| EASYCALM
TERMS & CONDITIONS:
Last updated: December, 2007
1. General
1.1 This agreement governs your use of this website (www.easycalm.com),
operated
by Youniverse LLC, and of the related products and services offered
therein (collectively, the "Service").
Additional terms and conditions of use applicable to specific areas
of the
Service may also be posted in such areas and, together with this
agreement,
govern your use of those areas. This agreement, together with any
such additional terms and conditions, are referred to as this "Agreement."
The EasyCalm System, as well as other products
offered and information provided by The Service are not substitutes
for evaluation and treatment by a Professional Health Care Provider
and are not intended to diagnose or treat a health problem or disease.
1.2 Youniverse LLC reserves the right, in its discretion, to change
or modify all or any part of this Agreement at any time, effective
immediately upon notice published on the Service. Your continued
use of the Service constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made
by Youniverse LLC as permitted above. Please be sure to review this
Agreement periodically to ensure familiarity with the most current
version. If at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately cease all
use of the Service.
1.3 The Service is directed to adults and is not directed to children
under the age of 18. You must be 18 years of age or older to use
the Service. By ordering or registering for the Service, you represent
and
warrant that you are 18 years of age or older. Additionally, you
must provide
true, accurate and complete registration information to purchase
any products
offered or become a member of the Service ("Member").
Creating a Member account
under automated means or under false or fraudulent pretenses constitutes
unauthorized use of the Service and such accounts will be terminated
by Youniverse LLC.
2. Use of Content
2.1 You acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other material
(collectively, the "Content") that are protected by copyright,
trademark or other proprietary rights of Youniverse LLC or third
parties. All Content on the Service is copyrighted as a collective
work of Youniverse LLC pursuant to applicable copyright law. You
agree to comply with any copyright notices, information, or restrictions
contained in any Content available on or accessed through the Service.
Users of the Service may use the Content only for their personal,
noncommercial use.
2.2 Except as expressly permitted in Section 2.3 of this Agreement,
you may not modify, publish, transmit, reproduce, create derivative
works from, distribute, perform, display, sell, transfer or in any
way exploit any of the Content or Material, in whole or in part.
Content consisting of downloadable software may not be reverse engineered
unless specifically authorized by the owner of the software's patent
and/or copyright. You also agree not to circumvent, disable or otherwise
interfere with any security related features of the Service or the
Content, including features that prevent or restrict use or copying
or that enforce limitations on use.
2.3 You may download, copy and make any personal, non-commercial
use of the Content and use that is permitted by Sections 107 through
122 of the United States Copyright Act of 1976, as amended ("Copyright
Act") and not prohibited by any section of the Copyright Act
or by any other applicable law, rule or regulation; provided, however,
that you maintain all copyright and other notices contained in such
Content; and provided further that you shall not store electronically
any significant portion of any Content.
3. Rules of Conduct
The following is an incomplete list of illegal and prohibited uses
of the Service. Youniverse LLC may investigate any illegal and/or
unauthorized use of the Service and appropriate legal action may
be taken, including without limitation, civil, criminal, and injunctive
redress. While utilizing the Service, you may not:
use the Service for any commercial purpose, to redistribute
any product or content or solicitation of funds or goods and services,
or to solicit users to join competitive online services;
email the Service any links to any external Internet sites
that are illegal, obscene or pornographic, or display illegal, pornographic
or obscene material of any kind;
use any robot, spider, site search and/or retrieval application,
or other device to retrieve or index any portion of the Service;
transmit any viruses, worms, defects, Trojan horses or other
items of a contaminating or destructive nature via email or any
other means;
4. Managing Content
Youniverse LLC shall have the right, but not the obligation, to
correct any errors or omissions in any Content, as it may determine
in its sole discretion.
5. No Endorsement
5.1 Youniverse LLC does not represent or endorse the accuracy or
reliability of any Content posted on any interactive or download
area and you acknowledge that any reliance upon such Content shall
be at your sole risk. Any user Content placed on the "testimonials"
area represents the views of the user, and does not represent the
views of Youniverse LLC.
5.2 The Service may contain links to sites on the Internet which
are owned and operated by third parties (the "External Sites").
You acknowledge that Youniverse LLC is not responsible for the availability
of, or the content located on or through, any External Site. You
should contact the site administrator or webmaster for those External
Sites if you have any concerns regarding such links or the content
located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold Youniverse LLC and its affiliates,
and their respective officers, directors, owners, agents, information
providers and licensors (collectively, the "Youniverse LLC
Parties") harmless from and against any and all claims, liability,
losses, damages, costs and expenses (including attorneys' fees)
incurred in connection with any products or content available on
the Service.
7. Termination of Service
Youniverse LLC reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Service,
at any time for any reason
without prior notice or liability. The terms of this Agreement shall
survive any
termination of your membership. Youniverse LLC may change, suspend
or discontinue
all or any aspect of the Service at any time, including the availability
of any feature, product, or Content, without prior notice or liability.
8. Copyright Policy
You may not redistribute, perform, display, transmit or reproduce
in any way, any part of any product or Content available on the
Service.
9. Disclaimer of Warranties; Limitation of Liability.
9.1 Neither Youniverse LLC nor any provider of third party content
or their respective agents warrants that the Service will be uninterrupted
or error free; nor does Youniverse LLC, any third party content
provider, or their respective agents make any warranty as to the
results to be obtained from use of the Service or the Content. The
Service and the Content are distributed on an "as is, as available"
basis. Youniverse LLC makes no warranties of any kind, either express
or implied, including, without limitation, warranties of title or
implied warranties of fitness for a particular purpose, with respect
to the Service, any Content or any products or services sold through
the Service. Neither Youniverse LLC nor any third party content
provider warrants that any files available for downloading through
the Service or email correspondence will be free of viruses or similar
contamination or destructive features.
You expressly agree that the entire risk as to the quality and
performance of the Service and the accuracy or completeness of the
products and Content is assumed solely by you.
Please note that a small number of people may experience epileptic
seizures when exposed to certain light patterns on a computer screen
like those displayed when using the products and Content available
on the Service.
Consult your physician prior to using the Service if you have had
any epileptic symptoms (such as eye or muscle twitches, dizziness,
altered vision, disorientation, loss of awareness, involuntary movements
or convulsions) and discontinue use of the Service immediately if
you experience any such symptoms.
Products and Content available on the Service are NOT intended
as a replacement to medical or psychological treatment. All information
contained within the Service, it's Content and products is provided
as biographical content only. Your doctor should be consulted anytime
you have a medical or psychological problem or are considering taking
over the counter vitamins or natural supplements. Advice or comments
expressed in any product or content available on the Service are
not endorsed by Youniverse LLC.
9.2 Neither Youniverse LLC, any third party content provider nor
their respective agents shall be liable for any direct, indirect,
incidental, special or consequential damages arising out of the
use of or inability to use the Service, even if such party has been
advised of the possibility of such damages.
9.3 Some states do not allow exclusion of implied warranties or
limitation of liability for incidental or consequential damages,
so the above limitations or exclusions may not apply to you. In
such states, the liability of Youniverse LLC, third party content
providers and their respective agents shall be limited to the greatest
extent permitted by law.
10. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree
to comply with all local rules regarding user conduct on the Internet
and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the downloading of software and media
content and products from the United States to the country where
you reside.
12. Miscellaneous
This Agreement shall be construed in accordance with the laws of
the State of Nevada, without reference to principles of choice of
law.
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