Terms and Conditions
Agreement with The Society International
(V1.1 – Effective August 1st, 2011)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR PURCHASES AND SUBSCRIPTIONS OF PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE AND YOUR GENERAL USE OF THE WEBSITE.
The “Website” refers to all of the Website at www.thechosen50.com and any of its subdomains.
“The Society”, “The Chosen 50”, “we”, or “us” refers to Neil Strauss, the owner and operator of the Website.
The “Services” refer to the services described on the Website, which are access and admission to various functions of the Website, seminars, digital and multi-media materials, networking opportunities, personal mentoring by Neil Strauss as described on the Website, the nature and amount of such to be in the sole discretion of Neil Strauss. The Services do not include any services offered by Neil Strauss except as set forth on the Website.
I. You Are Entering Into An Agreement:
II. Restrictions On Use; Conduct Requirements; Grant Of Rights:
III. Links:
IV. The Society Is Not A Party To Your Transactions; Third Party Content And Services; Partial List of Transaction Risks; No Personal Advice:
V. Parental Permission; Minimum Age 18 Requirement:
VI. Copyright; Trademarks:
VII. Digital Millennium Copyright Act; Procedure For Making Claims Of Copyright Infringement:
VIII. User Public Forum Submission/Participation Policy And Terms:
IX. Your Fees; Product/Service/Subscription Purchases; Special Offers And Promotions:
X. Limited Rights When You Purchase From The Society:
XI. Termination Of Subscription/Service; Satisfaction Policy:
XII. Disclaimers Of Liability; No Representations Or Warranties:
XIII. Indemnification:
XIV. Misc.; Binding Arbitration; Disputes:
************************************************************************
I. You Are Entering Into An Agreement:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
By using the Website, purchasing the Services, or utilizing the Services, you are agreeing and are hereby deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using the Website or continuing to receive the Services after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to Services purchased or utilized from The Society, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. However, if you renew or extend any subscription or Service purchase from The Society, the version of these Terms and Conditions (alternately referred to as the “Agreement”) posted at the time of the renewal or extension, applies to the renewal or extension. Also, if you fail to terminate your subscription within 30 days of a change to these Terms and Conditions, the revised Terms and Conditions applies to you.
If you choose not to accept these Terms and Conditions, do not use the Website or purchase anything through the Website. Once you use the Website or purchase Services through the Website, you cannot opt out of this Agreement.
This Agreement incorporates the Privacy Policy and California Privacy Policy.
Any attempt to alter, supplement, modify, or amend this Agreement by you will be considered an attempted material alteration of this Agreement and such attempted material alteration is therefore null and void.
II. Restrictions On Use; Conduct Requirements; Grant Of Rights:
The contents of the Website are protected by copyright and trademark laws and are the property of their owners. Unless we say otherwise, you may access the materials located within the Website only for your own use. This means you may download one copy of posted materials on a single computer for archival purposes only, for your own use only, so long as you neither change nor delete any author attribution, trademark, legend, or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Website, except as may be explicitly allowed by us in writing. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display, or commercially exploit any material from the Website.
You agree to comply with; i) the reasonable rules and regulations as may be promulgated by The Society from time to time and communicated to you either by email, on the Website, or in these Terms and Conditions with regard to the use of the Website or the Services, ii) the terms of these Terms and Conditions, iii) the requirement that you use the Website functionality and utilize and participate in the Services in good-faith (which includes that your communication through the Website/Services or with other users of the Website/Services be made in good faith), iv) all applicable law, v) the requirement that you shall not violate the rights of any third party, and vi) the requirement that any information you submit shall be accurate and shall not in any way be deceptive or misleading.
You represent and warrant that you are aware of and will comply with all applicable law at all times, including but not limited to the CAN-SPAM Act of 2003 (15 U.S.C. §7701, et seq.), the regulations of the FTC, the Consumer Legal Remedies Act (Cal. Civil Code §1750, et seq.), and Cal. Business and Professions Code §17529.5.
To the extent you are the original copyright holder of any post or submission by you to the Website and such post or submission does not contain any of the information or material of The Society or other information you are required to preserve as confidential by The Society, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted The Society a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication, or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree, represent and warrant that The Society may sublicense or assign its rights through multiple tiers of sublicenses or assigns. Please also see “VIII. User Public Forum Submission/Participation Policy And Terms:” for other rights you are granting to us.
The Society has the right, but not the obligation, to remove any information provided by you that it has a good faith belief is incorrect or misleading, which may subject The Society or its users to any liability, or for any other reason in its sole discretion.
You agree not to do any of the following while using the Website or in conjunction with or while participating in the Services:
1. harass, stalk, or otherwise abuse another user or other party;
2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
3. transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual property or any other rights of any third party;
4. upload or transmit viruses, Trojan horses, or other harmful, disruptive, or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Website;
5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
6.transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offer for sale of any products or services, except in areas specifically designated for such purposes;
7. engage in “harvesting” or “phishing” for email addresses from any public or other sources such as, but not limited to, chat rooms and message boards, including community websites that prohibit such activity;
8. falsely or misleadingly imply you are, represent, or are a part of any entity; or
9. violate any applicable local, state, federal, or international law, rule, or regulation.
III. Links:
These Terms and Conditions apply only to the Website and the Services, and not to the websites of any other companies or organizations, including those to which the Website may link. We are not responsible for the availability of any other website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other Website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other Website. You should direct any concerns to that Website administrator or webmaster.
Other sites may not link to the Website only through any plain-text link or provided graphics link without express permission. We reserve the right to rescind any previously-granted permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link the Website, at our discretion at any time.
IV. The Society Is Not A Party To Your Transactions; Third Party Content And Services; Partial List Of Transaction Risks; No Personal Advice:
Subject to these Terms and Conditions, users may access the Website or utilize the Services offered by the Society to communicate with others and to post information they wish others to search, review, find, or otherwise use. The Society does not provide this information, nor does it review such information for accuracy. The Society makes no representations or warranties regarding such information provided by third parties, such as Website users or other parties receiving services from the Society. While users of the Website and the Services of The Society may use such to facilitate transactions, the Website and The Society are not parties to such transactions.
The Website may contain links to websites maintained by third parties (“Third Party Websites”), including service providers and sellers of products and services. Such links to Third Party Websites are provided for your convenience and reference only. The Society does not operate or control, in any respect, any information, content, software, products, or services available on such Third Party Websites and is not responsible for any content on such Third Party Websites, including the website of any service provider or any other third party. The Society’s inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee, or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof.
The Society assumes no obligation to exercise editorial control over the opinions, advice, statements, services, offers, or other content provided by third parties, including by users. Nevertheless, The Society reserves the right to screen, review, edit, or remove any content if it does not comply with laws, rules, or regulations, or for any other reason The Society deems relevant in its sole discretion.
Descriptions and other information appearing on the Website or on Third Party Websites have not been verified by The Society and such descriptions, data, and information are not intended to be and are not binding on The Society.
You acknowledge and agree that your use of any product or service provided to you by a third party (or any service other than the Services offered or provided by Neil Strauss) shall be subject to the terms of a separate agreement between you and the applicable third party. The Society has no liability to you in relation to any product or service provided by a third party or for any acts or omissions of any third party.
V. Parental Permission; Minimum Age 18 Requirement:
The Website and the Services are not directed to persons under the age of 18 and we will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We require all users of the Website or purchasers of The Society’s products and Services to be over 18. You agree to abide by any such restrictions and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Website or using any of the products or Services of The Society. If you are accessing the Website or using or purchasing any of the products or Services of The Society, you represent that you are at least 18 years of age.
VI. Copyright; Trademarks:
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Society or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of The Society and protected by U.S. and international copyright laws. All software used on the Website is the property of The Society or its software suppliers and protected by United States and international copyright laws.
“Neil Strauss”, and other The Society logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of The Society or its affiliates in the U.S. and/or other countries. The Society’s trademarks and trade dress may not be used in connection with any product or service that is not The Society’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits The Society. All other trademarks not owned by The Society or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Society or its affiliates.
VII. Digital Millennium Copyright Act; Procedure For Making Claims Of Copyright Infringement:
It is the policy of The Society to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in a “DMCA Notice”:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
4. identification of the URL or other specific location on the Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);
5. your name, address, telephone number, and email address;
6. 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; and
7. a sworn statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for DMCA notice of claims of copyright infringement on the Website can be reached as follows:
By email:
manofstyle@gmail.com
Please place “The Society Legal Support, DMCA” in the Subject Header.
Please note that you may be liable for damages (including attorneys’ fees and other costs) if you materially misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any claim.
Please note that a copy of each legal notice and claim (without your personal information) could be sent to a third-party partner for publication and annotation. You can see examples of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi.
This contact information is only for reporting copyright infringement.
VIII. User Public Forum Submission/Participation Policy and Terms:
a) General:
As a service to our users, the Website may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, may be provided by and therefore is the responsibility of the third party creator of the Forum or the person posting in that Forum. The Society has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE, OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
b) Your Participation/Contribution Requires Consideration:
Any information shared (including personally identifiable information or other personal information) that you reveal in a Forum is by design open to the public (or to a private group within a special Forum) and is not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to, or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes.
c) Confidential Obligations:
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringes or violates any rights of any party. Further, you may have entered into an agreement with The Society that requires you to maintain the confidentiality of certain material or information of The Society. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which The Society has required you to preserve as confidential.
d) Grant of Rights:
To the extent you are the copyright holder of any post or submission by you to a Forum, or the Website in general, and such post or submission does not contain any of the information or material of The Society or other information you are required to preserve as confidential by The Society, then; i) you remain the owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise represent and warrant that the owner of such content or intellectual property has expressly granted The Society, a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication, or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree, represent, and warrant that The Society may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
e) No Obligation to Monitor:
The Society does not necessarily control the information delivered to the Forums and has no obligation to monitor the Forums. However, The Society reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or legal governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, for any reason whatsoever, in The Society’s sole discretion.
f) No Obligation to Remove; Right to Act:
The Society is not obligated to remove any content from the Website which does not violate any civil or criminal laws and any contributions intended for display on this Website via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that The Society shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with The Society with differing terms. If you do not wish to have something which you submit to be published, do not submit it in the first place.
If The Society discovers communications which allegedly do not conform to any requirements/restrictions of the Website or of The Society, The Society may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Society will have no liability or responsibility for performance or non-performance of such activities. The Society reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Website are available only through the Website and others are available both through the Website and other sources, such as Usenet, over which The Society has absolutely no control.
g) No Endorsement:
The Society does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
IX. Your Fees; Product/Service/Subscription Purchases; Special Offers and Promotions:
The Website provides various opportunities to purchase products, Services, and subscriptions. In purchasing such, the applicable fees and related terms are disclosed to you and you are required to accept such. In particular, the fees for subscriptions to the Services will be communicated on the purchase page of the Website and/or over the telephone by representatives of The Society, prior to accepting payment information. Subscription fees for the Services are payable monthly or annually in advance by credit/debit or charge card (“Payment Card”).
All applications to purchase the Services are subject to verification and approval at the sole discretion of The Society. The Society will notify you in the event that your application to purchase of the Services has been accepted. You are obliged to provide correct details when you apply for an application to purchase the Services. Your failure to do so may delay or invalidate your participation in the Services and any subsequent transaction. Your responsibility to provide accurate information is a continuing obligation and you must notify The Society in the event that any information provided by you changes.
By make any purchase from the Website, you are agreeing to pay the fees disclosed to you related to such purchase. You are agreeing to have such amounts charged to the Payment Card you provided. If you purchased a subscription for the Services, you agree to the monthly reoccurring charge, and you are agreeing to have such amounts charged to the Payment Card you provided, until you terminate your subscription or other purchase as set forth herein or as specified in the terms when you made your purchase.
After your subscription for the Services is approved, using the Payment Card provided, your subscription will automatically renew i) in the event of a month subscription, on the monthly anniversary date from the date of purchase (“Renewal Date”) of each following month, or ii) in the event of a yearly subscription, on the yearly anniversary date from the date of purchase (also the “Renewal Date”) of each following year. By providing your Payment Card information, you authorize The Society to deduct the subscription fee and renewal subscription fees by the Payment Card up to 28 days prior to or on your applicable Renewal Date (which is monthly or yearly depending on your subscription. You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the Payment Card you are using is your own and that there are sufficient funds to cover the cost of the product or the service.
These Terms and Conditions are in addition to the terms and fees you agree to when making a purchase.
You are required to pay all charges on time, and hereby agree to submit an accompanying payment authorization in connection with these charges when requested by The Society. Credit card transactions require an acceptable and currently working/continuously valid Payment Card number/account. The Society may terminate or disable your purchases or subscriptions if you fail to pay fully and in a timely manner all amounts due to The Society. If your Payment Card expires or is otherwise declined for payment, your access to the Website may be modified, suspended or cancelled, in The Society’s sole discretion and without notice to you. You agree that in no event shall you seek a chargeback unless The Society has authorized such. Each time you access or use the Website, you are affirming that The Society is authorized to obtain payment through the applicable payment method. All fees are quoted and payable in United States Dollars. You are also responsible for paying all applicable taxes for services or products you receive from The Society, and any other costs incurred in connection with the use of or access to the Website.
You may contact the The Society Customer Support Department by e-mail at manofstyle@gmail.com. Notwithstanding the foregoing, in no event may you dispute any charge or account billing hereunder later than ninety (30) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by you. Otherwise, except as required by applicable law, any and all such complaints of yours are waived by you.
The Society may, from time to time, offer promotions or special offers. The Society reserves the right to modify or terminate such promotions or special offers in its discretion.
X. Limited Rights When You Purchase from The Society:
The Website is and shall remain the sole and exclusive property of The Society. You shall have only the limited rights with respect to the Website as expressly granted in these Terms and Conditions or as the Website specifically provides in the terms of a purchase from the Website. All rights not expressly granted herein are reserved by The Society. You acknowledge and agree that only The Society shall have the right to alter, maintain, enhance, or otherwise modify the Website, or its products or services. You agree that you will not disassemble, decompile, manipulate, or reverse engineer the Website or aid others to do so. Under no circumstances shall you sell, license, publish, display, copy, distribute, or otherwise make available the Website (or any products or services provided herein) in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in this Agreement.
You will take all reasonable steps to protect the security of the Website and to prevent unauthorized use or disclosure thereof. You are responsible for all access to and use of the Website by means of your equipment or under your user ID and password, whether or not you have knowledge of or authorized such access or use. You shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and you shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by you.The Society reserves the right to modify or to discontinue the Website and any products or services provided by The Society hereunder, with or without notice to you. The Society shall not be liable to you in the event that The Society exercises its rights under this Section.
XI. Termination Of Subscriptions/Services; Satisfaction Policy:
a) Termination of Subscriptions/Services:
If you are unsatisfied with your purchase of any subscription to the Services for any reason, you may contact The Society within 30 calendar days from the date of your purchase to cancel your subscription and receive a full refund. Refunds will be credited to your original form of payment. After 30 days from the date of your payment, no refunds will be made, however you may cancel your membership at any point prior to your applicable Renewal Date to avoid incurring a renewal subscription fee for the following month. Your ability to use subscription and the related benefits will end on the date your termination is effective.
The Society reserves the right to terminate the subscriptions and services you receive from the Website for any reason, effective upon written notice to you. In the event of a termination of your subscription by The Society, The Society shall refund to you a pro-rated portion of your payment for the applicable subscription period.
If you subscribed using your Payment Card, to cancel, send an email to manofstyle@gmail.com with the subject line: “CANCEL” prior to the desired termination date and include your full name and phone number in the content of the email.
If you subscribed using your Paypal account, you can cancel directly from Paypal.
XII. Disclaimers Of Liability; No Representations Or Warranties:
The Society attempts to ensure that information that The Society provides and its content (which is separate and distinct from the content of third parties, including but not limited to advertisers, users and other third parties) is accurate and reliable, however, errors sometimes occur. The Society does not make any representation, warranty, or guarantee regarding the accuracy of the material posted or transmitted via the Website or the products and services provided by The Society and advises you independently to verify the accuracy of the information provided.
THE WEBSITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OF THE SOCIETY ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE ARE NO PROMISES OR GUARANTEES REGARDING ANY PERSONAL GAIN, SKILLS OR IMPROVEMENTS YOU MAY RECEIVE FROM THE SERVICES. THE SOCIETY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OF THE SOCIETY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME ITS ACCURACY FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE WEBSITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES OF THE SOCIETY WILL BE FREE OF INTERRUPTION, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
THE SOCIETY MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER USERS OF THE WEBSITE.
BY YOUR USE OF THE WEBSITE, ITS CONTENT, OR THE PRODUCTS OR SERVICES OF THE SOCIETY, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. NEITHER THE SOCIETY NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, OR OTHER AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, ITS CONTENT, OR THE USE OF THE PRODUCTS OR SERVICES OF THE SOCIETY OR ANY THIRD PARTY, OR WITH DELAY OR INABILITY TO USE THE WEBSITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS, OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You waive benefit of i) California Civil Code § 1542, which provides, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known to him or her must have materially affected his or her settlement with the debtor” and ii) each other similar provision of applicable federal or state law, if any, pertaining to general releases.
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE SOCIETY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES.
XIII. Indemnification:
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD THE SOCIETY AND THE SOCIETY’S PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AND CUSTOMERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES (COLLECTIVELY, “LOSSES”), INCURRED BY THE SOCIETY AND THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM (A) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS BY YOU; (B) THE FAILURE OR ALLEGED FAILURE OF ANY PRODUCTS (INCLUDING BUT NOT LIMITED TO PROPERTY) OR SERVICES PROVIDED OR OFFERED BY YOU (INCLUDING BUT NOT LIMITED TO FAILURE TO COMPLY WITH SPECIFICATIONS OR WITH ANY EXPRESS OR IMPLIED WARRANTIES); (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE, OR GOVERNMENTAL ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION, OR FRAUD RESULTING FROM YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR ACTUAL OR ALLEGED PROPERTY DAMAGE ARISING FROM OR IN RELATION TO YOU; (G) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE WEBSITE, AND (H) ANY BREACH OR ALLEGED BREACH OF YOUR REPRESENTATIONS OR WARRANTIES OR ANY PROVISION OF THESE TERMS AND CONDITIONS BY YOU. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT THE SOCIETY OR ITS RESPECTIVE AFFILIATES, SUCCESSORS, AND ASSIGNS (AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS) MAY ASSERT.
XIV. Misc.; Binding Arbitration; Disputes:
a) Binding Arbitration; Disputes:
You agree that any claim or controversy arising out of or relating to the use of the Website or the services provided by The Society in connection with the Website, its content, or to any acts or omissions for which you may contend The Society or its employees, agents, affiliates, officers, or directors are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally and exclusively settled by arbitration in Los Angeles, California. Such arbitration shall be held before one arbitrator using expedited procedures under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Los Angeles, California, and you agree to submit to the jurisdiction of such court for that purpose. You and The Society agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under these Terms and Conditions and in no event more than actual compensatory damages. This Agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE SOCIETY WILL BE RESOLVED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA; THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND THE SOCIETY RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA, FOR THAT PURPOSE.
You also acknowledge and understand that, with respect to any Dispute, in the event The Society incurs attorney fees or expenses in connection with the collection of sums owed to us by you under this Agreement, we shall be entitled to recovery of those fees and expenses from you.
b) Severability:
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
c) Waiver:
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
d) Entire Agreement:
This Agreement, together with anything specifically incorporated by reference, are the complete and exclusive agreement between The Society and you with regard to the purchase or subscription to which this Agreement is associated. This Agreement supersedes all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between The Society and you relating to the subject products and services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.