Last Modified: 10/10/2014
Thank you for using our website www.thewilltochange.com! The site is the property of The Will To Change Inc. (henceforth “The Will To Change”, “our”, or “we”). These Terms of Service (“TOS”) govern the use of our products and services online at www.thewilltochange.com, on mobile devices, and in all other ways (collectively, “The Will To Change”).
- Your Account Information and Email
- Intellectual Property
- Your License to Use The Will To Change
- Canceling Your Account
- Restrictions and Prohibited Uses
- Limitation of Liability
- Agreement to Arbitrate
1. Your Account Information and Email
The Will To Change provides a personalized content and training experience. When you create an account, we require you to provide information about yourself, including your email address and a password (see “Profile – Account Information“).
Some features of The Will To Change either now or in the future may allow you to post or submit content and materials for publication on The Will To Change (henceforth “Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer features and functions on The Will To Change. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
You may choose to opt out of much of this email correspondence through your Profile – Account Information or by using the links at the bottom of our emails.
Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
2. Intellectual Property
The content of The Will To Change and www.thewilltochange.com is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store The Will To Change and www.thewilltochange.com content in any form and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any The Will To Change and www.thewilltochange.com content. You agree that all data and functionality in our systems are “trade secrets” as defined, without limitation, by the laws of the state of New Jersey. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in The Will To Change. All intellectual property rights in The Will To Change are, as between you and The Will To Change, the sole and exclusive property of The Will To Change Inc.
Some features The Will To Change either now or in the future may allow you to post or submit content and materials for publication on The Will To Change (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer features and functions on The Will To Change. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We appreciate when you provide us feedback through customer service or by email or social features, but we make no commitment to using any feedback, comments, or suggestions that you may provide.
3. Your License to Use The Will To Change
We are providing you with access to The Will To Change and its content pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use The Will To Change for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from The Will To Change by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use The Will To Change. The Will To Change Inc. reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
4. Canceling Your Account
While we hope you enjoy using The Will To Change, you may cancel your account at any time by contacting firstname.lastname@example.org .
5. Restrictions and Prohibited Uses
The Will To Change is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:
- Attempt to impersonate another person or use another person’s The Will To Change account information without authorization;
- Use or distribute The Will To Change for your own scientific or clinical research purposes;
- Violate or attempt to violate The Will To Change’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of The Will To Change systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy The Will To Change content and systems;
- Use The Will To Change for the purpose of creating a product with a substantially similar look, feel or design;
- Access or search The Will To Change by any means other than our publicly supported interfaces (for example, “scraping”);
- Interfere with others’ use and enjoyment of The Will To Change;
- Use The Will To Change or any trademarks, service marks, copyrights, or logos of The Will To Change Inc., in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your The Will To Change account, and may also subject you to civil or criminal penalties.
YOU AGREE THAT USE OF THE WILL TO CHANGE’s PRODUCTS AND SERVICES IS AT YOUR OWN SOLE RISK AND THAT THE WILL TO CHANGE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WILL TO CHANGE INC., ITS OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WILL TO CHANGE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
THE WILL TO CHANGE STRIVES TO MAINTAIN WWW.THEWILLTOCHANGE.COM ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE WILL TO CHANGE AT ALL TIMES.
THE PRODUCTS AND SERVICES PROVIDED BY THE WILL TO CHANGE ARE NOT MEDICAL PRODUCTS AND SERVICES AND ARE NOT TO BE USED AS MEDICAL TREATMENT OR ADVICE.
7. Limitation of Liability
IN NO EVENT SHALL THE WILL TO CHANGE INC., ITS OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO THE WILL TO CHANGE’S PRODUCTS AND SERVICES FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO THE WILL TO CHANGE; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF THE WILL TO CHANGE; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE WILL TO CHANGE INC. AND YOU. YOU UNDERSTAND THAT THE WILL TO CHANGE PRODUCTS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
You will indemnify and hold harmless The Will To Change Inc., its officers and/or employees and/or affiliates, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to The Will To Change, Your Content, or the violation of the TOS by you.
9. Agreement to Arbitrate
PLEASE READ THIS SECTION 10 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against The Will To Change Inc., you agree to try to resolve the dispute by contacting us in writing at info@TheWillToChange.com . Before we file a claim against you, we agree to contact you at the email address associated with your account at The Will To Change. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
A. GENERAL. YOU AGREE THAT YOU AND THE WILL TO CHANGE INC. WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO THE WILL TO CHANGE OR YOUR USE THEREOF, INCLUDING THESE TOS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES. Judicial Arbitration and Mediation Services (“JAMS”) will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed (“JAMS Rules”). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018, USA. Phone 212-751-2700. Fax 212-751-4099. Or on the JAMS website at http://www.jamsadr.com/
C. NO RIGHT TO COURT TRIAL. YOU AND THE WILL TO CHANGE INC. ALSO HEREBY WAIVE THE RIGHT TO A COURT TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A COURT TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. The TOS are governed by New Jersey law without regard to conflict of law provisions. Both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Passaic County, New Jersey as the legal forum for any dispute between them.
(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on The Will To Change or by posting an updated TOS on The Will To Change at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of The Will To Change following the effective date means that you agree with, and consent to be bound by, the updated TOS.
(d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by The Will To Change on www.thewilltochange.com , the TOS shall govern, unless otherwise indicated. Sections 2-10 shall survive any termination of this TOS Agreement.