1. ACCEPTANCE OF TERMS
Welcome to Inner Bonding (IB). IB provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to
you. In addition, when using particular IB services, you and IB shall
be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS. If you are a
facilitator on IB, please note that IB provides a different Terms of
Service for you. IB also may offer other services from time to time,
such as IB Public Store and SelfQuest that are governed by different
Terms of Services. These TOS do not apply to facilitators, IB Public
Store or SelfQuest or such other services.
2. DESCRIPTION OF SERVICE
IB
currently provides users with access to a rich collection of resources,
including, various communications tools, forums, shopping services,
personalized content and branded programming through its network of
properties (the "Service"). You also understand and agree that the
service may include certain communications from IB, such as service
announcements, administrative messages and the Inner Bonding Journal,
and that these communications are considered part of IB membership.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new IB
properties, shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that IB assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You
are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees. In addition, you must
provide and are responsible for all equipment necessary to access the
Service.
3. YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or IB has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, IB has
the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). IB is
concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13 who
wish to allow their children access to the Service must create a IB
Account for their child. When you create a IB Account for your child,
you certify that you are at least 18 years old and that you are the
legal guardian of the child listed on the IB Account. By giving a child
an IB Account, you also give your child permission to access all of the
Services including, email, message boards, personals, instant messages
and chat (among others). Please remember that the Service is designed
to appeal to a broad audience. Accordingly, as the legal guardian, it
is your responsibility to determine whether any of the Services and/or
Content (as defined in Section 6 below) are appropriate for your child.
4. IB PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing the
Service's registration process. 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 IB 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. IB cannot and will
not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not IB, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via
the Service. IB 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 IB be liable in any way for any Content,
including, but not limited to, for 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. You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c.
impersonate any person or entity, including, but not limited to, a IB
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available 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);
f.
upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as designated chat rooms,
message boards) that are designated for such purpose;
h.
upload, post, email, transmit or otherwise make available 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;
i.
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real
time exchanges;
j.
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
k.
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You
acknowledge that IB does not pre-screen Content, but that IB and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, IB and its designees shall
have the right to remove any Content that violates the TOS or is
otherwise objectionable. 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
IB or submitted to IB, including without limitation information in IB
Message Boards, IB Chat Rooms, and in all other parts of the Service. You
acknowledge and agree that IB 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 TOS;
(c) respond to
claims that any Content violates the rights of third-parties; or
(d)
protect the rights, property, or personal safety of IB, 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.
7. SPECIAL ADMONITIONS FOR 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
IB
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 IB the following world-wide, 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 IB, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and
promoting the specific IB to which such Content was submitted or made
available.
*
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 solely for the purpose
for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or IB
removes such Content from 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 IB network of
properties that are intended by IB to be available to the general
public. By way of example, publicly accessible areas of the Service
would include IB Message Boards and portions of IB Chat Rooms and IB
Free Questions and Answers that are open to both members and visitors.
However, publicly accessible areas of the Service would not include
portions of IB Private Question and Answers and IB Private Chat
Sessions that are limited to members, IB services intended for private
communication such as IB MailCenter or IB Private Chat Room, or areas
off of the IB network of properties such as portions of World Wide Web
sites that are accessible through IB but are not hosted or served by
IB.
9. INDEMNITY
You
agree to indemnify and hold IB, 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
TOS, or your violation of any rights of another. You agree that IB is
not liable for, nor is Inner Bonding Educational Technologies, Inc.,
Dr. Margaret Paul, or Dr. Erka Chopich liable for any alleged damage
resulting from help in the Chat Room or from the Advice - Q&A.
10. NO RESALE OF SERVICE
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.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that IB may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will
be allotted on IB's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that IB 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 that IB reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that IB reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice.
12. MODIFICATIONS TO SERVICE IB
IB
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 IB shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
You
agree that IB, 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 IB believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
IB 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 under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that IB 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. Further, you agree
that IB shall not be liable to you or any third-party for any
termination of your access to the Service.
14. DEALINGS WITH FACILITATORS
Your
correspondence or business dealings with, or participation in
activities of, facilitators 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 facilitator. You agree that
IB 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, including any private
face-to-face or phone work that takes place between members and Inner
Bonding facilitators. The
Inner Bonding processes contained on this Web site are provided for
educational purposes only. The Inner Bonding process is not intended to
substitute for medical, psychological or other professional services.
For medical and psychological diagnosing, prescribing and treatment,
you agree to consult a licensed professional.You agree that IB, the
Inner Bonding authors and facilitators, and Inner Bonding Educational
Technologies, Inc. shall have neither liability nor responsibility to
any person or entity with respect to any alleged loss or damage alleged
to be caused directly or indirectly by the Inner Bonding information or
processes contained within.
15. LINKS
The
Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because IB has no control over such sites
and resources, you acknowledge and agree that IB is not 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. You further acknowledge and agree that IB 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.
16. IB'S PROPRIETARY RIGHTS
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 interactions with facilitators or information presented to
you through the Service or facilitators is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by IB or facilitators, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. IB
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 IB for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. IB EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
IB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
IB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY YOU
EXPRESSLY UNDERSTAND AND AGREE THAT IB SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IB HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes. IB and its licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made
based on such information.
21. NOTICE
Notices
to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
IB,
the Inner Bonding logo, SelfQuest, and Inner Bonding Educational
Technologies trademarks and service marks, and other IB logos and
product and service names are trademarks of Inner Bonding Educational
Technologies Inc. (the "Inner Bonding Marks"). Without Inner Bonding's
prior permission, you agree not to display or use in any manner, the
Inner Bonding Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
IB
respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide IB's Copyright
Agent the following information:
1.
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
IB's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Inner Bonding Educational Technologies, Inc.
PMB #42,
2531 Sawtelle Blvd.,
Los Angeles, CA 90064-3124
By phone: (310) 459-1700
By Fax: (310) 459-1727
By email: innerbonding@innerbonding.com
24. GENERAL INFORMATION
The
TOS constitute the entire agreement between you and IB and govern your
use of the Service, superceding any prior agreements between you and
IB. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and IB
shall be governed by the laws of the State of California without regard
to its conflict of law provisions. You and IB agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Los Angeles, California. The failure of IB to exercise or
enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, 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 TOS 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 TOS must be
filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Support group.
26. CANCELLATION OF MEMBERSHIP
You
pay for membership monthly. We can automatically charge you for each
month, if that is what you want. There is no cancellation or refund of
your money for that month. You can choose not to renew, but you cannot
cancel for a refund.
