Terms of Service

Acceptance of Terms of Service

These Terms of Service govern your use of all websites published by Experience Publishing, Inc. ("Experience Publishing"). By using, visiting, or browsing Experience Publishing's websites, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use Experience Publishing's websites.

Changes to Terms of Service

Experience Publishing reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole discretion. The most current version of these Terms of Service is posted on the site, and can be reviewed by clicking on the "Terms of Service" link located at the bottom of most of the sites' pages. The most current version of the Terms of Service will supersede all previous versions. Your use of the Experience Publishing websites after changes are made means that you agree to be bound by such changes.

Privacy

Any information submitted on Experience Publishing's websites is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy for complete details.

Membership and Billing

• Billing
  
  As a subscriber to an Experience Publishing product, you agree that we are permitted to charge or debit, as applicable, your subscription fees and any applicable tax or other charges you may incur in connection with your use of Experience Publishing's services. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and at the beginning of each billing period thereafter unless and until you cancel. You shall be responsible for all charges incurred through Customer Support as well as for paying any applicable taxes. In the website's Customer Support section, visit the View Subscription Terms page to see the commencement date for your next renewal period. We will automatically bill your Payment Method for each billing period on the calendar day corresponding to the commencement of your membership. We reserve the right to change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking in the Customer Support section of the website, available at the top of the pages of Experience Publishing's websites.
  
  
• Automatic Renewals
  
  Your Experience Publishing subscription will be automatically renewed from billing period to billing period at the then-current rate. The billing period is explicitly described in the Customer Support section of the site, along with other relevant offer terms. For your convenience, we will bill your subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change Customer Support information). Your membership will automatically renew for successive period subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your Payment Method. You agree that Experience Publishing will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
  
  Your right to use an Experience Publishing product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all Experience Publishing obligations hereunder. You are required to pay any amounts still owed to us at the time Customer Support is suspended or terminated. Terminations are not retroactive. If you have an outstanding balance due on any Experience Publishing account, you hereby agree that Experience Publishing may charge these unpaid fees to your credit card.
  
  
• Cancellation
  
  As noted above, you may cancel your subscription to any Experience Publishing website at any time. To cancel, click the "View Your Subscription Terms" link in the "Customer Support" section of the site. The link to cancel is available in the "General Program Information" area. We do not provide credits or refunds for any partial subscription billing periods.

Account Access

Experience Publishing works to make your online experience as customized and personalized as practical. In order to provide you with ease of access to Customer Support, Experience Publishing will place a cookie (a small text file) on any computer from which you access Experience Publishing's websites. When you revisit Experience Publishing's websites, this cookie will enable us to recognize you. This allows Experience Publishing to automatically determine Customer Support access privileges while allowing you to navigate the websites without having to repeatedly log in. It also helps us understand and meet your interests and needs; allow tracking and authentication of your use of the message boards; and more accurately collect other information, such as survey data. You are responsible for maintaining the confidentiality of Customer Support and password and for restricting access to your computer.

Disclaimers of Warranties and Limitations on Liability

Experience Publishing's websites and its contents are provided "as is" and we make no representations or warranties of any kind with respect to Experience Publishing's websites or its contents. We assume no liability or responsibility for any errors or omissions in the content of Experience Publishing's websites, any interruptions, failures, or delays in the delivery of any content contained on Experience Publishing's websites, any losses or damages arising from the use of the content provided on Experience Publishing's websites, or any conduct by users of Experience Publishing's websites. We disclaim all representations and warranties, including, for example, non-infringement, warranties of merchantability, and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via our sites is accurate, complete or current.

In no event shall Experience Publishing, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold Experience Publishing and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Experience Publishing or post on message boards infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This indemnification shall survive in the event this agreement is terminated for any reason.

Acknowledgements

With regard to Experience Publishing's websites, you acknowledge and agree that you will not:

• delete any legal notices, author attributions, or proprietary designations or labels on any part of the site;
• copy or otherwise re-create the source code, reproduce, publish, distribute, transmit, display, license, create derivative works from, transfer or sell any information, software, products or services obtained through the websites;
• transmit any content that is harmful, threatening, unlawful, or otherwise objectionable which may invade another's right of privacy or publicity;
• post or transmit any material that contains a virus or corrupted data;
• impersonate any person or entity, including, without limitation, an Experience Publishing entity; or falsely state or otherwise misrepresent your affiliation with such a person or entity;
• use any of the websites' features in a manner that limits availability of resources to other users (e.g., monopolizing the message boards);
• delete or revise any material posted by someone else;
• viii. violate any applicable local, state, national or international law;
• submit or publish any material that infringes on patent, trademark, trade secret, copyright or other proprietary rights of any party;
• register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Experience Publishing website if you are not expressly authorized by such party to do so; or
• use the websites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the websites in any manner that could damage, disable, overburden or impair Experience Publishing's servers or networks, or interfere with any other user's use and enjoyment of the websites. Furthermore, you may not attempt to gain unauthorized access to any of the accounts, computer systems or networks connected to Experience Publishing through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through websites.

Message Boards

Experience Publishing websites include message boards and other community features. Experience Publishing reserves the right to monitor any content or postings on the message boards (and other community features), but has no obligation whatsoever to do so. We also reserve the right to alter, edit or refuse to post or remove any postings or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Experience Publishing or its designated agents may remove or alter any user-created content at any time for any reason. Message boards and the other public forums are provided to support the subscription services offered. They are intended for users and subscribers. Experience Publishing staff may post material and information on these public areas. Experience Publishing expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Experience Publishing or any of its subsidiaries or affiliates.

Third Party Content

In general, the content available on the Experience Publishing websites is supplied by users and third parties. As such, Experience Publishing distributes content without editorial control (as does a bookstore or library). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Experience Publishing. Neither Experience Publishing nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Experience Publishing neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorized Experience Publishing representative while acting in an official capacity.

Accounts, Passwords and Security

If any of the Experience Publishing websites require you to open an account, you must complete the registration process by providing Experience Publishing with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Experience Publishing which is untrue, inaccurate, not current or incomplete, Experience Publishing reserves the right to terminate this Agreement and your continued access and use of the websites.

As part of the registration process, you will be asked to select a password. You are entirely responsible for maintaining the security and confidentiality of Customer Support and password. Further, you are entirely responsive for any and conduct through Customer Support, whether by you or someone else. You agree to notify Experience Publishing immediately of any unauthorized use of Customer Support or any other breach of security. Experience Publishing 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 may be held liable for any losses incurred by Experience Publishing or another party due to someone else using Customer Support or password.

• Copyright
  
  The compilation of all content on this site is the exclusive property of Experience Publishing and protected by U.S. and international copyright laws. All content included on Experience Publishing's websites, including text, graphics, photographs, button icons, images, audio/video clips, logos, designs, digital downloads, data compilations, and software, is the property of Experience Publishing or its suppliers and is protected by United States and international copyright laws. They should not be reproduced or used without express written permission from Experience Publishing.
  
  
• Trademarks
  
  Experience Publishing and The Great Marriage Tune Up Online are pending status as registered trademarks of Experience Publishing. Experience Publishing.com is also pending status as a trademark of Experience Publishing. All Experience Publishing logos, graphics, button icons, scripts, page headers, and service names are now or are pending status as trademarks or trade dress of Experience Publishing. Experience Publishing's trademarks, pending trademarks, and trade dress may not be used in connection with any product or service that is not Experience Publishing's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Experience Publishing. All other trademarks not owned by Experience Publishing that appear on Experience Publishing's websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Experience Publishing. Any images of persons or personalities contained on Experience Publishing's websites shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Use of Information Submitted

Experience Publishing is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to Experience Publishing, including, without limitation, responses to questionnaires or through postings to Experience Publishing's websites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Experience Publishing's websites or other websites. In addition, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall Experience Publishing have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submitted Materials upon the occurrence of a transfer of all or any portion of Experience Publishing's business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers.

You acknowledge and agree that the websites contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Experience Publishing or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Experience Publishing or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

None of the Submitted Materials disclosed or posted via community boards or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Experience Publishing's part and we shall not be liable for any use or disclosure of any such Submitted Materials.

Disclaimer of Liability

GROWING A BUSINESS IS A RISKY ENDEAVOR REQUIRING SKILL AND HARD WORK. THERE ARE NO GUARANTEES OF SUCCESS. NEITHER EXPERIENCE PUBLISHING NOR ANDREW NEITLICH MAKE ANY WARRANTIES, PROMISES, OR GUARANTEES ABOUT SPECIFIC FINANCIAL OR BUSINESS GOALS THAT THIS PROGRAM WILL ACHIEVE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND EXPERIENCE PUBLISHING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.

FURTHER, EXPERIENCE PUBLISHING'S WEBSITES DO NOT PROVIDE COUNSELING OR MEDICAL ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF COUNSELING OR MEDICAL CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF COUNSELING AND MEDICINE INCLUDES, BUT IS NOT LIMITED TO, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE CONTINUOUSLY BEING DEVELOPED AND EXPERIENCE PUBLISHING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.

You have the responsibility to check with applicable laws in your jurisdiction regarding whether the approaches we suggest meet legal or licensing requirements, or standards, in your jurisdiction.

Your Conduct on Experience Publishing's Websites

By accessing Experience Publishing's websites, you agree not to upload, post, email or otherwise send or transmit any 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 associated with Experience Publishing's websites. You also agree not to interfere with the servers or networks connected to Experience Publishing's websites or to violate any of the procedures, policies or regulations of networks connected to Experience Publishing's websites, the terms of which are incorporated herein. You further agree not to impersonate any other person while using Experience Publishing's websites, conduct yourself in a vulgar or offensive manner while using our service, or use Experience Publishing's websites for any unlawful purpose.

Limitations on Use

You must be 13 years of age or older to use Experience Publishing's service. Unless otherwise specified in writing, the content on Experience Publishing's websites is for your personal and non-commercial use and we grant you a limited license to access Experience Publishing's websites for that purpose. Without our express written consent, you may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, Experience Publishing's websites. Any unauthorized use of Experience Publishing's websites or its contents will terminate the limited license granted by us.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links

Some of the links on Experience Publishing's websites may lead to other websites that are not controlled by, or affiliated with, Experience Publishing. In addition, other websites may link to Experience Publishing's websites. Experience Publishing has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

Contact

If you have questions concerning Customer Support, please contact Customer Service. If you have questions concerning this privacy policy, please contact Terms@ExperiencePublishing.com .

General Information

This Agreement and the relationship between you and Experience Publishing shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions. You and Experience Publishing irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Fairfield, in the State of Connecticut, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Experience Publishing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Experience Publishing of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Update posted: March, 2006