Terms of Use (“TOU”)

By using the TakeMyTroubles.com website (“Service”), a service of Applied Wellness Technologies, LLC, (AWT) you agree to be bound by the following conditions:

Terms of Service Highlights

1. Your on-line identity is factual
2. You are 14 years or older
3. You are responsible for securing your password
4. You are solely responsible for your conduct and for any text, data, images, information, audio, video, material (“Content”) that you enter, post, submit, or upload to the Service
5. Any text, data, images, information, audio, video material (“Content”) you view, hear, or receive from other members is not monitored or moderated by and is in no way representative of the Service or AWT.
6. You understand and accept the Content is not monitored, verified, endorsed, or checked for accuracy, fitness, or suitability.
7. You understand and accept the Service may modify or remove Content at any time, for any reason without notice.
8. You agree to comply with all local laws regarding online conduct and acceptable content.
9. In the use of the Service you must not violate any laws in your jurisdiction (including, but not limited to copyright and trademark laws).
10. If you are, have a history of, or become mentally incompetent, unstable, or challenged, seek professional guidance prior to using the Service.
11. You must not use the Service for any illegal or unauthorized purpose.
12. You must not impersonate, intimidate, abuse, harass, or threaten other Service members
13. You must not create or submit unwanted email (“Spam”) to any Service members.
14. You must not adapt, hack, or modify the Service for any reason.
15. You must not transmit any worms, viruses, or any code of a destructive nature.
16. You understand and agree the Service is provided "as-is” and “as available”. AWT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any member entries or personalization settings.

Violation of any of these agreements will result in the termination of your Service account. While the Service prohibits such conduct and content on the site, you understand and agree AWT cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and you use the Service at your own risk.

Terms of Use continued in detail

1. Terms of Use may be updated from time to time without notice. For material changes to the Terms including the terms incorporated herein (e.g. Privacy Policy and Community Guidelines), we will provide notice to you via your email on record. However, it is your obligation to review these terms every 30 days. If after thirty days our notice of changes to the Terms, you continue to use the Service, you have agreed to be bound by the amended terms.

REGISTRATION AND ACCESS

2. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (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 AWT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AWT has the right to suspend or terminate your account and refuse any and all current or future use of the Service. If you are under 18 you need parental approval to use the Service.
3. AWT may create certain areas on the Service that may contain mature content. You must be at least 18 years of age to access and view such areas.
4. You agree not to access the Service by any means other than through the interface that is provided by AWT for use in accessing the Service.
5. You will receive a password and account upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Service of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You must always provide accurate current and complete registration information for use of the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Your Account is non-transferable and non-assignable. AWT cannot and will not be liable for any consequence, loss, or damage arising from your failure to comply with this Section.

AWT PRIVACY POLICY

6. Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Service Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the applicable privacy policy) of this information.

CONTENT

7. You understand that all information, data, text, software, music, audio, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not AWT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Service. AWT does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, suitability, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is misguided, inappropriate, offensive, indecent or objectionable. Under no circumstances will AWT be liable in any way for any Content, including, but not limited to, any misguidance, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Service.
8. By displaying, uploading, or publishing any Content on the Service you warrant and represent the following:
   
   (a) you own all rights of your Content or, alternatively, you have sufficient rights with your Content to grant to AWT the rights described in these Terms;
   
   (b) you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content; and
   
   (c) your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
9. AWT does not claim ownership of Content you submit or make available for inclusion on Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AWT the following worldwide, royalty-free and non-exclusive license(s), as applicable:
   
   (a) You hereby grant AWT an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
   
   (b) You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username.
10. You acknowledge that AWT may or may not pre-screen Content, but that AWT and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content available via the Service. Furthermore, AWT and its designees have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. IN THIS REGARD, YOU ACKNOWLEDGE YOU MAY NOT RELY ON ANY CONTENT CREATED BY OR SUBMITTED TO ITS SERVICE.

MEMBER CONDUCT

11. You agree to not use the Service to:
    1. Upload, post, email, transmit or otherwise make available any
       1. Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
       2. Content that do not have a right to make available 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);
       3. Content that any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
       4. unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    2. material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    3. harm minors in any way;
    4. impersonate any person or entity, including, but not limited to, a AWT or Service official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person, credentials, or entity;
    5. Disguise the origin of any Content transmitted through the AWT Service;
    6. Interfere with or disrupt the Service;
    7. You do not (and do not allow any third party to) copy, modify, create a derivative work from, 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, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service intentionally or unintentionally violate any applicable local, state, national or international law;
    8. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    9. "stalk" or otherwise harass another; and/or
    10. You acknowledge, consent and agree that AWT may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of AWT, its users and the public.
12. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO AWT, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY AWT $50 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION, INCLUDING ATTORNEY AND COLLECTION FEES IF APPLICABLE.

FEEDBACK TO AWT

13. By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to AWT through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Feedback do not contain confidential or proprietary information; (b) AWT is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) AWT shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) AWT may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically become the property of AWT without any obligation of AWT to you; and (f) you are not entitled to any compensation or reimbursement of any kind from AWT under any circumstances.

INDEMNITY

14. You agree to indemnify and hold AWT and its subsidiaries, affiliates, officers, agents, employees, partners, owners, and licensors harmless (i) from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another, (ii) for any liability arising from any death, injury, harm, dismemberment or defenestration to you or to third parties resulting from the use of this service, as well as for any loss or damage to property to you or to third parties resulting from any use of our service, including but not limited to information you obtain by submitting Content, viewing or listening to Content, FAQs, using our resources, or reading our articles.

NO COMMERCIAL REUSE OF SERVICE

15. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (including Content, advertisements, Software and your AWT ID).

MODIFICATIONS TO SERVICE

16. AWT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AWT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof).

TERMINATION

17. You may terminate your AWT account, any associated email address and access to the Service by submitting such termination request to AWT.
18. You agree that AWT may, without prior notice, immediately terminate, limit your access to or suspend your AWT account, any associated email address, and access to the Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Service. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in AWT's sole discretion and that AWT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

ADVERTISERS

19. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through 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 advertiser. You agree that AWT shall 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 Service.

LINKS

20. Service may provide, or third parties may provide, links to other internet sites or resources. You acknowledge and agree that AWT 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 AWT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection AWT with use of or reliance on any such Content, goods or services available on or through any such site or resource.

AWT'S PROPRIETARY RIGHTS

21. 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. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by AWT or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service, such Content or the Software, in whole or in part.

DISCLAIMER OF WARRANTIES

22. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SERVICE ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AWT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. AWT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, 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 AWT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
    5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE AWT SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE AWT SERVICE. IMMEDIATELY DISCONTINUE USE OF SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE AWT SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
    6. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE MENTAL AND BEHAVIORAL CONDITIONS WHO MAY PROVIDE ADVICE THAT IS POOR, UNWISE, INAPPROPRIATE, UNFIT FOR PURPOSE, IMMORAL, OR ILLEGAL. IN NO WAY IS AWT LIABLE FOR ANY ADVICE, RECOMMENDATIONS, SUGGESTIONS, OR COMMENTS PROVIDED BY MEMBERS OR THIRD PARTIES.

LIMITATION OF LIABILITY

23. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AWT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AWT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE AWT SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AWT SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE AWT SERVICE.

EXCLUSIONS AND LIMITATIONS

24. 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 19 AND 20 MAY NOT APPLY TO YOU.
25. We have no obligation to provide customer support of any kind. However, we may provide customer support from time to time, at our sole discretion, you submit your customer support questions following the proper procedures and qualifications specified at that time.

NOTICE

26. AWT may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, postings on the Service, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOU by accessing the Service in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

TRADEMARK INFORMATION

27. You agree that all of AWT’s trademarks, trade names, service marks and other AWT logos and brand features, and product and service names are trademarks and the property of AWT Inc. (the "AWT Marks"). Without AWT's prior permission, you agree not to display or use in any manner the AWT Marks.
    
    

GENERAL INFORMATION

28. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Community Guidelines) and any policies and guidelines posted to the Service by AWT comprise the entire agreement (the "Entire Agreement") between you and AWT with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Service, affiliate services, third-party content or third-party software.
29. Choice of Law and Forum. You and AWT each agree that the TOU and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOU, or the relationship between you and AWT, shall be brought exclusively in the courts located in the county of San Diego, California. You and AWT agree to submit to the personal jurisdiction of the courts located within the county of San Diego, California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
30. Waiver and Severability of Terms. The failure of AWT to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect.
31. Statute of Limitations. 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 the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
32. Titles: The section titles in the TOU are for convenience only and have no legal or contractual effect.

VIOLATIONS

33. Please report any violations of the TOU to info@takemytroubles.com.

Last updated: May 21, 2009