The ComingCleanToday.com website ("ThoughtWheel Website") is owned, operated, and maintained by ThoughtWheel, LLC, located in Morehead, Kentucky ("ThoughtWheel").
ACCEPTANCE OF TERMS
The ThoughtWheel Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the ThoughtWheel Website, constitutes your agreement to all such terms, conditions, and notices. If you do not agree to be bound by the terms and conditions, promptly exit this site.
ThoughtWheel reserves the right to change the terms, conditions, and notices concerning use of the ThoughtWheel Website without notice. You are responsible for regularly reviewing these terms and conditions posted on other sections of the ThoughtWheel Website. Your continued use of the ThoughtWheel Website constitutes your agreement to all such terms, conditions, and notices.
SITE LICENSE AND ACCESS
ThoughtWheel grants you a limited license to access and make personal use of this site. Unless otherwise specified, the ThoughtWheel Website is for your personal and non-commercial use. You may not download, modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information or any portion of the ThoughtWheel Website without the express written consent of ThoughtWheel. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ThoughtWheel and/or its affiliates without express written consent of ThoughtWheel. You may not use any meta tags or any other "hidden text" utilizing ThoughtWheel's name or trademarks without the express written consent of ThoughtWheel. Any unauthorized use terminates the permission or license granted by ThoughtWheel.
You may not create a link to the ThoughtWheel Website without express written permission of ThoughtWheel. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the ThoughtWheel Website ([www.ComingCleanToday.com]) so long as the link does not portray ThoughtWheel, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ThoughtWheel logo or other proprietary graphic or trademark as part of the link without express written permission of ThoughtWheel.
ThoughtWheel reserves the right, in its sole discretion, to terminate or limit your access to any or all of the ThoughtWheel Website or any portion thereof at any time, without notice.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ThoughtWheel Website, you will not use the ThoughtWheel Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ThoughtWheel Website in any manner which could damage, disable, overburden, or impair the ThoughtWheel Website (or the network(s) connected to the ThoughtWheel Website) or interfere with any other party's use and enjoyment of the ThoughtWheel Website.
USE OF SERVICES
The ThoughtWheel Website may contain e-mail services, bulletin board services, chat areas, new groups, forums, communities and/or other message or communication facilitates designed to enable you to communicate with other ThoughtWheel Website users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Furthermore, the ThoughtWheel Website does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to the ThoughtWheel Website, either through Communication Services or otherwise, shall be deemed to be readily accessible to the ThoughtWheel Website subscribers. Visitors should not use the Communication Services or any other means available on the site/service(s) to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into the ThoughtWheel Website can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any inappropriate, defamatory, infringing, obscene, or unlawful topic, name, material or information.
Publish, post, distribute or disseminate any material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Advertise or offer to sell or buy any goods or services for any business purposes, unless such Communication Services specifically allows such messages.
Download, view, print, or in any way retrieve any information posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the submitted material.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Violate any applicable laws or regulations.
Harvest or otherwise collect information about others, including e-mail addresses.
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ThoughtWheel has no obligation to monitor the content of the Communication Services. However, ThoughtWheel reserves the right to review materials submitted to a Communication Service and to refuse to post or remove any materials which, in ThoughtWheel's sole discretion, are considered improper. ThoughtWheel reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Materials submitted to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you view, print, or download the materials.
ThoughtWheel reserves the right at all times to disclose any information as ThoughtWheel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ThoughtWheel's sole discretion.
MATERIALS PROVIDED TO ThoughtWheel
As indicated in USE OF SERVICES above, ThoughtWheel does not exert any control over, does not monitor, and does not claim any ownership interest in the materials you submit to ThoughtWheel or post or submit to the ThoughtWheel Website (each a "Submission" and collectively "Submissions").
By submitting your Submission to ThoughtWheel or by posting, uploading, inputting, or providing your Submission to the ThoughtWheel Website, you are granting ThoughtWheel, its affiliated companies, successors, assigns and other necessary and/or proper third parties permission an irrevocable continuing right to perform any procedures and/or processes necessary and/or proper to the Submission in connection with the operation of ThoughtWheel's business operations including, without limitation, the rights to: copy, distribute, transmit, reproduce, make derivative works from and/or reformat your Submission.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.
INFORMATION PROVIDED BY ThoughtWheel
ThoughtWheel provides this Website for educational purposes only. The information provided in this Website is not intended, in any way, as a substitute for professional medical advice. Always seek the advice and follow the treatment recommendations of your physician or other professional healthcare provider.
ALL INFORMATION IS PROVIDED FREE AND "AS IS." ThoughtWheel DOES NOT MAKE EXPRESS OR IMPLIED WARRANTIES OR ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER LAW, ThoughtWheel DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to assume the risk of accessing and using this Website and the information provided. ThoughtWheel shall not be responsible, in any way, to you or others arising from the use or failure to use the information provided by this Website. ThoughtWheel and its affiliates do not guarantee the information provided in this Website, and is not responsible for errors or omissions in the information provided in this Website. ThoughtWheel assumes no responsibility, and shall not be liable, for any damages arising out of your use of the Website or linked Websites, including but not limited to damages to your computer resulting from viruses. Your only remedy is to stop using this Website.
TRADEMARKS
All trademarks and trade dress that appear on the ThoughtWheel Website ("Trademarks") are trademarks/trade dress or registered trademarks/trade dress of ThoughtWheel(unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.
The Trademarks are valuable assets of ThoughtWheel and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to ThoughtWheel and, as such, may only by used by ThoughtWheel or other authorized persons or entities for the benefit of ThoughtWheel and only in connection with the products and services authorized by ThoughtWheel. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits ThoughtWheel, its affiliates, subsidiaries or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of ThoughtWheel. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
COPYRIGHT
All content that is made available to view and/or download in connection with the ThoughtWheel Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations ("Content"), is owned by and is the copyrighted work of ThoughtWheel and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the ThoughtWheel Website is the exclusive property of ThoughtWheel and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of ThoughtWheel and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.
Send notifications to:
L. Daniel Liutikas, Esq.
Much Shelist Freed Denenberg Ament & Rubenstein, P.C.
191 N. Wacker Avenue, Suite 1800
Chicago, Illinois 60606
Fax: 312-521-2324
dliutikas@muchshelist.com
LINKS TO THIRD PARTY SITES
The ThoughtWheel Website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of ThoughtWheel and ThoughtWheel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ThoughtWheel is not responsible for web casting or any other form of transmission received from any Linked Site nor is ThoughtWheel responsible if the Linked Site is not working appropriately. ThoughtWheel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ThoughtWheel of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.
CUSTOMER ACCOUNT AND PASSWORD
You will be assigned a unique user identification and password ("Password"). The correct Password allows you to access your personal account ("Account"). You may not disseminate your Password to any other person or entity. You are entirely responsible for any and all activities that occur under your Account. You agree to notify ThoughtWheel immediately of any unauthorized use of your Account or any other breach of security. ThoughtWheel will not be liable for any loss that you may incur as a result of someone else using your Password or Account, either with or without your knowledge. However, you will be held liable for losses incurred by ThoughtWheel or another party due to someone else using your Account or Password. You may not use anyone else's Account at any time without the permission of the Account holder.
It is your responsibility to enter and maintain a valid email address in your account profile. The ThoughtWheel Website communicates primarily with you via email, which includes but is not limited to confirmations, auto-renewal reminders, login reminders, and changes in service. ThoughtWheel is not responsible for outdated or invalid email address or Spam filters put in place by you, someone on your behalf, by your internet service provider or any other means, which prevents successful transmission of important information. [Email addresses can be updated by clicking "My Profile" at the top of any Service page upon successful login.]
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ThoughtWheel WEBSITE IS NEITHER INTENDED TO REPRESENT NOR SERVE AS A SUBSTITUTE FOR ANY MODALITY OF THERAPY.
THE ThoughtWheel WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ThoughtWheel WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
ThoughtWheel, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE ThoughtWheel WEBSITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE ThoughtWheel WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ThoughtWheel WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE ThoughtWheel WEBSITE AND/OR THOSE SERVICES.
Although ThoughtWheel attempts to ensure the integrity and accurateness of the ThoughtWheel Website, it makes no guarantees whatsoever as to the correctness or accuracy of the ThoughtWheel Website. It is possible that the ThoughtWheel Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the ThoughtWheel Website by third parties. In the event that an inaccuracy arises, please inform ThoughtWheel so that it can be corrected. Information contained on the ThoughtWheel Website may be changed or updated without notice.
INDEMNIFICATION
You agree to indemnify and hold ThoughtWheel, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the ThoughtWheel Website and/or any information (text or graphical), software, or products obtained through the ThoughtWheel Website and/or from ThoughtWheel.
APPLICABLE LAW
All disputes against ThoughtWheel, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; ThoughtWheel's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Kentucky, U.S.A. and shall be submitted to a state or federal court in the State of Illinois, including but not limited to the courts in Rowan County, Kentucky, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the ThoughtWheel Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ThoughtWheel with respect to the ThoughtWheel Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ThoughtWheel with respect to the ThoughtWheel Website.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Terms@ComingCleanToday.com
