Terms & Conditions
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual
using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
5. THEDTOSYSTEM.COM’S ROLE; THEDTOSYSTEM.COM DOES NOT PROVIDE MEDICAL ADVICE
Jonathan shaw is not a licensed health professional and offer the Services on this Website as personal performance coaches. Please consult qualified health practitioners regarding your use of anything on this website. All Services are in the experimental stage and thus practitioners and You must take complete responsibility for Your use the both the Services and the Website.
Without limitation, You agree that thedtosystem.com is merely a third-party platform and You use the thedtosystem.com Website and Services at Your own risk, without limitation and pursuant to Section 8: ASSUMPTION OF RISK; RELEASE. Any materials available on the Website, including audiovisual content or text, accessible via the Website or otherwise provided via phone, Skype, short-message service or otherwise, is for educational value, and does not hold itself as medical therapy or the legal equivalent thereto.
The Website and Services are not in any way designed to substitute for professional medical advice, including diagnosis or treatment. Should you have or believe you have any medical condition, seek the advice of a qualified physician or health provider. Never delay seeking professional medical advice because of something you have read on this Website.
thedtosystem.com expressly disclaims any legal liability whatsoever to third parties who do not access the Website and Services through the web address <http://www.thedtosystem.com>.
thedtosystem.com’s role is limited because thedtosystem.com has limited involvement in peer-reviewed medical research. Without limitation, thedtosystem.com does not guarantee any medical results whatsoever. For additional information, please carefully review Section 22: DISCLAIMERS; LIMITATION OF LIABILITY.
Subject to Your compliance with the terms and conditions of this Agreement, thedtosystem.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the express written consent of thedtosystem.com. All rights not expressly granted herein are reserved by thedtosystem.com. Without limitation, this Agreement grants You no rights in or to the intellectual property of thedtosystem.com or any other party, except as expressly set forth herein. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate in the event that You breach, actually or potentially in the sole judgment of EmoFree.com, any provision of this Agreement.
7. NO RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. thedtosystem.com does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Website and Services. Under no circumstances will thedtosystem.com be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party.
This website, along with Google Adsense, exercises the common practice of applying small snippets of code known as cookies to the computer systems of website visitors to help identify, customize and serve ad content on this website. As a visitor, you recognize and consent to this practice.
8. ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY THEDTOSYSTEM.COM AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “THEDTOSYSTEM.COM PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES,SPECIFICALLY INCLUDING THOSE OF JONATHAN SHAW.
9. USER INFORMATION; PASSWORD PROTECTION
To access and/or use the Website and use the Services, You may be asked to provide certain registration details or other information. You represent and warrant that all user information You provide in connection with Your use of the Website and Services will be current, complete, and accurate.
You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the security of Your password and account information, and to only use the same by providing your account information to authorized, trusted third parties. You may not use the account, user name, or password of any other member at any time. thedtosystem.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You agree to notify thedtosystem.com immediately of any unauthorized use of Your account, user name, or password. You may be held liable for any losses incurred by thedtosystem.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your
account or password, including if your decision to share your account information results in unauthorized access to your personal and/or account information.
10. YOUR INTERACTIONS WITH OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER THEDTOSYSTEM.COM USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT THEDTOSYSTEM.COM HAS NOT, AND DOES NOT, IN ANY WAY GUARANTEE THAT IT WILL: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER OR USERS IN PERSON. THEDTOSYSTEM.COM DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL THEDTOSYSTEM.COM BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN CONNECTION WITH SUCH USER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
11. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM THEDTOSYSTEM.COM
Without limitation, by registering for the Website and/or Services and/or by providing your name, email, postal or residential address, and/or phone number through the Website or Services, you hereby expressly consent to receive electronic and other communications from thedtosystem.com, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications, regarding the Website and/or Services, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication
12. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM THEDTOSYSTEM.COM USERS
Without limitation, by registering for the Website and/or Services and/or by providing your name, email, postal or residential address, and/or phone number through the Website or Services, you hereby consent to receive electronic communications, including email, short-message service (“SMS”) messages, instant messages, video conferencing, and other personal messages from other users of the Website and Services.
13. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM THEDTOSYSTEM.COM PARTNER MARKETERS
Without limitation, by registering for the Website and/or Services and/or by providing your name, email, postal or residential address, and/or phone number through the Website or Services, you hereby consent to receive, and openly and knowingly solicit, electronic communications, including email and SMS communications, from thedtosystem.com partner firms which may include third
party marketing companies, affiliates, advertising agencies, and data aggregation companies regarding their services, including offers, promotions, and other related matters. You may opt- out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication.
14. RESERVED RIGHTS FOR THEDTOSYSTEM.COM FEES
(a) Reserved Rights for thedtosystem.com’s Fees
You acknowledge and agree that thedtosystem.com reserves the right to charge for access to the Website and use of the Services, in accordance with the thedtosystem.com Fee Policy specified in Subsection (b) of this Section and subject to thedtosystem.com’s amendment as specified in this Agreement.
THEDTOSYSTEM.COM RESERVES THE RIGHT, IN THEDTOSYSTEM.COM’S SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU. UNLESS OTHERWISE STATED, ALL FEES AND CHARGES ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS, AND THERE ARE NO CREDITS FOR PARTIALLY USED MEMBERSHIP PERIODS.
thedtosystem.com’s decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of regularly recurring fees from You, shall not affect thedtosystem.com’s subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall thedtosystem.com’s waiver of Your breach constitute thedtosystem.com’s waiver of any subsequent breach by You or any other user of the Website and/or Services. By using the Website and/or Services, You authorize thedtosystem.com, and/or its payment processor, to charge thedtosystem.com’s fees to the credit card, debit card, PayPal, or other payment method You provide, in addition to applicable sales taxes and other taxes.
(b) thedtosystem.com Fee Policy; Video Fees
thedtosystem.com may charge a fee, as published on the Website, in exchange for Your use of certain member services, such as digital goods including educational videos. All fees for Paid Goods and Services are payable in U.S. dollars. For those Paid Goods and Services with a recurring monthly fee, thedtosystem.com shall charge a base rate in U.S. dollars per month, which will be due and collected in full at the beginning of each month that users opt for the services.
15. THIRD-PARTY WEBSITES
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with thedtosystem.com and some of whom may not. thedtosystem.com does not have control over the content and performance of Third-Party Websites. thedtosystem.com has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, thedtosystem.com does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party websites. thedtosystem.com disclaims, and you agree to assume, all responsibility and
liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.
16. USER CONTENT
“User Content” is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that You submit, upload, and/or post to, or transmit, display, perform, or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. thedtosystem.com does not claim ownership of any User Content. You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your User Content. BY SUBMITTING, UPLOADING, OR POSTING USER CONTENT IN ANY FORM WITH, THROUGH, OR TO THE WEBSITE, YOU THEREBY GRANT THE THEDTOSYSTEM.COM PARTIES A ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, UNRESTRICTED, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, REVOCABLE (AS SET FORTH IN SECTION 26 OF THIS AGREEMENT), ASSIGNABLE LICENSE TO COPY OR OTHERWISE REPRODUCE, MODIFY, ADAPT, TRANSLATE, DISTRIBUTE, ENHANCE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, REFORMAT, AND/OR OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES, OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE THEDTOSYSTEM.COM PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You: (a) own all rights, title and interest in and to any and all User Content You submit, or are otherwise authorized to grant the rights provided the thedtosystem.com Parties under this section, (b) have written consent, release, and/or permission of each and every identifiable individual person in any User Content You submit to use the name and likeness of each and every such identifiable person in the User Content; and (c) will not submit any User Content that does not fully comply with thedtosystem.com’s prohibitions against Objectionable Content, as detailed in Section 19.
thedtosystem.com reserves the right, in its sole discretion, to reject any User Content for any reason. “Objectionable Content” specified in Section 19 and “Prohibited Uses” in Section 20 are not exhaustive lists of content that thedtosystem.com reserves the right to remove or deny.
17. PUBLIC FORUMS
“Public Forum” is any area, site or feature offered as part of the Website that enables You (a) to upload, submit, post, display, perform, distribute, and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post,
transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting same. thedtosystem.com disclaims any perceived, implied, or actual duty to monitor Public Forums and specifically disclaims any responsibility or liability for information provided thereon.
18. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback, or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, thedtosystem.com is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available on the Website.
19. OBJECTIONABLE CONTENT
20. PROHIBITED USES
thedtosystem.com imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to thedtosystem.com or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) modify or change the placement and location of any advertisement appearing on the Website; (e) harvest or otherwise collect information about thedtosystem.com users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website or Services by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (j) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (l) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human- perceivable form any of the source code used by the thedtosystem.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
21. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER CONTENT THAT YOU SUBMIT TO THE WEBSITE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THEDTOSYSTEM.COM BEARS THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
thedtosystem.com, “thedtosystem.com logo,” Official DTO academy and other marks as they may appear on the thedtosystem.com website (collectively, the “thedtosystem.com Marks”) are trademarks or registered trademarks of Jonathan Shaw. Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the thedtosystem.com Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the thedtosystem.com Marks generated as a result of Your use of the Website and Services will inure to the benefit of jonathan Shaw, and You agree to assign, and hereby do assign, all such goodwill to Jonathan shaw. You shall not at any time, nor shall You assist others to, challenge Jonathan Shaw’s right, title, or interest in or to, or the validity of, the thedtosystem.com Marks.
(c) Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the thedtosystem.com logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Jonathan Shaw or are the property of Jonathan shaw’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title, or interest in or to any such materials.
(d) DMCA Policy
As thedtosystem.com asks others to respect thedtosystem.com’s intellectual property rights, thedtosystem.com respects the intellectual property rights of others. If you believe content located on or linked-to by the Website violates Your copyright, you are encouraged to please immediately notify thedtosystem.com by means of emailed notice (“Infringement Notice”), providing the information described herein. If thedtosystem.com takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to thedtosystem.com. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice.
Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
1. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
2. An identification of the copyright claimed to have been infringed;
3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit thedtosystem.com to find and positively identify that material;
4. Your name, address, telephone number and email address; and
5. A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to DMCA at THEDTOSYSTEM.COM DOT COM with the subject line “DMCA Notice – [INSERT YOUR NAME OR YOUR COMPANY’S NAME]”.
thedtosystem.com will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
22. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEDTOSYSTEM.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER THEDTOSYSTEM.COM NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE LIABILITY OF THEDTOSYSTEM.COM FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THEDTOSYSTEM.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR EMOTIONAL, PHYSICAL, FINANCIAL, OR OTHER DETRIMENT, LOST PROFITS, OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF THEDTOSYSTEM.COM, THEDTOSYSTEM.COM PARTIES, OR THEDTOSYSTEM.COM USERS, OR THEIR AGENTS OR REPRESENTATIVES.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD THEDTOSYSTEM.COM OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF THEDTOSYSTEM.COM AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THEDTOSYSTEM.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO THEDTOSYSTEM.COM OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF THEDTOSYSTEM.COM AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THEDTOSYSTEM.COM AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND THEDTOSYSTEM.COM OR BETWEEN YOU AND ANY OF THEDTOSYSTEM.COM’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THEDTOSYSTEM.COM’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
23. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other thedtosystem.com policies, and with any applicable laws or regulations.
24. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You (the “Indemnitor”) agree to defend, indemnify and hold harmless thedtosystem.com and thethedtosystem.com Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to thedtosystem.com, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and thedtosystem.com, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Website or Services; (iv) Your provision to thedtosystem.com or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
25. GOVERNING LAW; JURISDICTION AND VENUE
(a) 1-Year Limitations Period
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE.
(b) Binding Arbitration
If You and thedtosystem.com cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s). YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The language in this
Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, thedtosystem.com will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal
Rule of Civil Procedures 11(b)), then the payment of all such fees will be governed by the AAA Rules. In that case, You hereby agree to reimburse thedtosystem.com for all payments disbursed that are your obligation to reimbursed under the AAA Rules. If you are unable to pay the arbitration fee, thedtosystem.com will pay it directly upon receiving a written request and a sworn statement that you are unable to pay. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
thedtosystem.com may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
(c) Restrictions Against Joinder of Claims
You and thedtosystem.com agree that any arbitration shall be limited to each Claim individually. YOU AND THEDTOSYSTEM.COM HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR THEDTOSYSTEM.COM’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (1) no arbitration shall be joined with any other arbitration, and
(2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
(d) Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude You or thedtosystem.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or thethedtosystem.com from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used herein, “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of California.
(e) Laws of the State of California
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO SONOMA COUNTY, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO,
THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
(a) BY THEDTOSYSTEM.COM
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THEDTOSYSTEM.COM RESERVES THE RIGHT TO, IN THEDTOSYSTEM.COM’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) AUTOMATIC TERMINATION UPON BREACH BY YOU
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by thethedtosystem.com.
(c) BY YOU
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to thethedtosystem.com.com notice of Your intention to do so, in the manner required by this Agreement.
(d) EFFECT OF TERMINATION
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, thethedtosystem.com may, but has no obligation to, in thedtosystem.com’s sole discretion, rescind any services and/or delete from thedtosystem.com’s systems all Your Personal Information and any other files or information that You made available to thethedtosystem.com or that otherwise relate to Your use of the Website or Services. Upon termination, You shall cease any use of the Website and Services.
Subsequent to termination, thethedtosystem.com reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
(e) LEGAL ACTION
If thethedtosystem.com, in thedtosystem.com’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, thethedtosystem.com will be entitled to recover from You as part of such legal action, and You agree to pay, thedtosystem.com’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The thethedtosystem.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-9, and 14-29 will survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. thethedtosystem.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to thethedtosystem.com. You agree that any notice received from thethedtosystem.com electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH EMOFREE.COM IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY EMOFREE.COM OF AN EMAIL TO THAT ADDRESS.
You shall give any notice to thethedtosystem.com by accessing the contact link < http://www.EmoFree.com/contact.html>, filling out all required forms, and submitting the information by clicking “submit.”
28. PARTIAL INVALIDITY
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.
This Agreement constitutes the entire agreement between thethedtosystem.com and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of thethedtosystem.com or by the unilateral amendment of this Agreement by thethedtosystem.com and by the posting by thethedtosystem.com of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of thethedtosystem.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and thethedtosystem.com.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the thethedtosystem.com. Parties and the Indemnified Parties as and to the extent set forth in Sections 8, 16, 20, 22(a), 24, and 26(e), and in this paragraph, and thedtosystem.com’s licensors and suppliers as to the extent expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to thethedtosystem.com and thedtosystem.com’s licensors and suppliers, and would therefore entitle thedtosystem.com or thedtosystem.com’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of
convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
30. THEDTOSYSTEM.COM AFFILIATES AND AFFILIATE/REFERRERS
(a) CPA Payments
Payments are provided on a CPA (“Cost Per Action”) basis, pursuant to Section 30(b) below. thedtosystem.com. shall pay affiliates and/or referrers (“Affiliate/Referrers”) each month, on the first day of the month that a payment for Affiliate/Referrer commission (the “CPA Payment” and collectively “CPA Payments”) is due, pursuant to thedtosystem.com’s payment calculation policy in Section 30(b) and thedtosystem.com’s sixty day refund period, both detailed below. All CPA Payments will be paid in US dollars ($US).
(b) thedtosystem.com CPA Calculation.
thedtosystem.com will pay Affiliate/Referrers fifty percent (50%) of any successfully converted, paid up sale, on the first day of the month after the conclusion of the sixty day refund period (the “CPA Calculation”). thedtosystem.com maintains an Affiliate/Referrer payment schedule that aligns with thedtosystem.com’s sixty day refund policy. Accordingly, thedtosystem.com retains funds for CPA Payments until the exhaustion of the sixty day refund period subsequent to the purchase, for the purpose of avoiding the complications of removing customer refund payments from a corresponding Affiliate/Referrer’s account where the customer requests a refund.
thedtosystem.com will pay Affiliate/Referrers fifty percent of any payment received from a customer, on the first day of the month following the exhaustion of the sixty day return period subsequent to the purchase, as limited by any customer’s right to pay thedtosystem.com according to an incremental monthly payment plan. For Affiliate/Referrers of thedtosystem.com customers who opt for thedtosystem.com’s payment plan, thedtosystem.com will only remit CPA Payments to the Affiliate/Referrers once the customer has successfully completed three monthly payments.
If customers join Jonathan Shaw Official DTO System Community the Affiliate commission is 50% of the first year’s monthly fees.
Affiliates earn commissions on everything their customers purchase for six months from the time such customers first visit. In the case where a customer clicks on the links from two different affiliates (infrequent), the most recent click will receive the commission. Every time one of an Affiliate's customers orders from our store, the six month period is reset.
ALL CPA PAYMENTS TO AFFILIATE BY THEDTOSYSTEM.COM ARE CONTINGENT UPON THEDTOSYSTEM.COM RECEIVING PAYMENT FROM THE CUSTOMER. IN THE EVENT THEDTOSYSTEM.COM FAILS TO RECEIVE PAYMENT FROM THE CUSTOMER, THEDTOSYSTEM.COM SHALL HAVE NO PAYMENT OBLIGATION TO THE AFFILIATE.
(c) thedtosystem.com Refund Policy
thedtosystem.com honors refunds within sixty (60) days from the date of purchase. For customers who opt for payment plans, refunds for more than one payment are honored if requested within the standard 60 day refund period. If a customer requests a refund and thedtosystem.com approves the refund, the money for the requested transaction is refunded back to the customer, in part or whole.
(d) thedtosystem.com Adwords Policy
thedtosystem.com permits all Affiliates to purchase search engine adwords in order to generate Affiliate commissions. The only exception is the purchase of adwords for terms for which thedtosystem.com is already ranked on the first page of the search engine results. Prime examples of such terms would be DTO, Do The Opposite Techniques and Jonathan Shaw.