Terms of Use

“REWIRE YOUR BRAIN FOR LOVE” SERVICE AND USE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site.

1. Definitions.

“ReWire Your Brain For Love” is an on-line website operated by Marsha Lucas, PhD consisting of information services and content provided by Marsha Lucas, affiliates and other third parties. “Visitor” means each person who accesses ReWire Your Brain For Love for access to and use of ReWire Your Brain For Love information or establishes a connection (“Account”) for use of its services.

2. General.

(A) ReWire Your Brain For Love is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on ReWire Your Brain For Love.

(B) ReWire Your Brain For Love does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on ReWire Your Brain For Love. Reliance on any information provided by ReWire Your Brain For Love, ReWire Your Brain For Love employees, others appearing on ReWire Your Brain For Love at the invitation of ReWire Your Brain For Love, or other visitors to ReWire Your Brain For Love is solely at your own risk.

(C) This Agreement, which incorporates by reference other provisions applicable to Visitor’s use of ReWire Your Brain For Love, sets forth the terms and conditions that apply to Visitor’s use of ReWire Your Brain For Love. By using ReWire Your Brain For Love, Visitor agrees to comply with all of the terms and conditions hereof.

The right to use ReWire Your Brain For Love is personal to Visitor and is not transferable to any person or entity. Visitor is responsible for all use of Visitor’s Account and for ensuring that all use of Visitor’s Account complies fully with the provisions of this Agreement. Visitor shall be responsible for protecting the confidentiality of Visitor’s password(s).

(D) ReWire Your Brain For Love shall have the right at any time to change or discontinue any aspect or feature of ReWire Your Brain For Love, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

ReWire Your Brain For Love shall have the right at any time to change or modify the terms and conditions applicable to Visitor’s use of ReWire Your Brain For Love, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on ReWire Your Brain For Love, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of ReWire Your Brain For Love by Visitor after such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.

4. Equipment.

Visitor shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of ReWire Your Brain For Love and all charges related thereto.

5. Visitor Conduct.

(A) Visitor shall use ReWire Your Brain For Love for lawful purposes only. Visitor shall not post or transmit through ReWire Your Brain For Love any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory,invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.

Any conduct by a Visitor that in the sole discretion of ReWire Your Brain For Love restricts or inhibits any other Visitor from using or enjoying ReWire Your Brain For Love will not be permitted. Visitor shall not use ReWire Your Brain For Love to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Visitors of other on-line information services competitive with ReWire Your Brain For Love.

(B) ReWire Your Brain For Love contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of ReWire Your Brain For Love are copyrighted as a collective work under United States copyright laws.

ReWire Your Brain For Love owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitor may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

Visitor may download copyrighted material for Visitor’s personal use only provided that the following notice is included on such materials: “Copyright 2009, ReWire Your Brain For Love. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of ReWire Your Brain For Love and the copyright owner.”

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Visitor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Visitor shall not upload, post or otherwise make available on ReWire Your Brain For Love any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

By submitting material to any public area of ReWire Your Brain For Love, Visitor automatically grants, or warrants that the owner of such material has expressly granted ReWire Your Brain For Love the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor’s personal use. Visitor hereby grants ReWire Your Brain For Love the right to edit, copy, publish and distribute any material made available on ReWire Your Brain For Love by Visitor.

(D) The foregoing provisions of Section 5 are for the benefit of ReWire Your Brain For Love, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

(A) VISITOR EXPRESSLY AGREES THAT USE OF REWIRE YOUR BRAIN FOR LOVE IS AT VISITOR’S SOLE RISK. NEITHER REWIRE YOUR BRAIN FOR LOVE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT REWIRE YOUR BRAIN FOR LOVE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF REWIRE YOUR BRAIN FOR LOVE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH REWIRE YOUR BRAIN FOR LOVE.

(B) REWIRE YOUR BRAIN FOR LOVE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

VISITOR SPECIFICALLY ACKNOWLEDGES THAT REWIRE YOUR BRAIN FOR LOVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.

(D) IN NO EVENT WILL REWIRE YOUR BRAIN FOR LOVE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING REWIRE YOUR BRAIN FOR LOVE OR THE REWIRE YOUR BRAIN FOR LOVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE REWIRE YOUR BRAIN FOR LOVE. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON REWIRE YOUR BRAIN FOR LOVE.

(E) IN ADDITION TO THE FOREGOING, NEITHER REWIRE YOUR BRAIN FOR LOVE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN REWIRE YOUR BRAIN FOR LOVE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, REWIRE YOUR BRAIN FOR LOVE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

ReWire Your Brain For Love shall have the right, but not the obligation, to monitor the content of ReWire Your Brain For Love, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ReWire Your Brain For Love and to satisfy any law, regulation or authorized government request. ReWire Your Brain For Love shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ReWire Your Brain For Love. Without limiting the foregoing, ReWire Your Brain For Love shall have the right to remove any material that ReWire Your Brain For Love, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Visitor agrees to defend, indemnify and hold harmless ReWire Your Brain For Love, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of ReWire Your Brain For Love by Visitor or Visitor’s Account.

9. Termination.

Either ReWire Your Brain For Love or Visitor may terminate this Agreement at any time. Without limiting the foregoing, ReWire Your Brain For Love shall have the right to immediately terminate Visitor’s Account in the event of any conduct by Visitor which ReWire Your Brain For Love, in its sole discretion, considers to be unacceptable, or in the event of any breach by Visitor of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

ReWire Your Brain For Love and each of their logos are trademarks of ReWire Your Brain For Love. All rights are reserved. All other trademarks appearing on ReWire Your Brain For Love are the property of their respective owners.

11. Third Party Content.

ReWire Your Brain For Love is a licenser or distributor (and not a publisher) of content supplied by third parties and Visitors. Accordingly, ReWire Your Brain For Love has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Visitors or any other user of ReWire Your Brain For Love, are those of the respective author(s) or distributor(s) and not of ReWire Your Brain For Love.

Neither ReWire Your Brain For Love nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through ReWire Your Brain For Love represents the opinions and judgments of the respective information provider, Visitor, or other user not under contract with ReWire Your Brain For Love. ReWire Your Brain For Love neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ReWire Your Brain For Love by anyone other than authorized ReWire Your Brain For Love employee spokespersons while acting in their official capacities.

Under no circumstances will ReWire Your Brain For Love be liable for any loss or damage caused by a Visitor’s reliance on information obtained through ReWire Your Brain For Love. It is the responsibility of Visitor to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ReWire Your Brain For Love. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous.

This Agreement and any operating rules for ReWire Your Brain For Love constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

This Agreement shall be construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with ReWire Your Brain For Love, or in any way relating to your use of ReWire Your Brain For Love, resides in the courts of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving ReWire Your Brain For Love or its subsidiaries, employees, contractors, officers, directors, and content providers.

No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Copyrights and Copyright Agent.

ReWire Your Brain For Love respects the rights of all copyright holders and in this regard, ReWire Your Brain For Love has adopted and implemented a policy that provides for the termination in appropriate circumstances of Visitors and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ReWire Your Brain For Love’s owner the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512.

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

2. Identification of the copyright 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.

3. 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 us to locate the material.

4. Information reasonably sufficient to permit us to contact the complaining party.

5. 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, its agent, or the law.

6. 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 infringed.

ReWire Your Brain For Love’s owner for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Marsha Lucas, PhD
1350 Connecticut Avenue, NW #801
Washington, DC 20036
(202) 331-3318

For any questions or requests other than copyright issues, please contact ReWire Your Brain For Love.

ReWire Your Brain For Love
1350 Connecticut Avenue, NW #801
Washington, DC 20036

(202) 331-3318

14. Children’s Privacy.

ReWire Your Brain For Love is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.

15. Advertisements and Links.

ReWire Your Brain For Love does not endorse the content on any third-party websites. ReWire Your Brain For Love is not responsible for the content of linked third-party sites, sites framed within ReWire Your Brain For Love, or third-party advertisements, and does not make any representations regarding their content or accuracy.

Visitor’s use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. ReWire Your Brain For Love does not endorse any product advertised on ReWire Your Brain For Love.