1. Copyright. The data and materials on the Site and those in its Classes, including without limitation the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation (collectively, the “Content”) are the intellectual property of Crosspulse and Keith Terry, their licensors and suppliers. The Content is protected by copyright and other intellectual laws and all ownership rights remain with Crosspulse and Keith Terry, their licensors or suppliers, as the case may be. Crosspulse and Keith Terry reserve all rights not expressly granted in and to the Site and the Content. Neither your access to and use of the Site nor these Terms grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the copyright owner(s).
2. Trademarks. Crosspulse® and Body Music® and the other trademarks contained on the Site are the property of Crosspulse and Keith Terry or their licensors.
4. Subscribers. Access to some portions of the Site require you to become a subscriber and agree to the terms of an End User License Agreement.
5. Submissions. Any communication or material you transmit to the Site by electronic mail or otherwise, and your participation in Site Classes through tele-video or otherwise, excluding personally identifiable information about yourself, including, but not limited to any questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary by Crosspulse and Keith Terry. By sharing such communications, you automatically grant Crosspulse and Keith Terry a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such material(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything you transmit or share may be used by Crosspulse and Keith Terry for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products or services using such information.
6. Crosspulse and Keith Terry respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or other material on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Crosspulse and Keith Terry’s designated copyright agent to receive notifications of claimed infringement is:
BOGATIN, CORMAN & GOLD
428 13th St., Suite 800
Oakland, CA 94612
7. Disclaimer. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE SITE OR THAT YOUR ACCESS TO OR YOUR USE OF THE SITE OR YOUR PARTICIPATION IN CLASSES PRESENTED BY OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. CROSSPULSE AND KEITH TERRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND THE CLASSES AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CROSSPULSE AND KEITH TERRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF CROSSPULSE AND KEITH TERRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
8. Limitation of Liability. IN NO EVENT WILL CROSSPULSE AND KEITH TERRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE AND RELATED CLASSES; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE OR CLASS TELE-VIDEO); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN ANY RELATED CLASS, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR TELE-VIDEO BY ANY THIRD PARTY.
CROSSPULSE AND KEITH TERRY RESERVE THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SITE OR THE CONTENT ON THE SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CROSSPULSE AND KEITH TERRY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CROSSPULSE AND KEITH TERRY’S, ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT CROSSPULSE AND KEITH TERRY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Communications with this Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Crosspulse will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any communication or material you transmit to the Site by email or share in a Class, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Crosspulse and Keith Terry cannot prevent the “harvesting” of information from this Site, and you may be contacted by Crosspulse and Keith Terry or unrelated third parties, by email or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Crosspulse and Keith Terry, may or may not be posted to this Site at the sole discretion of Crosspulse and Keith Terry and may be used by Crosspulse and Keith Terry or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Crosspulse and Keith Terry are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or share in a Class for any purpose whatsoever including, but not limited to, developing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site or in the course of a Class, you accept that it will not be treated as confidential and may be used by Crosspulse and Keith Terry without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although Crosspulse and Keith Terry may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Crosspulse and Keith Terry is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Crosspulse and Keith Terry assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
14. Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.