Crucible® Website Complex
January 1, 2010
The Crucible Internet Website Complex is a suite of web sites addressing personal development and interpersonal relationships related to differentiation. These include CrucibleInstitute.com, Crucible4Points.com, CrucibleTherapy.com, PassionateMarriage.com, and DesireBook.com and are subject to change.
Services offered by the Crucible Website Complex include the websites, content and materials, applications, publishing, research, questionnaire comparison display, forum and messaging service, social community, and other features offered in connection with this Website (collectively, the "Crucible Website.").
The Crucible Website is managed by The Crucible Institute, in conjunction with the Marriage & Family Health Center of Evergreen Colorado (hereafter also referred to as "we" and "us").
As a Registered User of the Crucible Website, you will be able to create a user profile for yourself, post entries in our discussion forums, correspond with other Registered Users, purchase items from our store, and receive from us information about new developments in our approach, our products and services, changes to the Crucible Website, and differentiation-related matters.
The Crucible Website reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you.
By using the Crucible Website Services, you represent and warrant that (a) you are 18 years of age or older; (b) all registration information you submit is truthful and accurate; (c) and you will maintain the accuracy of such information; (d) your use of the Crucible Website does not violate any applicable law or regulation. Use of the Crucible Website and becoming a Registered User is void where prohibited.
Registered User status on the Crucible Website is currently free. However, you acknowledge that we reserve the right to charge for this service at some future time, and change fees from time to time at our discretion. You will be notified if we make any fee changes.
When signing up as a Registered User, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password, and any and all use of your account. You agree not to disclose your password to any third party, and not to use the account, username, or password of another Registered User at any time. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
5. Personal responsibility
You agree to be careful regarding the information you post or provide to other Users on the Crucible Website. You understand this website contains features that permit Registered Users to exchange personal information with other Registered Users, such as demographics, personal preferences, and survey results among other things. You will have control of, and agree to take responsibility for, any personal information you display on your “personal page,” or any information you release to another Registered User through our “confidant” system. you should not include or release telephone numbers, street addresses, last names, or other information that would allow others to locate or contact you without your consent.
Your may not post photographs, videos, or other materials containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. If you choose to post information to the Crucible Website, you agree to provide only true, accurate, current and complete information, without any attempt to mislead. You are solely responsible and liable for postings delivered to this website using your account. Any violation of these provisions may subject your account, permission to use the Crucible Website, and any licenses to use the materials on the Crucible Website, to immediate termination and, possibly, further legal action.
You acknowledge that postings provided by other Registered Users may contain inaccurate or misleading information, inappropriate, offensive or sexually explicit material, or offerings of products or services. We assume no responsibility or liability for any such occurrences. If you become aware of any misuse of the Crucible Website, please contact us at Service@CrucibleInstitute.com
6. Only non-commercial Use of Website by Registered Users
The Crucible Website is provided to Registered Users for non-commercial personal uses only, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing, in advance, by us. Illegal and/or unauthorized use of the Crucible Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Crucible Website is prohibited. Research or monitoring conducted by you without our prior written permission is also prohibited. Commercial advertisements, offering mental health or counseling services for profit or non-profit, affiliate links, and other forms of solicitation are prohibited, and may be removed from a Registered User’s profile or postings without notice, and may result in termination of Registered Users privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Crucible Website.
Our registration forms asks you for contact information (like name or email address) and demographic information (like zip code or age). You must provide this information in order to become a Registered User. You also have the option of providing more extensive information about yourself in your personal profile. We may use contact and other information you give us to better tailor your website experience to your interests, and to send you information about services and promotional material on behalf of the Crucible Institute or The Marriage & Family Health Center. We may use the information you provide to show you content in which you may be interested and to display content according to your preferences. In addition, we may use this information on an aggregate or other basis that does not disclose your identity or contact information. You can modify or remove personal information you have provided by modifying your password-protected Registered User information on the Crucible website, and deleting information from your personal profile.
This Website may contain links to websites operated by third parties. A link to a third-party site does not constitute or imply endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. We do not monitor or control the linked sites and make no representations and have no liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any content uploaded, displayed, or distributed, or products, or services available at these sites. You access any third party site at your own risk.
9. Submissions Policy
We do not claim exclusive ownership rights in content you post on the Crucible Website. You continue to retain ownership rights in such content, and you continue to have the right to use your content in any other way you choose, including licensing your content to others in addition to us. You agree that anything you submit to the Crucible Website (whether solicited or unsolicited), including, without limitation, information, writings, posted documents, blogs, forum postings, questions, ideas, artwork, comments, or suggestions, is and will be treated as non-confidential, without any obligation of confidentiality, and we will not be liable for any use or disclosure.
Personal information you enter into your personal page and responses you make in surveys and questionnaires will remain confidential unless and until you release this information to another User on the Crucible Website. You agree that any personal information you release on or through the Crucible Website is and will be treated as non-confidential, without any obligation of confidentiality, and we will not be liable for any use or disclosure
By displaying or publishing ("posting") any content on or through the Crucible Website, you hereby expressly grant to the Crucible Website and us, for any submissions or portions of any postings you make in any form, a royalty-free and fully-paid, perpetual, irrevocable right to use, post, translate, reuse, modify, alter, edit, adapt, display, archive, perform, reproduce, disclose, distribute, transmit, publish, broadcast, create derivative works, or otherwise distribute for any reason, alone or as a part of other works in any form, medium or technology now known or later devised, and you waive all rights in such use.
You represent and warrant that any content you post: (A) is original by you and/or you have the right to grant the license set forth above, and (B) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any copyrights or other intellectual property rights, contract rights, rights of publicity or privacy or any other rights of any person. (C) You agree to pay all royalties, fees, and other monies owing any person by reason of any content posted by you.
10. Posted Content
You are solely responsible for content you post on or through any of the Crucible Website, for any material or information you transmit to other Users, and for your interactions with other Users. Materials placed online by users may not represent the views or opinions of the Crucible Website, the Crucible Institute, Dr. David Schnarch, the Marriage & Family Health Center or affiliates or staff. User postings may not contain an accurate representation of Crucible® Therapy or the Crucible Approach®. Content that appears on the Crucible Website does not constitute an endorsement of that content, and we make no warranties, express or implied, as to the truthfulness, accuracy, or reliability of any postings or any material or information transmitted by Users.
Except for content posted by you, you agree not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Crucible Website. You understand and agree that purchasing access to Crucible Brains, survey questionnaires, or other materials displayed on or through the Crucible Website does not permit you to copy, reproduce or distribute these materials. Moreover, you understand and agree that all violations of copyrights, trademarks, and other intellectual property rights pertaining to the Crucible Website shall be subject to legal prosecution, as well as termination of access to the Crucible Website, and termination of any licenses to use materials or services on or through the Crucible Website.
11. Prohibited Content
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Crucible Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including (but not limited to) removing offending content from the Crucible Website and terminating his or her User registration. Prohibited content includes, but is not limited to content that, in our sole discretion:
A. is patently offensive and promotes racism, bigotry, malicious or demeaning use of stereotypes, hatred or physical or emotional harm of any kind against any group or individual, particularly concerning gender, sexual orientation, race, religion or nationality.
B. promotes information you know is false or misleading,
C. harasses or advocates harassment of another person;
D. exploits people in a sexual or violent manner;
E. contains nudity, violence, or offensive subject matter or contains a link to an “adult” (sexually oriented) website;
F. solicits personal information from anyone under 18;
G. provides the telephone numbers, street addresses, last names, URLs or email addresses of other individuals or oneself;
H. solicits passwords or personal identifying information for commercial, unlawful, or prohibited purposes from other Users;
I. promotes illegal or dangerous activities or conduct that is abusive, threatening, obscene, defamatory or libelous, or designed to shock or disgust.
J. promotes an illegal or unauthorized copy of another person's copyrighted work, or pirated computer programs, music, photos, or video, or links to such pirated materials;
K. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) on the Crucible Website or other web sites;
L. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
M. involves transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
N. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone's privacy, making or buying illegal weapons, or providing or creating computer viruses;
We reserve the right, in our sole discretion, to investigate and take appropriate legal action without limitation against anyone who violates the above provisions, or engages in illegal or prohibited activity on the Crucible Website.
12. Prohibited Activities
A partial list of prohibited activities includes, but is not limited to:
A. Promoting an illegal or unauthorized using, copying, or scoring of the survey and evaluations appearing on or distributed through the Crucible Website.
B. Using the Crucible Website in a manner inconsistent with any and all applicable laws and regulations (local, state, federal, or international law or regulation). This includes criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; postings to or through the Crucible Website, or any postings which advocate illegal activity.
C. Delivering, or providing links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
D. Using any information obtained from the Crucible Website to harass, abuse, or harm another person. Delivering, or providing links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
E. Delivering any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy. Delivering any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
F. Performing any commercial activity on or through the Crucible Website on your own behalf or for others. This includes placing advertisements or commercial content in your profile, sending private messages or posting forum entries, chat, blogs, announcements or events with a commercial purpose,
G. Transmitting any unsolicited advertisement, promotional materials, junk email, bulk email (“spam”), chain letters, surveys or contests, or soliciting participation in any pyramid schemes to other Users.
H. Delivering, or providing links to, any postings containing defamatory, false or libelous material.
I. Advertising or soliciting any User to buy or sell any products or services. Also, using any information obtained from the Crucible Website to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
J. Attempting to gain unauthorized access to the Crucible Website, or other accounts, computer systems, or networks connected to the Crucible Website or the Crucible Institute, through hacking, password mining, or any other means.
K. Automated use of the Crucible Website, such as scripts to send comments or messages.
L. Using the Crucible Website in any manner which could damage, disable, disrupt, overburden, or impair or otherwise interfere with the use of the Crucible Website or the networks or services connected to it; or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
M. Attempting to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopting a false identity to mislead, deceive, or defraud.
N. Using the account, username, or password of another Registered User at any time, or disclosing your password to any third party, or permitting any third party to access your account;
O. Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Crucible Website, including harvesting or otherwise collecting information about other Users such as email addresses.
P. Disguising the origin of any posting you deliver, such as manipulating identifiers by forging headers
13. No posting of copyrighted materials
You agree not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate Registered User privileges of any Registered User who intentionally or repeatedly infringes the copyright rights of others.
14. Copyright and trademark notice
“4 Points of Balance,” “Crucible 4 Points of Balance”, “Solid Flexible Self”, “Quiet Mind–Calm Heart”, “Grounded Responding”, Meaningful Endurance”, “Crucible4Points.com”, “Crucible Website”, "Crucible", "Crucible Approach", “Crucible Institute”, “Crucible Therapy”, "Sexual Crucible", Sexual Crucible Approach", "Passionate Marriage", "Passionate Couples", and "Intimate Proposals" are trademarks owned and pending by David Schnarch, Ph. D. Becoming a Registered User of the Crucible Website does not sanction you to advertise or represent yourself as a practitioner, provider or representative of the Crucible® Institute, the Marriage & Family Health Center, Crucible® Therapy, the Crucible® Approach to psychotherapy, or the Passionate Marriage® Approach to relationship enhancement. Training in the Crucible and Passionate Marriage Approaches can only be provided by the Crucible Institute and designated staff.
The Crucible Institute owns extensive proprietary content on the Crucible Website. This includes but is not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, logos, titles, names, and button icons (collectively “Intellectual Property”). Our Intellectual Property is protected by copyright, trademark, patent, trade secret and other laws of the United States, as well as international conventions and the laws of other countries. The Crucible Institute owns and retains all rights in this content, the Crucible Website. You may not use any of our Intellectual Property for financial gain in commercial or non-commercial activities,
The Crucible Website hereby grants you a limited, non-exclusive, revocable, nonsublicensable license to display the Crucible Website content on your computer, solely for your personal use.
15. Registered User Disputes
You are solely responsible for your interactions with other Registered Users. We reserve the right, but have no obligation, to monitor disputes between you and other Registered Users.
(A) Crucible WEBSITE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE Crucible WEBSITE OR IN CONNECTION WITH Crucible WEBSITE SERVICES, INCLUDING (BUT NOT LIMITED TO) THOSE CAUSED BY Crucible WEBSITE USERS OR BY EQUIPMENT OR PROGRAMMING UTILIZED BY Crucible WEBSITE.
(B) PROFILES CREATED AND POSTED BY REGISTERED USERS MAY CONTAIN LINKS TO OTHER WEBSITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON OTHER WEBSITES, AND IN NO WAY ARE SUCH WEBSITES INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS. INCLUSION OF ANY LINKED WEBSITE ON THIS WEB SITE DOES NOT IMPLY ANY APPROVAL OR ENDORSEMENT. YOU ACCESS THESE THIRD-PARTY SITES AT YOUR OWN RISK. WE HAVE NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS POSTED ON THIS WEBSITE, OR FOR GOODS OR SERVICES PROVIDED BY THESE ADVERTISERS.
(C) Crucible WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF Crucible WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE Crucible WEBSITE, ATTENDANCE AT Crucible WEBSITE EVENTS, FROM ANY CONTENT POSTED BY ANY USER, OR FROM THE CONDUCT OF ANY USERS OF THE Crucible, WHETHER ONLINE OR OFFLINE.
(D) WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR REGISTERED USER COMMUNICATION. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE Crucible WEBSITE
(E) WE ASSUME NO RESPONSIBILITY FOR ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE Crucible WEBSITE.
(F) THE Crucible WEBSITE AND SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF Crucible WEBSITE SERVICES.
18. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT WE LIMIT OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
EXCEPT WHERE PROHIBITED: YOU AGREE THAT IN NO EVENT SHALL Crucible WEBSITE, THE CRUCIBLE INSTITUTE, Dr. DAVID SCHNARCH, THEIR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS WEBSITE AND ITS CONTENTS, BE LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY ACTION OR TREATMENT BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEB SITE. THIS WEB SITE AND ITS CONTENT IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL MEDICAL, THERAPEUTIC, LEGAL, FINANCIAL OR OTHER ADVICE. IN PARTICULAR, ANY CONTENT POSTED (INCLUDING CHAT, FORUM ENTRIES AND RESPONSES, ARTICLES, E-MAIL CORRESPONDENCE, BLOGS AND INSTANT MESSAGING) BY Crucible WEBSITE, CRUCIBLE INSTITUTE, THE MARRIAGE & FAMILY HEALTH CENTER, DR. DAVID SCHNARCH, AND AFFILIATES AND STAFF, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED AS A SUBSTITUTE FOR ADVICE OR TREATMENT THAT MAY OR SHOULD BE PRESCRIBED BY YOUR PHYSICIAN OR THERAPIST. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, OR BEFORE ADHERING TO ANY INFORMATION OR RECOMMENDATIONS YOU FIND ON THIS WEB SITE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST.
YOU ACKNOWLEDGE YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE AND/OR INTERACTIVE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL CONTENT, INCLUDING INFORMATION, TEXT, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE OR INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” "WITH ALL FAULTS" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE WITH REGARD TO SUITABILITY ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS OR USEFULNESS OF ANY CONTENT CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE.
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, OR ADEQUACY OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED ON THIS WEBSITE OR IN THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING IN THE COURSE OR PERFORMANCE OR USAGE OF A TRADE), WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING FROM ANY ALTERATIONS OR DELETIONS WE MAKE TO POSTINGS EVEN WHEN WE ARE ADVISED OF THE POSSIBILITY OF DAMAGES ARISING FROM THIS.
THIS WEB SITE MAY BE UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF EQUIPMENT. WE SHALL NOT BE RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
IN NO EVENT SHALL Crucible WEBSITE, CRUCIBLE INSTITUTE, THE MARRIAGE & FAMILY HEALTH CENTER, DR. DAVID SCHNARCH, OR THEIR AFFILIATES OR STAFF, BE LIABLE FOR ANY LOSS OR INJURY TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. ARISING OUT OF CONTENT OR CORRESPONDENCE CONTAINED ON OR TRANSMITTED THROUGH THIS WEB SITE. We MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Crucible WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
In any dispute about or involving you and the Crucible Website or Crucible Website services, you agree the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, City of Denver. Either we or you may demand that any dispute between us and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Denver, Colorado, USA, provided that this shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT BY ACCESSING THE CRUCIBLE WEB SITE, I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.