TERMS OF SERVICE AND USER AGREEMENT
Welcome to www.atzmi.com (“Atzmi.com”, “Atzmi” or “Website”), the Website that is a venue for on-line personality testing, self-improvement and consultation, in the spirit of the wisdom, guidance and directives of Traditional Jewish thought, Lurianic Kabbalah and Chasidic teachings. The Website is owned and operated by Atzmi Knowledge Ltd., a corporation registered under the laws of the State of Israel (“Atzmi”).
This Agreement sets forth and contains all of the terms and conditions between a User of Atzmi.com’s services (“User” or “you”) and Atzmi. By clicking on the words “I agree” in the place indicated and clicking on the “Continue” button to submit the User registration form, a binding agreement will be executed between you and Atzmi. The User should therefore read this Agreement carefully. If, however, you (the User) do not agree to be bound by this Agreement, click on the “No” button. In such case you will not be able to register as a User at Atzmi.com.
Definition of Service
Atzmi provides a venue where a User can take a personality test, devised and based on traditional Jewish teachings (the “Atzmi Test”), receive a detailed “personality report”, obtain consultation and guidance based on such report and learn and receive further information to assist in a journey of self-improvement, through self-awareness and self-development. Certain of the services provided to Users on the Website are free and certain are paid-for services. The specific features and functionality of the Website are to be determined solely by Atzmi and are subject to change or termination without notice. Atzmi makes no representation or warranty whatsoever that the User shall find our services satisfactory, helpful or accurate, or that it will provide an adequate solution to his or her questions or problems, or otherwise be suitable to his or her needs.
Atzmi’s services are provided in, and for all purposes herein are deemed to be provided in, the State of Israel.
User Warranties
By submitting the User registration form, the User warrants and declares the following:
• The information furnished in the registration form is accurate, true and complete, and that he or she will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
User’s Conduct
The User will be solely and fully liable for all conduct, postings and transmissions that are made under his or her user name and password. The User warrants and declares that while he or she is using Atzmi he or she will act according to the following rules:
• User will use the Atzmi services for his or her own personal use and not on behalf of any third party and not for any commercial purpose;
• User will provide accurate email addresses, cell phone numbers, credit card information and/or other identity and contact details in the event he or she uses the Website’s paid-for services;
• User will verify their email address, as per the instructions provided in the ‘Welcome’ email and the ‘Verify your email address’ email before any email content that forms part of the Atzmi service is delivered to the user (the monthly service fee will still apply, even if user does not verify their email address);
• All interactions between User and Atzmi’s Coaches will be billed through Atzmi, regardless if the interaction is online or offline. User agrees to abide by the pricing terms posted on the Website while utilizing any services provided by or through the Website;
• User will not interfere with or disrupt the Atzmi.com servers or networks connected to the Website;
• User will not attempt to gain unauthorized access to other computer systems or networks connected to the Website, to compile, harvest, gather, store, and/or distribute any email addresses appearing on Atzmi.com or belonging to other Users of the Website and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;
• User will not transmit through the Website any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
• User will not disobey or breach this Agreement or any other applicable instructions conveyed by Atzmi and its officers;
• User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
• User will not upload, post, e-mail, transmit or otherwise make available any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
• User will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes upon a third party right, especially intellectual property rights;
• User will not upload, post, e-mail, transmit or otherwise make available any third party advertisements, including banner exchange services;
• User will not upload, post, e-mail, transmit or otherwise make available software viruses, Trojan horses, worms or any other malicious application;
• User will not cause a non-human entity including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically to interact directly with Atzmi.com (other than a browser directly relaying human interaction);
• Atzmi enables the transfer of files between Users and its Coaches. When opening such file attachments received from Atzmi Coaches it is the User’s responsibility to scan them with an anti-virus software application prior to opening them;
• User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
• User will not stalk, threaten or harass Atzmi Coaches, employees, affiliates or other Users or infringe upon or attempt to infringe upon their privacy;
• User will abide by Atzmi’s Privacy Policy [hyperlink here];
• If applicable, User will abide by Atzmi’s Subscription Agreement [hyperlink here];
• Atzmi may review the User’s personal profile and amend any typing or spelling errors. Atzmi cannot and will not examine the validity or accuracy of the details in the User’s personal profile or in any of the User’s postings or transmissions. However, Atzmi may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User. Without derogating from the above, Atzmi may remove any content violating this Agreement. The User will bear all the risks associated with the uploading and transmitting of material while utilizing Atzmi.com, including reliance on its accuracy, reliability or legality.
Paid-For Services
Atzmi, at its own discretion, may at any time change a service from being free to being paid-for or subscription-based or change the price or terms of a paid-for service.
User ID
User is responsible for maintaining the confidentiality of his or her User ID (the unique username and password combination) that is selected by him or her in order to use the Website, and is fully responsible for all activities that occur under such means. You are solely liable for any harm caused or related to the disclosure, theft or misappropriation of all or any portion of your User ID or if someone else uses your User ID through no fault of ours (unless and until you notify us your User ID may have been compromised, misappropriated or improperly taken or used by another party); you agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your User ID or if you have any security concerns.
Privacy
User does not have to furnish the information required for registration to Atzmi. However, without that information User will not be able to use the services of Atzmi. The collection, storage, use and transferability of any information you provide to Atzmi is governed by Atzmi’s Privacy Policy, which is fully incorporated herein. By agreeing to this Agreement you also agree to the terms of Atzmi’s Privacy Policy [make this a hyperlink].
The information furnished by the User during the Atzmi test submission and registration process will be kept in Atzmi’s database. Atzmi will protect the integrity and safety of the database, all as more fully set forth in the Privacy Policy [hyper-link]. However, such means are not fault-proof and Atzmi will therefore not be liable for any direct, indirect, consequential or incidental damage that the User may sustain due to unauthorized intrusion of the database.
Atzmi may screen or edit the content of communications between Atzmi’s Coaches and Users. However, it has no obligation to do so. Atzmi may copy, transmit and review communications conducted by or through Atzmi.com for technical support and/or in order to uphold these Terms of Service. Such communications are personal and private unless both parties agree to additional distribution. Email and phone communications between Users and Atzmi’s representatives are not encrypted and thus may be more susceptible to unauthorized monitoring.
Chat, voice and e-mail communications between Users and Atzmi’s Coaches are stored on Atzmi servers and are available for review by Atzmi’s Coaches and, if the session was paid-for, by the relevant Users. Of course, if the User shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the User’s communications with Atzmi’s Coaches and his or her personal information appearing on Atzmi.com.
Atzmi may assign, transfer, rent, sell or lease its database, without giving the User any prior notice, to any affiliate and, in any case of merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify Atzmi’s Privacy Policy.
Third-Party Content
Atzmi.com may contain content provided by third parties. Such content is provided for informational purposes only and is not intended for any other purposes. Atzmi does not warrant the validity, accuracy, or availability of the content and it will not be liable for any damages sustained due to reliance on such information or advice.
Links
Atzmi.com may contain links to websites operated by third parties. Atzmi has no control over such websites and the information provided in them. The User acknowledges and agrees that Atzmi is not responsible for the availability of such third party websites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The User warrants and agrees that Atzmi will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party websites. Atzmi encourages the User to be aware when he or she leaves Atzmi.com and to read the privacy policies of each and every website that collects personally identifiable information.
Modifications and Termination of Atzmi.com
Atzmi reserves the right to modify or discontinue, temporarily or permanently, the services in Atzmi.com, with or without notice to User. User agrees that Atzmi shall not be liable to User or any third party for any modification or discontinuance of Atzmi.com’s services, or for any losses or damages that may result to User from such discontinuation or interruption of service.
Atzmi’s services depend on various factors such as software, hardware and communications networks of Atzmi, its contractors and suppliers. Hence, Atzmi cannot guarantee that Atzmi.com’s service will be uninterrupted or that it will be timely, secure or error-free.
Atzmi, in its sole discretion and for any reason, may terminate User’s participation in Atzmi.com and refuse any and all current or future use by User of Atzmi.com.
Usage by Children and Children On-Line Privacy Protection
The Website is intended for use by adults only. User is responsible for supervising any minors for whom User is legally or otherwise responsible (whether as a parent or guardian) to ensure that they do not access Atzmi’s content or services.
Unsolicited Bulk Email
User acknowledges that unauthorized use of information obtained from Atzmi in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email, may result in civil and criminal penalties against the sender. Civil and criminal penalties may also apply to email transmitted in violation of the CAN-SPAM Act of 2003.
Intellectual Property
Atzmi is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Atzmi.com and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
The User may not in any way reverse-engineer the software used on the Website or create derivative software based upon any trade secret, intellectual property or proprietary information of Atzmi. Furthermore, the User may not sub-license, assign, transfer, sell or make any other commercial use of Atzmi.com intellectual property, content or methodologies.
The User may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Atzmi and Atzmi.com, or take any other action that infringes upon or impairs Atzmi’s trademark rights.
Atzmi shall retain all ownership in and to Atzmi.com and all content displayed on Atzmi.com including copies of data transferred or received by User through the Website.
Violations of Terms of Service, Rights of Others, Copyright Infringement
If you believe any of our services violates these Terms of Service, please notify us at . We cannot guarantee we will respond to your notice and we reserve the right to take or refrain from taking any or all steps available to us once we receive any notice. If you believe any portion of our Subscription Services contains elements that infringe your copyright or the copyright of anyone else, please click on the following link to go directly to our Notice and Procedure for Making Claims of Copyright Infringement and follow the procedures that are described.
Website Content
The content on the Website is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice.
Interactions with Atzmi Coaches
Our services may include various methods of discussions and communications with our Coaches, including on-line communications and telephone or VOIP communications. Users should be aware that our Coaches are trained in the specific field of expertise relating to our products and are not otherwise necessarily licensed or trained to provide advice or consultation in any other area or field of expertise.
Users should be aware that misunderstandings are possible with text-only email or other forms of communications that are not face-to-face. The typical nonverbal cues that are part of face-to-face communication are mostly lacking. This makes misunderstandings possible.
Users may not disseminate any information received or any other content of the communications with Atzmi Coaches without the prior written approval of Atzmi and the relevant Coach.
There are various alternatives to our services which may better fit any specific User’s needs. These include, but are not limited to, obtaining professional help, face-to-face counseling, talking to a trusted family member or friend or clergy, attending self-help groups and using various techniques such as relaxation, meditation or exercise.
Special Notice
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES
Disclaimer of Warranty
THE USER ACKNOWLEDGES AND AGREES THAT USE OF ANY OR EVERY PART OF THIS SERVICE IS ENTIRELY AT THE USER’S OWN RISK AND THAT ATZMI.COM IS PROVIDED “AS IS”, AND THEREFORE THE USER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS ATZMI IN RESPECT TO ATZMI.COM’S PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE USER’S NEEDS. THE USE OF ATZMI.COM IS AT THE USER’S SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
ATZMI, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE, CONTENT OR SERVICES WILL BE CORRECTED.
THE USER ACKNOWLEDGES THAT THE PERSONALITY REPORT RECEIVED FOLLOWING THE ADMINISTRATION OF THE ATZMI TEST AND ANY CONSULTATION OR INFORMATION THE USER MAY RECEIVE FROM ATZMI’S COACHES, WHETHER ONLINE OR OFFLINE, OR FROM THE WEBSITE, IS BASED ON A SPECIFIC INTERPRETATION OF TRADITIONAL JEWISH TEACHINGS, WHICH MAY CONTRADICT OTHER INTERPRETATIONS OF SUCH SOURCES OR OTHER METHODS OF PERSONALITY TESTS AND ATZMI HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE RESULTS ARE IN ANY WAY ACCURATE OR ARE INTENDED TO INDUCE OR CONVINCE THE USER TO PERFORM OR REFRAIN FROM PERFORMING ANY ACTS OR CHANGE HIS OR HER WAY OF LIFE, BELIEFS, OCCUPATION, FAMILY, RESIDENCE, ETC. ANY SUCH ACTIONS OR INACTIONS BY THE USER ARE AND SHALL BE IN THE USER’S SOLE DISCRETION AND RESPONSIBILITY AND ATZMI, ITS COACHES, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUB-CONTRACTORS SHALL NOT BE LIABLE FOR ANY CLAIM FOR DAMAGES MADE BY THE USER OR BY ANY THIRD PARTY.
ATZMI, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, COACHES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS DISCLAIM ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY ATZMI.COM, AS WELL AS FOR ANY ADVICE RECEIVED THROUGH ANY LINKS OR EMBEDDED WEBSITES PROVIDED WITH THE SERVICES.
IF THE PERTINENT JURISDICTION DOES NOT ALLOW SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES, THEN THOSE SPECIFIC PROVISIONS ABOVE WILL NOT APPLY TO YOU BUT YOU AGREE THAT THE TERMS ABOVE WILL STILL APPLY TO THE GREATEST EXTENT COMPATIBLE WITH APPLICABLE LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ATZMI, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, COACHES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. ATZMI, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, COACHES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL IN NO EVENT SHALL EXCEED ONE HUNDRED DOLLARS (US $100), EVEN IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH ATZMI.COM, THE USER HEREBY RELIEVES ATZMI, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, COACHES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH USER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
IF THE PERTINENT JURISDICTION DOES NOT ALLOW SOME OF THE ABOVE LIMITATIONS OF LIABILITIES, THEN THOSE SPECIFIC PROVISIONS ABOVE WILL NOT APPLY TO YOU BUT YOU AGREE THAT THE TERMS ABOVE WILL STILL APPLY TO THE GREATEST EXTENT COMPATIBLE WITH APPLICABLE LAW.
Indemnification
User shall indemnify, defend and hold harmless Atzmi, and its employees, Coaches, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Atzmi or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by User according to this Agreement; (b) any materials that User had posted to Atzmi.com or transmitted through it, and/or any content otherwise provided by User; or (c) by any third party claiming that Atzmi or its abovementioned affiliates is in any way responsible for any actions or inactions or any events occurring or affecting User.
Notice
Any notice or other communication to be given hereunder will be in writing and given electronic mail. Any communications with Atzmi should be sent to the following address: . The date of receipt shall be deemed the date on which such notice is given.
No Assignment
User shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Atzmi. Any purported assignment by User without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
Atzmi may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, User is encouraged to check the terms of this Agreement frequently. By using the service or Website after the changes, User agrees to be bound by such changes to this Agreement or the Privacy Policy.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Israel (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Jerusalem, Israel. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Atzmi and User with respect to the subject matter hereof, and User has not relied upon any promises or representations by Atzmi with respect to the subject matter except as set forth herein. Atzmi.com’s services are not open to Users who live in a country that that prohibits, by law, regulation, treaty or administrative act, the provision of the Services contemplated by these Terms and Conditions. The failure of Atzmi to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions shall remain in full force and effect. No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
Violation
The User may report any violation of this Agreement to .
Last Updated: June 2007
Terms & Conditions -Mobile Service
Please read the following Terms and Conditions (these “Terms and Conditions”) carefully before participating in the Self Discovery Package (the “Service”), a service provided by Atzmi Knowledge Ltd. (“Atzmi”) and New Motion, Inc. and its affiliates and subsidiaries (New Motion, Inc. and its affiliates and subsidiaries, individually and collectively are referred to herein as “we,” “us,” or “New Motion”). These Terms and Conditions describe your legal rights and obligations with respect to New Motion. BY PARTICIPATING IN THE SERVICE, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS AND CONDITIONS; (II) REPRESENT THAT YOU ARE A UNITED STATES CITIZEN; AND (III) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS AND CONDITIONS. BY AGREEING TO PARTICIPATE IN THE SERVICE, YOU WILL INCUR CHARGES TO YOUR MOBILE PHONE ACCOUNT. PLEASE CAREFULLY READ THE “FEES AND OPTING OUT” SECTION BELOW FOR DETAILS. By participating in the Service, you also agree to Atzmi’s Terms of Service and User Agreement located at http://www.atzmi.com/Terms.aspx as well as Atzmi’s Privacy Policy located at http://www.atzmi.com/Privacy Policy.aspx. Please read each of the Terms of Service and User Agreement and Privacy Policy carefully before participating. New Motion the right to revise this Terms and Conditions at any time without providing notice to its users. Your participation in the Service shall be deemed irrevocable acceptance of those revisions. New Motion and/or Atzmi reserve the right to change, modify, suspend or discontinue any portion of the Service at any time.
1. Description of Services and Pricing
YOU MUST HAVE A TEXT MESSAGING-CAPABLE PHONE WITH AT&T, CINGULAR, VERIZON, SPRINT, NEXTEL, SUNCOM, OR T-MOBILE SERVICE TO PARTICIPATE. YOUR USE OF THE SERVICE WILL BE FREE FOR THE FIRST SEVEN DAYS. HOWEVER, DURING YOUR FREE TRIAL YOU WILL BE SUBJECT TO ANY STANDARD TEXT MESSAGE RATES CHARGED BY YOUR MOBILE CARRIER FOR EACH SERVICE MESSAGE YOU RECEIVE. AFTER YOUR FREE TRIAL, IF YOU HAVE NOT OPTED OUT OF THE SERVICE, YOU WILL BE CHARGED $9.99 PER MONTH FOR YOUR USE OF THE SERVICE IN ADDITION TO ANY STANDARD TEXT MESSAGE RATES CHARGED BY YOUR MOBILE CARRIER AS DESCRIBED ABOVE. AFTER YOU AGREE TO PARTICIPATE, YOU WILL RECEIVE A NEW SERVICE MESSAGE EVERY SEVEN DAYS. YOU MAY OPT OUT OF THE SERVICE AT ANY TIME BY TEXTING ANY OF THE FOLLOWING COMMANDS TO SHORT CODE NUMBER 44577: END, STOP, QUIT, CANCEL OR UNSUBSCRIBE. YOU WILL BE CHARGED FOR ALL MESSAGES YOU RECEIVE BEFORE YOU OPT OUT.
The Self Discovery Package (the “Service”) consists of the following:
- Access to a detailed report of your Atzmi Kabbalah personality test results.
- Daily emails consisting of thought-provoking insights based upon more than three thousand years of wisdom to help you on your path of personal growth and development.
- A series of informational emails written by Atzmi-certified coaches tailored specifically to you, based upon your Atzmi Kabbalah pesonality test results.
- Brief messages sent directly to your mobile phone each week, providing a few words of inspiration that can help transform the way you view a situation or feel at that minute.
- Access to the Members area of the Atzmi Website to review complete Test results, change email preferences or personal information and keep track of any communication with the Atzmi Support team.
2. Your Promises
You promise that you will not violate any terms of this Terms and Conditions, the Atzmi Terms of Service and User Agreement and/or the Atzmi Privacy Policy. Should you breach any of the foregoing policies (i) in addition to any other rights it may have at law or in equity, Atzmi and/or New Motion may immediately terminate your subscription to the Service and (ii) you may be subject to civil and/or criminal prosecution.
3. Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY NEW MOTION OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, NEW MOTION DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
4. Limitation of Liability
IN NO EVENT SHALL NEW MOTION BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF PARTICIPATION IN THE SERVICE INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF NEW MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE FOREGOING, NEW MOTION ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE INFORMATION PROVIDED BY YOU, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (B) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE SERVICE; (C) INACCESSIBILITY OR UNAVAILABILITY OF THE INTERNET; OR (D) ANY INJURY TO OR DEATH OF PARTICIPANTS WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE SERVICE OR DOWNLOAD OF ANY MATERIALS IN THE SERVICE. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO CEASE PARTICIPATION.
As some jurisdictions do not allow some of the exclusions set forth in this Section 4, some of these exclusions may not apply to you.
5. Releases
All participants, as a condition of entry into the Service, agree to release New Motion, its parents, subsidiaries, divisions, affiliates, subcontractors, attorneys, agents and advertising, promotional or other agencies, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Service or otherwise participating in any aspect of the Service. New Motion makes no representations or warranties of any kind concerning the Service.
6. Indemnity
You agree to indemnify, defend and hold harmless New Motion, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms and Conditions or any policy or guidelines referenced herein, or (ii) participation in the Service.
7. Severability
If any provision of this Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
8. Miscellaneous
The Service and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to the Service and/or the Terms and Conditions, such dispute shall be brought exclusively in a court of competent jurisdiction sitting in the County of Orange, California. The Service and participation therein is void where prohibited.
9. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at 800 387 0290.
©2007 New Motion, Inc. All rights reserved.