A. The Terms
1. Acceptance of Terms
Welcome to BruceLipton.com (“Service” or “Site”) owned and operated by Mountain of Love Productions, Inc. By checking “I Agree” on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement as amended from time to time the Community Guidelines and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, do not use the Site. Please review all of the Terms carefully before using the Site. By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.
In the Terms, “User,” “you” and “your” refer to the individual or entity that creates a BruceLipton.com account as a Customer. “BruceLipton.com,” “we,” “us” and “our” refer to BruceLipton.com “Content” includes interactive features, music, sounds, the text, software, photos, scripts, graphics, videos, audiovisual combinations, and any other materials viewed on, accessed through, or contributed to the Service. “Customer” refers to the person who consumes content and other services on the Site.
3. Electronic Communications and Right to Modify Terms
When you visit BruceLipton.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your BruceLipton.com account profile, your current and active email address. BruceLipton.com may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective thirty (30) days after notice to User, either via email from [email protected] to your email address on file with us. If you specifically agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
B. User Accounts
4. User Accounts; Restricted Activities; Suspension or Termination of Service
When you register as a User on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify BruceLipton.com of any unauthorized use of your password or account. You should only create one account on the Site. If any BruceLipton.com account of yours has been suspended or terminated, you may not open another account on the Site. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active BruceLipton.com accounts.
You agree that any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with BruceLipton.com or the Site; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections); (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without BruceLipton.com’s prior written consent. You are prohibited from soliciting Users of this Site for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with BruceLipton.com
Suspension or Termination of Service.
At any time, without notice, for any or no reason, BruceLipton.com reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
5. Charges and Refund Policy
Subscriptions allow customers to receive Library access on the Site for a monthly or annual recurring fee. Each subscription period, subscription customers are automatically charged the subscription fee. The subscription fee will be paid to BruceLipton.com as compensation for the Site access benefits to which you were entitled during the subscription period. The customer is obliged to comply with the commitment period given by the Subscription Detail. The subscription is automatically renewed on the terms of the current terms to each another month, if it is not terminated until the expiration of each period of commitment. There is no refund on your subscription payment. You may cancel your subscription at any time. If you agree to a subscription and then later agree to a different subscription, the terms of the later selected subscription will apply and your earlier selected subscription will be cancelled. Subscription customers will be bound by the Subscription Details so please be sure to review them carefully. BruceLipton.com maintains the right to initiate special incentive, pricing, membership, and other programs
Ongoing Subscription and Cancellation
Your Library subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each month in order to avoid the next month’s billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). To cancel your subscription contact Customer Service at CS@ BruceLipton.com.
6. Receipt of Special Offers and Other Communications
By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from BruceLipton.com. You may modify this setting by making the relevant changes to your BruceLipton.com profile.
D. Legal Statements
Users are responsible for their acts and omissions and content placed on the Site. Because the BruceLipton.com Site is a community, in the event that you have a dispute with one or more Users, you release BruceLipton.com from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. Proprietary Rights of Content
You acknowledge that BruceLipton.com own the rights to the content displayed on the Site. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the BruceLipton.com website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by BruceLipton.com. are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site or created on Member calls or webinars. The posting of information or materials on the Site does not constitute a waiver of any in such information and materials. You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the Library Member call, the BruceLipton.com page on www.facebook.com, the BruceLipton.com venue on www.twitter.com, or to the Site administrator or any employee, officer or agent of BruceLipton.com (“User Content”), will not be considered confidential and may be used by BruceLipton.com, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You grant to BruceLipton.com a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
9. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that BruceLipton.com is not responsible for the acts or omissions of Users on the Site.
10. Limitation of Liabilities
In no event shall BruceLipton.com be liable for any indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of business, profits, data, use, revenue or other economic advantage), arising out of or in connection with our site. You and BruceLipton.com agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
You agree to indemnify and hold BruceLipton.com, any affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site.
12. Applicable Law and Place of Jurisdiction
This contract is subject to California law.