Terms and Conditions

Terms and Conditions of Use

This Internet website, www.MarrigeMasters.com, (the "Site") is provided by Mastering LifeSkills Inc., an Ohio corporation, with offices located at 7122 Cypress Drive, Westerville, OH 43082 (the "Company") along with its affiliates and participating retail partners. This is a legal agreement ("Agreement") between you and the Company; please read the Agreement carefully before registering for or becoming a Member of the Site.

Please read these Terms and Conditions carefully. If you do not agree to abide by them, please do not become a Member of the Site.

By clicking on  "I have read and accept the Terms and Conditions of MarriageMasters.com" button on the Sign Up page, you will become a registered user of the Site (a "Member") and you agree to be bound by the terms and conditions of this Agreement, as well as the Terms and Conditions of our partners, for as long as you continue to be a Member. In addition, you agree to be bound by any guidelines or rules posted on any area of the Site.

By accessing the Site or by otherwise accessing content found on the Site, you are deemed to have entered into this Agreement with Mastering LifeSkills Inc. (“we” or “us”) and to have agreed to be bound by the terms and conditions set forth below.

The Terms and Conditions are subject to change by the Company at its sole discretion at any time, with or without notice by updating this posting. Such revised Terms and Conditions will take effect as of the date of the posting.

Please check the “Terms and Conditions” area of this website periodically for changes. Your continued use of this Site or the Service after the posting of changes to this agreement will constitute your acceptance of such changes. The Service is designed for U.S residents and it may not be accessed from any state where it is prohibited by law.

Use of materials or information on or accessible from or through the site.

The Company maintains the Site website to both educate and entertain its members and as a forum for its members to share their ideas and information with each other. You may retrieve and display on your computer screen the information contained on the Site and then print such information and store it for your personal use in electronic or print form, participate in any online courses (if any applicable fees have been paid), participate in bulletin boards, chat rooms, receive newsletters, access third party sites and otherwise avail yourself of the Content and services accessible from or through the Site. In the event you electronically copy or print pages from this website for personal, non-commercial use, you agree to include a copyright notice on each page.

You acknowledge that all Content on the Site (including, but not limited to, images, photographs, illustrations, text, messages, audio and video clips and all other materials) is either the property of Mastering LifeSkills Inc. or its affiliates and partners. Unless you have Mastering LifeSkills Inc.’s prior written permission and, if necessary, the consent of third party providers of Content accessible on or through the Site, you are prohibited from commercially exploiting, selling, disseminating, reproducing, distributing, modifying, displaying, publicly broadcasting, preparing derivative works based on, reposting or otherwise using any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. If permission to do any of these things has been granted to you, you agree to preserve all trade names and marks and all copyright notices.

Special  notice

the site is designed for couples in good relationships and does not include individual marriage therapy or counseling for serious marital problems. We may, however, provide links to marriage professionals who have offered to provide individual services under their own terms and conditions. Any agreement between a Member and any such professional is solely between those parties and the company is not a party to those agreements and does not warrant the effectiveness of those services.

Restrictions on Use

You must be at least 18 years old to become a Member and use the Service. By registering for the Service, you represent and warrant that you are at least 18 years old.

Your account is for your use only. These terms and conditions are personal to you and your rights and obligations under these terms and conditions may not be assigned, sub-licensed or otherwise transferred or in any manner become the rights and obligations of another without our written consent. You may not authorize others to use your account, and you may not assign or in any way transfer your account to any other person or entity.

About Your Submissions

MarriageMasters.com actively seeks a variety of input from its Members. Any creative or original materials or suggestions, messages, ideas, notes, tips, text, software, music, sound, videos, photographs, graphics, drawings, concepts or other information that you submit to us by electronic mail, facsimile or in any other format or means of transmission, will be treated in accordance with these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference.  

Unless you have a written agreement to the contrary, you acknowledge that by submitting and/or posting Content to any area of the Site, you automatically grant, and warrant that you have a right to grant, to the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative works of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known now or developed later. Any Content you transmit or post may be used by the Company or licensed to others by the Company for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasting and posting.

The only exception to this term is content posted or inserted by a Member into the “Photo Album” area in the “Your Corner” section of the site. No right or license is granted and no photo in that area may be used by the Company without prior consent of the Member which may be given by any means of transmission, including facsimile or electronic mail.

If you have a gift registry on our site, you should check it periodically to ensure that it remains accurate and up-to-date.

The Company reserves the right, but has no obligation, to monitor the information Members or professional contributors submit to the Site and the materials Members post in any area of the Site. The Company shall have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement.

Your Password

You will create a password in connection with your use of the Site. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.

Consent to Communications

You understand that if you provide your email address, fax number,  mail address or telephone number to us, you are giving express permission to the receipt of communications by such means from us or on our behalf until such time that you revoke that permission by notifying us in writing.

You Acknowledge and Agree to the Following Rules of Online Conduct

You will only use the Site in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Membership in, and use of, the Site is void where prohibited. To the extent that the Site, or any part of it, is not legal in your jurisdiction, you may not use the Site.

The site is an open forum whose focus is to exchange ideas that can help couples improve their marriage or relationship. We seek a broad diversity of members from all walks of life, ages, backgrounds, occupations, races, religions and ethnic groups. As such, we want to avoid Content that by its very nature can offend our members. You are responsible for your own Content and are responsible for the consequences of your posting such Content. You therefore agree:

Not to post any sexually explicit pictures or images. messages or any other information that contain vulgar, obscene, libelous or defamatory language, or language that could embarrass, harass, intimidate or threaten another member, or derogatory statements about any race, ethnicity, religion, occupation or age group.

Not to act in any manner that negatively impacts the ability of Members to engage in real time exchanges in our chat rooms and not to present yourself as anybody other than yourself in any area of the site or to any other Member.

            Not to post or make available any illegal Content or any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law; any information which violates the regulations of the Securities and Exchange Commission, or that of any securities exchange;  material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others and agree not to disguise the origin of any information you post on the Site.

Not to invade another's privacy and not to collect, store, or post personal data about or       of other Members or any person other than yourself.

Not to post any “junk mail”, “spam”, chain letters, pyramid schemes or any material that contains malicious computer code (including spyware, adware, worms, viruses, etc.).

      Not to solicit Members for any reason on the message boards or chat rooms.

 Violation of any of these rules is grounds for termination of membership        

Site Content

The Site presents tools and relationship tips from Members, the Company and others designed to help you strengthen and enrich your marriage. However, you understand that such tools and relationship tips and all other aspects of the Site, are only suggestions and that the Company and other Members offering tips make no guarantees, either express or implied, regarding the state of your marriage before, during, or after subscribing to the Site. Members will not receive any direct therapy or counseling from any Company employee or any third party affiliated with the Site as part of the program and no human intervention is included in the Service. The Site does not offer therapy, counseling, diagnosis, assessment, treatment or evaluation services. The Service is not a professional marriage therapy service and no marriage counselors or therapists are involved in the interaction of the Service with Members unless specifically identified as such. The Service is not a substitute for professional marriage therapy or counseling. You are urged to consult a licensed marriage therapist or counselor if you or your spouse believe that such services may be beneficial to either of you or to your relationship.

For those couple who feel professional help would be beneficial, the Site does provide links to professionals who do offer marriage, financial and other services and counseling. Members acknowledge that the Company is not a party to any agreement between a Member and such professionals and does not warrant the effectiveness of those services.

You will promptly report to the Company any violation of the Terms of this Agreement by other Members by contacting support@MarriageMasters.com .

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If the Company becomes aware of any communication that allegedly does not conform to these Terms and Conditions, the Company may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication.

Neither the Company, its affiliates nor its partners have any liability or responsibility to you for performance or nonperformance of such activities. The Company reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.

We Link to Others

This Site contains links to other websites (“third party websites” or “affiliates”) which are not under the control of the Company. The Site may contain advertisements by third parties which may contain links to their websites. We provide all these links as a convenience to our Members and we are not responsible for, do not endorse and do not assume legal liability for the content of any advertisements or for the material contained in any linked third party sites. The Company has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via the Site. We ask you to advise us of any third party links which you believe are inappropriate or contain inaccurate information.

Linking to any other pages or sites is at your own risk. You agree that the Company is not liable for any loss or damages you or any third party may suffer in connection with third party pages or sites. We encourage you to read the privacy statements of all such sites, as their policies may be materially different from our Privacy Policy.

Proprietary Rights

The Company owns and hereby retains all proprietary rights in the Site and its Contents. The Site contain copyrighted material, trademarks, and other proprietary information of the Company, its licensors and other third parties. Members may also post information to which they own the copyright and which has copyright protection whether or not it is identified as copyrighted. No rights or licenses are granted hereunder to any Member other than the limited, non-exclusive license to use the Site in accordance with the terms and conditions of this Agreement for their personal use during the term hereof.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of the Company and others. Nothing presented on the Site should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on this website, or any other Content on the Site is illegal and prohibited.

The reproduction, modification, distribution, transmission, republication, display or performance, of the following is prohibited by U.S. and international copyright laws:

All Content on this website, including but not limited to text, graphics, logos, button icons, images, audio clips and video clips. These are the property of the Company or its Content suppliers.

The collection, arrangement and assembly of all Content on this website. This is the exclusive property of the Company.

No Content from the Site including, but not limited to, member names, email addresses, contact information, or personalized information, may be taken from the Site and used for any purpose. Names, email addresses and other contact information from members of the Site may not be used by members, outside vendors or other third parties for purposes of solicitation.

Unsolicited emails to our members or our partners may constitute misrepresentation or misappropriation of the Company’s business name and reputation for which the Company is entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and expenses. It may also violate laws that prohibit unsolicited email.

All software used on this website. This is the property of the Company or its software suppliers.

Copyright Infringement

You agree not to post on the Site materials that are copyrighted, unless you are the copyright owner or have the prior written permission of the copyright owner to post it.

The Company respects the intellectual property rights of others and enforces a policy of terminating in appropriate circumstances the account of any Member who posts infringing material on the Site.

In the event you believe your copyright is being infringed by a Member or the Company, please notify the Company by emailing, faxing or mailing a Notice of Infringement form to:

 
Brian Downey

Frost Brown Todd
One Columbus - Suite 2300

10 West Broad Street
Columbus, OH43215-3467

Tel: (614) 464-1211
Fax: (614) 464-1737
Email: BDdowney@fbtlaw.com  

No Warranty of Any Kind

Your use of the Site is at your own risk. It is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the functional aspects of the website will be uninterrupted or error free or that this website or the server that makes it available are free of viruses or other harmful components.

The Company controls the Site from its headquarters in Westerville, Ohio, United States of America, and makes no representation that the material on the website is appropriate or available for use in other locations. If you use this website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries.

The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material contained on the Site, or about its software, text, graphics, and links, or results obtained from using the Site. No representation is made about the quality of any product, services, information or other material purchased or obtained by you via use of the Site. The Company does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties.

Without limiting the foregoing, be aware that some jurisdictions may not allow the exclusion of implied warranties and consequently, some of the above exclusions may not apply to you.

Limitation of Liability

In no event will the Company be liable for direct, indirect, punitive, special or consequential damages to you resulting from or related to your use of, or inability to use, the Site or any information on or accessible from or through the Site, including without limitation intangible damages or damages arising out of or related to reliance on information available on the Site, even if we have been advised of the possibility that such damages may arise. 

The Company reserves the right to correct any errors on this website, including pricing errors (in which case you will be given the option to cancel your order). If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, the Company is not responsible for those costs.

You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. A delay or omission on the part of either you or us in requiring the performance of the other will not result in or cause the waiver of any right.  

Indemnification

You agree to defend, indemnify and hold harmless the Company and its officers, employees, agents and contractors, from and against any claim, action or demand including reasonable attorney and accounting fees relating to or arising from your use of the Site or its Content or your breach of any of these Terms and Conditions.

If We Disagree

You and we agree that any claim, dispute or controversy between us or any claim made by either of us against the other or our employees, agents, contractors or assigns and any claim arising from or relating to the Site, including the applicability of this arbitration clause and the validity of these terms and conditions, shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association. Each such arbitration shall be conducted in the City of Columbus, Ohio, and any award may be interpreted and enforced by any court of competent jurisdiction located in Columbus, Ohio. The terms and conditions of this Agreement, including without limitation this arbitration provision, shall be interpreted by and the arbitrators shall apply the laws of the State of Ohio. 

You and we understand that each of us would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide the case, but each of you and we acknowledges that we have chosen to have any disputes decided through arbitration.

Termination

Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party by email or any other form of transmission. You agree that the Company may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of the Company or any third party. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that any fee then paid to the Company by you shall be nonrefundable and all outstanding or pending payments shall immediately be due and payable.

You agree that the Company may modify or discontinue this website, with or without notice to you and agree that the Company is not liable to you or any third party as a result of such modification or discontinuation.

The provisions entitled “Use of materials or information on or accessible from or through the site”, “Important information about your submissions”, "Disclaimer," "Limitation of liability”, "Indemnification”, "General Provisions," "Trademarks" and "Copyright" will survive termination of this Agreement to use the Site.

No Other Agreement

These terms and conditions constitute the entire agreement between you and us with respect to the subject matter contained herein and supersede any and all other agreements, communication (written or oral) between you and us.  We may amend these terms and conditions or impose new conditions at any time with or without notice published on the Site. Any use of the Site by you after such notice shall be deemed to constitute your acceptance of such amendments, modifications or new conditions.

It is understood and agreed that if any provision of these terms and conditions is held by a court to be illegal or in conflict with any law of the State of Ohio, the validity of the remaining provisions shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if these terms and conditions did not contain the provision held invalid.

The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. The printed version of these terms and conditions and any notice or amendment given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

General Provisions

If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to theSite must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site or our Content will be instituted in a state or federal court in Columbus,Ohio and you hereby agree to submit to the personal jurisdiction of such courts.

Effective Date

The effective date of this version of the Terms and Conditions is June 30, 2006.