Renewal Space Terms Of Use
The effective date of these Terms of Service is February, 2010
These terms of use govern operations of the website operated by The Human Fulfillment Institute (collectively, "we", "us", “our Website,” “HFI” or “Renewal Space,”) By using this site, you acknowledge that the materials on this site are the property and creation of the Human Fulfillment Institute, and you agree not to copy, reproduce, reveal, or share in any form the materials on this site with anyone who is not a paid member, or has not paid for the particular course or materials in question. You further acknowledge your understanding that the materials appearing on this site are copyrighted and proprietary in nature, and you agree not to share the paid content of the site without the express written consent of the Institute's Founder and/or Directors. It is our intention to establish a relationship of mutual integrity with all who use this site, in order to be able to sustain our programs and organization, while making positive contributions in the lives of others.
By using this site, you acknowledge your understanding that personal and professional development programs, courses and products may by their very nature bring about significant life changes and associated risks. If you have any psychological or medical problems, we suggest that you consult with your physician and/or mental health professional before making use of the programs, courses or services offered on this site or provided by the Human Fulfillment Institute. By using this site, you agree to hold The Human Fulfillment Institute and all its associates completely harmless in the event of any consequences of any kind related to the use of our products and services. All products, programs and services are used entirely at your own risk, and you accept full responsibility for all acts and events foreseen or unforseen arising from the use of this website. You further agree to hold the Human Fulfillment Institute and all its associates completely harmless in all matters regarding the use of this site, our products or services. It is our sincere hope that you benefit from the materials of this site, and that your use of the site supports you in making positive contributions to others.
The following are detailed legal provisions of the Terms of Use for this site. By using this site, you additionally agree to the following Terms of Use:
1. ACCEPTANCE OF TERMS
Thank you for using Renewal Space, the Interactive Online Practice Center of the Human Fulfillment Institute (“HFI” or “the Institute.”). Programs and services of the Human Fulfillment Institute are made available and updated from time to time through the Renewal Space site, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.renewalspace.net, www.humanfulfillment.org and any other websites that may be launched by the Institute (collectively, these “Terms”).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE HFI/RENEWAL SPACE SITE OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE HFI/RENEWALS SPACE SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time by posting a notice on the Renewal Space Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service or the Renewal Space Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
2. AGREEMENT TO PURCHASE OR SUBSCRIBE
By clicking the “I accept” button, or by using the Renewal Space service this service agreement is valid and in effect. The Human Fulfillment Institute (HFI) you (the “Customer”) fully agree to the following terms and conditions. You represent that you are 18 years of age or older and have the legal power and authority to enter into this agreement. If you are signing up to use HFI’s various products and services on behalf of a company, you represent that you have complete authority to bind the company to the terms governing the use of the HFI services, and the term “Customer” means your company and all of its employees. If you do not agree to the terms of this agreement, or if you do not have the authority, then you must select the “I decline” button and will not be given access to use any HFI service.
Customer and Users
The term “Customer” shall mean the individual or legal entity identified to HFI during registration for any HFI product or service via any HFI web site. The term “User” and “Users” shall mean an individual, and if the Customer is representing a business, the term shall also encompass its employees or agents, who access the Service established by the Customer.
Free Trial
On occasion, the Customer may be given a free trial to use a portion of the Renewal Space program or Service. The Customer acknowledges, and agrees, that following the expiration of free trial, HFI may notify the Customer of the expiration of the free trial period, and the Customer acknowledges, and agrees, that for continued use of the service beyond the free trial program, the Customer must purchase a course and/or membership in order to continue use of the paid portions of the site. This agreement to purchase constitutes acceptance of the obligation for payment of the Service under the terms and conditions of this Agreement. HFI has no obligations to Customer in any way during the trial period.
Billing Period and Payment Method
HFI charges and collects fees in advance for the use of the various HFI Services. Payment shall be by Credit Card or via ACH Debit in U.S. Dollars. The Customer agrees to pay the Total Subscription License Fees for its account in accordance with the license fees and billing terms in effect at the time the fees are due and payable. The Subscription License Fees are nonrefundable whether or not any, or all, of the User Licenses are actively used for the Service during the payment period. The Total Monthly License Fees, or portions thereof, are also non-refundable if the Customer chooses to cancel their account prior to the end of the billing cycle.
Local and State Taxes
Billing amounts are exclusive of all taxes, levies, or duties that may be imposed by taxing authorities having jurisdiction over the Customer’s access location. Due to the mobility of access to the HFI Service, the Customer acknowledges, and agrees, to be responsible for the payment of such taxes, levies, or duties, if any.
Billing Errors
The Customer must contact HFI in writing (including email) within 30 days of receiving an invoice or billing receipt containing the amount in question in order to be eligible to receive a credit or adjustment. The Customer’s continued use of any HFI product or service after any contacting HFI customer service department may invalidate any claim for credit or reimbursement of charges. The maximum credit that a Customer shall be entitled shall be determined by HFI Support Services.
Termination of Service Agreement
The Customer or HFI may terminate this Service Agreement by notifying the other party at any time. After termination, HFI will save and store all data in the Customer account unless the Customer chooses to delete all Customer information. HFI will reactivate the Customer data available to the Customer if the Customer decides to reactivate the Customer account. The Customer acknowledges, and agrees, that HFI is not obligated to retain the Customer data.
3. The Renewal Space Service
Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You may not copy or distribute any portion of the Renewal Space Site and/or any other HFI Site without the express written permission of HFI.. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL HFI BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT. HFI reserves all rights with respect to the
Service and the HFI Site not expressly specified herein.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to purchase courses or register as a member of Renewal Space. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service of Renewal Space or other HFI Sites. Membership in the Service is void where prohibited by applicable law, and the right to access the HFI Site is revoked in such jurisdictions. You must be 13 years of age or older to use the HFI Site, in compliance with the Children’s Online Privacy Protection Act (COPPA). By using the Renewal Space/HFI Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Renewal Space/HFI Site is administered in the US and intended for US users; any use outside of the US is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the HFI Site.
4. REGISTRATION OBLIGATIONS
In consideration of use of the Service and the Renewal Space/HFI Site, 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 HFI has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, HFI 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). You understand and agree that the Service may include certain communications from HFI, such as service announcements, administrative messages, newsletters, etc., and that these communications are considered part of HFI membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
5. HFI PRIVACY POLICY
For information regarding how we treat personal information of our users, please see HFI’s current, full Privacy Ppolicy, which is incorporated by reference in its entirety into these Terms by this reference.
6. USER CONDUCT
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not HFI, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant HFI the license to such Content set forth in Section 7 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. HFI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Service or the Renewal Space/HFI Site, you agree not to:
1. Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
3. Post information that is pornographic or sexually explicit in nature;
4. Post false or intentionally misleading information;
5. Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by HFI;
6. Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
7. Impersonate any person or entity, including, but not limited to, an HFI official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
9. Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit 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);
10. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Renewal Space/HFI Site, the Service, or in any Content;
11. Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
12. Interfere with or disrupt the Service or the Renewal Space/HFI Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the Renewal Space/HFI Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
13. 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;
14. “Stalk” or otherwise harass another user, individual, or merchant;
15. Collect, harvest, or store personal data about users, or members for any reason;
16. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Renewal Space/HFI Site and/or Service;
17. Create or submit unwanted email or messaging (“Spam”) to any other Renewal Space/HFI user or otherwise interfere with the enjoyment of other Members or Users of the HFI Site or the Service;
18. Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Renewal Space/HFI Site and/or the Service;
19. Access, retrieve, or index any portion of the Renewal Space/HFI Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
20. Reformat or frame any portion of the web pages that are part of the Renewal Space/HFI Site and/or Service;
21. Create user accounts by automated means or under false or fraudulent pretenses;
22. Use of the Renewal Space/HFI Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in HFI’s sole discretion, an unreasonable or disproportionately large load on HFI’s IT infrastructure; or
23. Copy or store any Content offered on the Renewal Space/HFI Site for other than your own use.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with HFI’s RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by HFI.
7. THIRD PARTY PROMOTIONAL PRICING
If you as a merchant use the promotional pricing feature to provide consumers with deals through the Renewal Space/HFI Site and platform, you represent and warrant to HFI that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the HFI Site and platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify HFI against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
8. PAYMENTS TRANSACTIONS
Whenever you enter into a payments transaction on the Renewal Space/HFI Site, you agree to provide HFI with accurate, complete, and current credit card information for a credit card that you are authorized to use. You agree that all transactions are non-cancelable and non-refundable as expressly set forth in Section 2.
9. INDEMNITY
You agree to indemnify and hold HFI, 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 (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of these Terms, or (d) your violation of any rights of another.
10. MODIFICATION AND TERMINATION
You agree that HFI may, in its sole discretion and without notice, terminate your password, your use of the Service, the Renewal Space/ HFI Site or use of any other aspect of the Service, and remove and discard any Content within the Service or the Renewal Space/HFI Site, for any reason, including, without limitation, for lack of use or if HFI believes that you have violated or acted inconsistently with the letter or spirit of these Terms. HFI may also, in its sole discretion and at any time, discontinue providing or modify 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 these Terms may be effected without prior notice, and you acknowledge and agree that HFI may immediately deactivate or delete your pages on the Renewal Space/HFI Site and all related information and files in your pages on the HFI Site and/or bar any further access to such files or the Service. Further, you agree that HFI shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
11. COUPONS, DEALS, AND PROMOTIONS
Your correspondence or business dealings with, or participation in promotions of, merchants or 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 merchant or advertiser. YOU AGREE THAT HFI WILL 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.
12. LINKS
The Service and the Renewal Space/HFI Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HFI has no control over such sites and resources, you acknowledge and agree that HFI 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 HFI 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.
13. HFI PROPRIETARY RIGHTS
You agree that all Content and materials delivered via the Service or otherwise made available by HFI are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by HFI in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Reproducing, copying, or distributing any Content, materials, or design elements on the Renewal Space/ HFI Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of HFI. Any rights not expressly granted in these terms are reserved by HFI.
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. HFI 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, however, 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 HFI for use in accessing the Service. HFI hereby reserves all rights not otherwise expressly granted in these Terms of Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HFI 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.
2. HFI MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HFI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
READERS ARE ADVISED THAT HFI DOES NOT WARRANT THE SERVICES PROVIDED BY ANY SERVICE PROVIDER LISTED ON THE RENEWAL SPACE/ HFI SITE. IT IS UP TO THE PARTIES INVOLVED TO CHOOSE THE PROVIDER BEST SUITED FOR EACH CUSTOMER. MINDBLOOM IS NOT INVOLVED IN THE SELECTION PROCESS.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN THE RENEWAL SPACE/ HFI SITE.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL HFI (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF HFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, AND OR EMOTIONAL DISTRESS AND DISCOMFORT. USERS ASSUME ALL RISK OF SUCH DAMAGES, IF ANY, THAT OCCUR AS A RESULT OF SUCH DAMAGES MEETING WITH OTHER MEMBERS OF THE SERVICE OR THE RENEWAL SPACE/ HFI SITE OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE RENEWAL SPACE/ HFI SITE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO WEATHER, CONDITION OF PREMISES, NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF MEMBERS OF THE SERVICE, INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE RENEWAL SPACE/HFI SITE, OR OTHER THIRD PARTIES.
18. 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 15 AND 16 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Renewal Space/ HFI Site.
20. COPYRIGHT DISPUTE POLICY
HFI has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf).
It is HFI's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the Renewal Space/ HFI Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification“):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Mindbloom is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is HFI’s policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. that for repeat offenders, HFI will also terminate such Content provider’s, member’s or user’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which HFI is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal
If a counter-notice is received by the Designated Agent, HFI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at HFI’s discretion.
Designated Agent:
Jeffrey David Ringold
100 Pasture Road
Santa Cruz, CA 95060
21. GENERAL PROVISIONS
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and HFI and govern your use of the Service, superseding any prior agreements between you and HFI (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with HFI’s prior written consent. HFI may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other HFI services, third-party Content or third-party software. These Terms and the relationship between you and HFI shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and HFI agree to submit to the personal and exclusive jurisdiction of the courts located within Seattle, Washington. The failure of HFI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms 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 these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
22. VENUE ONLY
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the HFI Service, such activity is solely between you and the applicable third party. HFI shall have no liability, obligation or responsibility for any such activity. You hereby release HFI from all claims arising from such activity.
23. TRADEMARKS AND COPYRIGHTS
“The Human Fulfillment Institute,” “HFI,” “Renewal Space,” the HFI logo, and “Interactive Awareness” are proprietary service marks of The Human Fulfillment Institute. ©2009-2010 Jeffrey David Ringold, DBA The Human Fulfillment Institute. All rights reserved.
24. MANDATORY ARBITRATION
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND MINDBLOOM AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF WASHINGTON.
25. BREACH OF TERMS OF SERVICE
By using the Renewal Space/HFI Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause HFI great and irreparable injury and damage. Accordingly, you agree that HFI shall be entitled, without waiving any additional rights or remedies otherwise available to HFI at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
26. VIOLATIONS
Please report any violations of the Terms to us at info@humanfulfillment.org
