Site represents current Conscious Choosing services and products, and is subject to change without notice. There may be information on this Site that is outdated, contains typographical errors, inaccuracies or omissions. The colors you see (for example, site design colors or product colors) on the Site may depend on the specifications and settings of your computer and may not accurately depict the actual colors. You agree not to rely on any information provided on this Site.
7. Third Party Website Links. The Site may contain links to third party web sites (“Linked Sites”). The Linked Sites are not under Conscious Choosing’s control and Conscious Choosing is not responsible for any Linked Site. Conscious Choosing provides these links as a convenience and the inclusion of any link does not imply endorsement by Conscious Choosing or an association with its operators. When you access a Linked Site, you do so at your own risk.
8. Third Party Materials. If you obtain anything from a third party over the Internet, directly or indirectly through the Site, including but not limited to content, music, applications, stock quotes, newscasts, weather reports, other member information, or other materials and information for use on or with your Conscious Choosing services (“Third Party Materials”), you understand that you receive such Third Party Materials from the third party supplier and not from Conscious Choosing. Your relationship with respect to Third Party Materials is with the supplier, and not with Conscious Choosing. Any claims you might have with respect to Third Party Materials are against the supplier and not against Conscious Choosing.
9. No Warranties. The Site, Member Sites, Linked Sites, Content, Third Party Materials, and Services, including without limitation, plugins, themes, updates and upgrades that you download to your Conscious Choosing Space, Member Site, or personal device(s) via the Site , are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. Conscious Choosing and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.
10. Disclaimer of Certain Damages. In no event will Conscious Choosing or any supplier be liable for any consequential, special, incidental, indirect or punitive damages, including damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, Member Sites, Linked Sites, the Content, Third Party Materials or Services, even if Conscious Choosing or any supplier has been advised of the possibility of such damages.
11. Limitation of Liability and Exclusive Remedy. Conscious Choosing’s and its suppliers’ maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, Content, Third Party Materials, Services or your use of the Site will be to recover the actual damages you incur based upon reasonable reliance on the Site up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Site, Member Sites, Linked Sites, Content, Third Party Materials or Service will not enlarge or extend the limitation of money damages. These actual money damages will be your sole remedy.
The damage exclusions and limitations of liability in Sections 10 and 11 of these Terms will apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you.
12. Independent Remedies. The exclusion of damages under Section 10 is independent of your exclusive remedy in Section 11 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 10 and 11 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
13. Privacy. To operate and provide the Site, Conscious Choosing may collect certain information about you. We use and protect that information as described on the Site and in the Privacy Statement. Personal information collected through the Site may be stored and processed in the United States. By using the Site, you consent to the transfer of information outside of the country where you reside.
14. Copyright Notice and Takedown Procedures. You agree to respect the intellectual property rights of Conscious Choosing and third parties. If you believe that material available through the Site infringes the copyright of any third party, please notify Conscious Choosing’s copyright agent by using the notice procedure described at Notice and Procedure for Making Claims of Copyright Infringement. After receiving notice, Conscious Choosing may remove or disable access to any infringing material. Conscious Choosing has the right to terminate any account or right of access to the Site for infringement of Conscious Choosing’s or others’ rights.
15. Applicable Law and Forum. If you live in the United States or Canada, the laws of Texas state in the United States govern the interpretation of these Terms and apply to claims for breach of it regardless of conflict of laws principles. Any other claims, including claims regarding consumer protection laws and in tort, will be subject to the laws of your state of residence in the United States, or if you live in Canada, then to the laws of your province of residence in Canada. If you live in the United States or Canada, you agree to submit to the exclusive jurisdiction and venue in the state and federal courts in Travis County, Texas for any and all disputes, claims and actions arising from or in connection with the Site and these Terms.
16. Changes to these Terms. Conscious Choosing reserves the right to change these Terms at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms. Your continued use of the Site after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Site.
17. Termination. Conscious Choosing reserves the right to terminate these Terms and your access to the Site or any portion thereof at any time, without notice. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19 and 21 will survive termination.
18. Notices. Conscious Choosing may give you all notices (including legal process) that Conscious Choosing is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to Conscious Choosing. You agree to keep your email and mailing addresses current and to check for notices posted on the Site. You agree to send Conscious Choosing notice by mailing it to Conscious Choosing’s “Address for Legal Notices” which is:
Conscious Choosing, LLC
10702 Walebridge Ct
Austin, TX 78739-1564
Attn: Legal Department
19. General. If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. Conscious Choosing may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. Conscious Choosing’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement and any other incorporated terms) constitute the entire agreement between you and Conscious Choosing with respect to the Site. These Terms supersede all prior or contemporaneous communications of any kind between you and Conscious Choosing with respect to the Site.
20. Support. Conscious Choosing does not offer customer support for the Site or any feature or service available through the Site, unless Conscious Choosing has posted information on the Site that we offer customer support for a particular section of the Site.
21. Copyright and Trademark Notices. Except for Submissions, all contents of the Site are © 2010 Conscious Choosing, LLC and/or its suppliers, 10702 Walebridge Ct, Austin, TX 78739-1564. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Site. Conscious Choosing and/or its suppliers own the title, copyright and other intellectual property rights in the Site, Member Spaces, Member Sites, Linked Sites, the Content, Third Party Materials, Services, Feedback and any software updates and upgrades that you download for your Conscious Choosing Member Space or Member Site via the Site services. The Conscious Choosing logo and/or other Conscious Choosing product names and services referenced on the Site are the trademarks of Conscious Choosing, LLC. All other company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owners.
© 2010 Conscious Choosing, LLC