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PD SUCCESS.COM

TERMS OF USE

Welcome to PD SUCCESS.com (the "Site"). This Site is comprised of various Web pages owned and operated by Positive Discipline and Positive Discipline Success or its affiliates (collectively "PDS", "we" or "us") for your ("you" or "your") personal and business use. Your submission of information to, and access and use of, this Site is subject to the terms and conditions of the terms of use set forth below ("Terms of Use"). The Terms of Use govern your use of the Site and all services related to it. By submitting information to and/or accessing and browsing this Site you accept and agree to abide by, without limitation or qualification, the Terms of Use. If you do not agree to be bound by the Terms of Use, do not use this Site.

INTERNET TECHNOLOGY AND THE APPLICABLE LAW, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, PDS RESERVES THE RIGHT TO MODIFY, ALTER OR OTHERWISE UPDATE THE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF THE SITE WILL INDICATE YOUR ACCEPTANCE OF THESE MODIFIED TERMS OF USE.

THIS SITE IS OWNED, CONTROLLED AND OPERATED BY PDS SOLELY FOR PERSONAL AND BUSINESS PURPOSES.

1. Privacy Policy. PDS’ use, and/or disclosure, of information or related data which we may collect from, or about, you shall be governed by our Privacy Policy, which is posted on the Site and incorporated herein by reference. PDS reserves the right to amend, or revise, its Privacy Policy from time to time, in its sole discretion. Please review the Privacy Policy and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

2. Accounts. You agree that you are responsible for maintaining the confidentiality of information related to your account, including login and password information, and for restricting access to your computer. You agree to accept responsibility for all activities conducted at the Site by persons using your Account information.

You will not use this Site for any illegal purpose or in violation of any applicable laws or regulations, nor will you engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.

Minors are not permitted to create Accounts at the Site. You shall not post on the Web Service any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Web Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Web Service for any commercial purpose not expressly approved by PDS, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.

PDS does not and cannot review the content posted by users on the Web Service and is not responsible for such content. However, PDS reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. PDS shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

3. Other Use of the Site. You acknowledge that the Web site contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of PDS or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the content for commercial use must obtain prior express written permission of PDS.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Web Service any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to PDS the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of PDS. "Free" content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and "free" content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of PDS or the owners of such content or their authorized persons if other than PDS.

You will not use this Site for any illegal purpose or in violation of any applicable laws or regulations, nor will you engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.

4. Password or Login Information. You are solely responsible for managing any password or other login information that you may use on the Site. You agree that you are responsible for all activities conducted at the Site by any persons using your Account information.

5. Copyrights. All of the material on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, is protected by copyrights which are owned and controlled by PDS, by third parties who have licensed their material to PDS, or by advertisers on PD SUCCESS.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without the express written permission of PDS. All contents of the Site are copyrighted under: Copyright © 2008 by PD Success.com All Rights Reserved.

6. Trademarks. Positive Discipline.com and PD Success.com™, are trademarks and service marks of Positive Discipline Success. LLC.

7. License and Site Access. PDS grants you a limited license to access and use this Site purely for personal and business purposes. You may not use the Site for any other purpose. You may not download (other than page caching) or modify the Site, or any portion of it, except with the express written consent of PDS. This license does not include, and on the contrary specifically prohibits: any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant or service provider; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site, nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of PDS. 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 PDS and its affiliates without the express written consent of PDS. You may not use any meta-tags or any other "hidden text" utilizing PDS' name or trademarks without the express written consent of PDS. Any unauthorized use terminates all permissions and licenses granted to you by PDS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, PDS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. For linking to any other page within the Site other than the home page, you must obtain the prior written consent of PDS. You may not use any PDS logo or other proprietary graphic or trademark as part of the link without PDS' express written permission.

8. Submission of Information. PDS reserves the right to refuse service, deactivate Accounts, remove Accounts, and remove or edit content. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of PDS, and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, sale, license, and posting. Please review our privacy policy for additional information.

9. Use of Information. This Site contains information which may be derived in whole or in part from materials and information supplied by our users and other sources. While the Site is for personal and business purposes only, and therefore the materials and information on the Site should be treated accordingly, PDS makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information contained on this Site, which is subject to deletion, addition and change at any time without notice from PDS. PDS does not ensure the accuracy of, nor endorse or recommend, any information contained on this Site and your use of any such information is at your own risk. The information contained on this Site cannot be considered complete and PDS undertakes no commitment to update the information contained on this Site within a particular period of time. It is the responsibility of each user of any portion of the Site to ascertain the accuracy of any information before entering into any commitment (financial or otherwise) or undertaking any course of action based upon the information contained on this Site.

10. Disclaimer of Warranties. ALL OF THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. PDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS SITE, ITS CONTENTS OR ITS SERVICES.

11. Limitation of Liability. IN NO EVENT SHALL PDS OR ITS AFFILIATES BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, USERS, PERSONS OR ENTITIES WHO MAY SUBMIT INFORMATION TO, USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. FURTHER, PDS SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES THAT HAVE SUBMITTED INFORMATION TO, OR POSTED INFORMATION ON, THIS SITE OR FOR ANY INFORMATION SUBMITTED TO, OR POSTED ON, THIS SITE BY SUCH PARTIES. PDS SHALL NOT BE LIABLE FOR ANY TORTS, INTENTIONAL OR OTHERWISE, CAUSED BY USERS OR ANY OTHER PERSON OR ENTITY USING THIS SITE. THIS PROVISION SHALL SURVIVE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU ARE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE OR THE SERVICES OF PDS.

12. Third Party Sites. As a convenience to users, PD SUCCESS. com may provide links on the Site to web sites maintained by others. PDS has not reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. PDS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by PDS of the site or any association with the site's owners or operators. Your use of such third party Web sites is subject to the terms and conditions of use and the privacy policies of such Web sites.

13. Indemnification. Each user of this Site agrees to indemnify, defend and hold PDS harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or resulting from (a) such user's breach of any provision of these Terms of Use, (b) such user's negligence, recklessness, or willful misconduct, or (c) a claim that information submitted to this Site infringes the intellectual property or proprietary rights of a third party.

14. Term and Termination. These Terms of Use are effective until terminated by either you or PDS. PDS may terminate your use at any time by prohibiting you from accessing the Site, by notifying you via e-mail, or by any other means. You may terminate the Terms of Use at any time by discontinuing your use of this Site and destroying all materials obtained from it. The provisions contained under the headings Copyrights, Trademarks, Disclaimer of Warranties, Limitation of Liability, Indemnification, Term and Termination, and General shall survive any such termination.

15. Dispute Resolution. Any controversy, claim or dispute arising out of or relating to your use of the PD SUCCESS.com site or service, shall be settled solely and exclusively by binding arbitration in San Diego County, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of American Arbitration Association ("AAA"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by AAA; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the AAA's rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing of an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

16. Consent to Electronic Communications. You consent to receive communications from us about your use of the Site electronically, either by e-mail or by notices posted on this Site. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication.

17. General. This Site is controlled and operated by PDS from its offices within the State of California, United States of America. PDS makes no representation that the materials or information on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of California. Any action you, any third party, or PDS brings to enforce these Terms of Use or in connection with any matters relating to this Site may be brought only in either the state or federal courts located in San Diego County, California, which courts shall be the exclusive venue for judicial proceedings, and you expressly consent to the jurisdiction and venue of said courts. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement and understanding between you and PDS and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.