TERMS OF USE

1. User’s Acknowledgment and Acceptance of Terms

Please note that Discover Yourself, Inc (also referred to as “us”, “we” or “site”) provides this site, and the services on this site, subject to your agreement and compliance with all of the terms, conditions, and notices provided to you. Users of this site are subject to any posted guidelines or rules that may be in addition to the Terms of Use set forth herein. All other post guidelines including the Privacy Policy are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD EXIT THE SITE NOW. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF THE SERVICES CONTAINED HEREIN IS TO STOP USING THE SITE. YOUR AGREEMENT TO THESE TERMS OF USE IS EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. THANK YOU.

These Terms of Use are effective as of August 1st, 2010. We reserve the right to change the Terms of Use without notice to you. You acknowledge that is it your responsibility to review the Terms of Use periodically and to be aware of any changes. Your continued use of the site following any changes to the Terms of Use constitutes your continued acknowledgment and acceptance of the site modified Terms of Use.

References to “service partners” includes our subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes, without limitation, all parties involved in creating, producing, and delivering this site and its contents.

2. Description of Services

While we make various services available on this site, you are solely responsible for providing, at your own expense, all equipment necessary to use our services.

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, the addition of fee-based services, or changes to limitations on allowable file sizes or comment posts. Any new or augmented features shall also be subject to these Terms of Use.

You acknowledge your understanding that delays or disruption in network transmissions are completely beyond our control. By using the site, you acknowledge that temporary interruptions in site services may occur. You further acknowledge that we have no control over any third party networks that you may access in the course of your use of the site.

By using this site, you acknowledge and agree that the services on this site are provided “AS IS” and that we assume no responsibility for any of the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.

3. Registration Data and Privacy

In order to access some of the services on this site, you will have to register your name and email address. By registering your name and email address, you agree that the information that you have provided is true and correct and that you will maintain and update this information in order to keep it current. By registering your name and email address with the site, you grant us the right to disclose the information to third parties. This information is subject to our Privacy Policy, which is incorporated by reference into these Terms of Use.

4. Conduct on Site

You are solely responsible for the content of your communications through the site. If you post any information on any part of this site, you agree that you will not upload, share, or post any type of communication that:

Is defamatory, abusive, unlawful, threatening, harassing, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

Impersonates any person or entity, including any of our employees or representatives.

We do not endorse any of the contents of any material submitted by third-party users of the site, nor do we assume any liability for the contents of such submissions. While we do not pre-screen the content posted by site users, we and our agents have the sole right to remove any content that, in our sole judgment, does not comply with these Terms of Use, or any information that we find objectionable, harmful, or otherwise inaccurate. We are not responsible for any delay in removing such content, nor are we responsible for the failure to remove such content. You acknowledge and agree that we have the right to remove any such content, and you waive any claim against us resulting from the removal of such content.

You shall not interfere with anyone else’s use or enjoyment of the site, including, but not limited to, using your account to breach security measures that are in place on the site. Users who violate the system or network security may be subject to civil or criminal liability.

If you violate any of the above provisions, then you acknowledge that we have the right, at any time, to terminate your membership on the site without any prior notice to you and at our sole discretion. You also acknowledge that we will fully cooperate with investigations of suspected network or system security violations and that includes cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This site may link to services provided by other parties. These sites and other parties are not under our control, and you acknowledge that we are not responsible for any content on that site. We include links to such sites as a convenience and this does not imply our endorsement of, or association with, such other sites, nor does it include any warranty, express or implied, about such other sites.

6. Intellectual Property Information
Copyright (c) 2010 Discover Yourself, Inc – All Rights Reserved.

For purposes of these Terms of Use, “content” is any information, communications (including email communications), software, photos, video, graphics, music, sounds and any other material that can be viewed by site users. This includes, but is not limited to, any content that appears on message boards, chat forums, or that is part of any other original content.

By using this site and accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks and /or patents or other proprietary rights and laws. The content of this site is the sole property of Discover Yourself, Inc and/or its Service Partners. You are only permitted to use the site content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of any company or are the property of such owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of any company or affiliate. Certain of the ideas, software and processes incorporated into the service of any affiliate that may be available on this site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

7. User’s Materials

Subject to, and in accordance with, our Privacy Policy, any communication or material that you submit to the site will be treated as non-confidential and non-proprietary. You agree to grant us and our licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, play, perform, publish, translate, adapt, modify, and use such material for any purpose, regardless of the form or medium in which it is used. Unless we have agreed in writing, please do not submit any confidential or proprietary information to us. Additionally, please do not submit any unsolicited ideas or proposals to us as we are unable to accept them under any circumstances. We respect the intellectual property of others, and we ask that you do the same. If you believe that your copyright has been infringed by a posting on this site, please send immediate notification to info@ronitherzfeld.com. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed;

Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

General Counsel and Designated Agent for Claimed Infringement:
Gerald Eisenberg
Eisenberg & Margolis, LLP
100 Quentin Roosevelt Boulevard, Suite 106, Garden City, NY 11530-4920

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

8. Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGMENT. ADDITIONALLY, WE MAKE NO WARRANTY THAT THE MATERIALS ON THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE MAKE NO WARRANTYM EXPRESS OR IMPLIED, THAT THE SITE WILL BE PROVIDED FREE OF ERRORS, NOR ANY WARRANTY THAT IT WILL BE TIMELY, OR THAT IT WILL BE SECURE. WE MAKE NO WARRANTY THAT THE SERVICES PROVIDED BY THE SITE WILL BE ACCURATE OR RELIABLE. WE MAKE NO WARRANTY ABOUT ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED TO YOU BY OUR AFFILIATES. IT IS POSSIBLE THAT THE SITE COULD HAVE TECHNICAL OR OTHER MISTAKES WHICH WE MAY CHANGE. HOWEVER, WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS OR SERVICES AVAILABLE ON THE SITE. USING THE SERVICES ON THIS SITE OR DOWNLOADING ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION OR RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER AS A RESULT OF USING THE SITE SERVICES. YOU ACKNOWLEDGE THAT ANY WARRANTY PROVIDED TO YOU BY A THIRD PARTY IN CONNECTION WITH ANY PRODUCTS, SERVICES OR MATERIALS PROVIDED TO YOU ARE THE SOLE RESPONSIBILTY OF SAID THIRD PARTY. SUCH WARRANTIES ARE IN NO WAY CONNECTED OR AFFILIATED TO US OR OUR AFFILIATES.

We do not endorse the opinions or judgments of any person that is not connected with Discover Yourself, Inc in their official capacity. We are not responsible for any content provided by any person not connected with Discover Yourself, Inc. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information on this site.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

YOUR ONLY REMEDY AND OUR ENTIRE LIABILITY, IF ANY EXISTS, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF USE ARE LIMITED TO THE AMOUNT YOU PAID FOR SERVICES IN THE MONTH PRIOR TO THE ACT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND BEYOND YOUR COSTS OF SUBSCRIPTION, IF ANY, TO THE SITE. WE SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. AGAIN, WE ARE NOT LIABLE IN ANY WAY FOR ANY THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THE SITE, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIVITIES, INCLUDING THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Personal Advice

This site and its contents, including any communication or material that is provided by users of the site, is for entertainment and informational purposes only, and any advice on the site is and is intended to be of a general nature. This site (and its content) is not intended to substitute for or to replace professional advice. Discover Yourself, Inc and/or its Service Partners expressly disclaim any and all liability concerning any action or treatment taken by an individual following the information provided by or offered within this site. If you have a situation in which you require medical or professional advice, you should consult with a trained and qualified specialist.

11. Indemnification

You agree to defend, indemnify and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this site, if we request you to do so. We reserved the right to assume the exclusive defense and control of any matters otherwise subject to indemnification by you. We shall do so at our expense, and you will cooperate with us in asserting any available defenses.

12. Participation in Promotions

This site may include advertisements offered by third parties. Any activity between you and third party advertisers are solely between you and the advertiser. We assume no liability or responsibility for any activity between you and such third party advertisers.

13. Use of Site and Storage of Material

You acknowledge that we may establish limits concerning the use of services available on the site. This includes, without limitation, the maximum number of days that content uploaded to the site will remain available, the maximum disk space allocated on servers on your behalf, and the maximum number of times that you may access our site in a given period. You agree that we have no responsibility or liability for deleting or failing to store any content submitted on or through the site. We also have the right to delete any inactive accounts without notice.

We provide limited storage space and access for material through our site. You may not use our site to publish material that is, at our sole discretion, unlawful, indecent or objectionable. We may, at our sole discretion, remove any such material hosted on our servers and terminate your account. Excessive use or abuse of shared network resources by you is prohibited and may result in termination of your account. You agree not to hold us liable for any damages to, any deletion of, or any failure to store your materials.

14. Security and Password

You are solely responsible for maintaining the confidentiality of your account including any charges incurred by your use of the account. We will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to terminate your account for any unauthorized transfer or sharing of your account.

15. Export Controls

Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. International Use

While this site may be accessible worldwide, we make no representation about the appropriateness of materials available for use outside of the United States. Anyone who chooses to access the site from a location outside of the United States does so on their own initiative and is responsible for compliance with local laws. Any offer made in connection with this site is void where prohibited.

18. Governing Law

This site is controlled by us from our office in the State of New York, United States of America. You and we agree that the statutes and laws of the State of New York, United States of America will apply to all matters relating to the use of the site in any way. The laws of the State of New York, United States of America apply without regard to the conflicts of laws principles of any other place and without regard to the United Nations Convention on the International Sale of Goods. We both agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of New York County and the United States district court for the Eastern District of New York with respect to such matters.

19. Notices

All notices to a party shall be in writing via email or conventional mail. Notices to us must be sent to info@ronitherzfeld.com. Notices to you may be sent to the email address or mailing address that you provided for your account. We may also broadcast notices or messages through the site to inform you of changes to the site, and such broadcasts shall constitute notice to you.

20. Entire Agreement

These Terms of Use and those documents incorporated by reference constitute the entire agreement and understanding between us concerning the subject matter contained herein. These Terms of Use supersede all prior agreements and understandings of the parties with respect to issues addressed herein.

21. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us must be brought within one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site. We shall be excused from any liability arising from any event beyond our control, whether or not foreseeable by either party. If any part of the Terms of Use is held invalid or unenforceable, that portion of the Terms of Use shall be construed in a manner to reflect, as nearly as possible, the original intent of the parties, subject to the applicable law. The remaining portions of the Terms of Use shall remain in full force and effect. Our failure to exercise or enforce any provision of these Terms of Use shall not constitute a waiver of that right or provision.

22. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Discover Yourself, Inc. Our telephone number is 347.234.5570. If you notice that any user is violating these Terms of Use, please contact us at info@ronitherzfeld.com.

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