Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

THESE TERMS OF USE (“Terms of Use”) GOVERN YOUR (“You” or “Your”) USE OF THIS WEBSITE (“Website” or “Site”) THAT IS PROVIDED BY EGOIC LIVING, A DIVISION OF EGOIC PRESS, LLC (“Egoic Press, LLC”, “We” or “Our”). YOUR USE OF THE WEBSITE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY EGOIC PRESS, LLC AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONFIRMS YOUR ACCEPTANCE OF THE CHANGES.

The Egoic Living website (the “Site”), including but not limited to www.EgoicLiving.com and its parents, subsidiaries or affiliates, is for entertainment purposes only and is not a substitute for medical advice or treatment for any medical conditions. Promptly seek professional medical care if you have any concern about your mental or physical health.

The Site should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, consult your health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on the Egoic Living Website.

Egoic Press, LLC may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. Egoic Press, LLC may remove, modify or otherwise change any content, including that of third-parties, on or from this Site. Egoic Press, LLC may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Egoic Press, LLC may terminate your use of the Site at any time in its sole discretion.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Egoic Press, LLC or its parents, subsidiaries or affiliates.

1. Proprietary Rights.

Copyrights. All content on this Site, including but not limited to text, design, drawings, graphics, images, video, audio, media, software, other files, and their selection and arrangement (“Content”), are either Copyright © 2010 Egoic Press, LLC or are the proprietary property of affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission from Egoic Press, LLC except that you may download, print, bookmark and share content for uses that are not competitive with or derogatory to Egoic Press, LLC provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact our Copyright Agent for more information.

Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Egoic Press, LLC or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Egoic Press, LLC. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Egoic Press, LLC or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Egoic Press, LLC. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Egoic Press, LLC. Egoic Press, LLC retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

Permitted Use. You will not and will not authorize any other party to (i) Co-brand the Website, (ii) frame the Website, (iii) run any third-party ad server software while viewing the Website, without the express prior written permission of an authorized representative of Egoic Press, LLC. In these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in a manner that is reasonably likely to give the impression that such other party has the right to display, publish or distribute the Website or content accessible within the Website, “framing” means to display the Website on the same screen with a portion of another website and “third-party ad server software” means software from a third-party that causes advertisements to appear while You are viewing the Website. You agree to cooperate with Egoic Press, LLC in causing any unauthorized co-branding, framing or linking to immediately cease and to disable any third-party ad server software while viewing the Website. Operators of other websites may not maintain links to this Website without Egoic Press, LLC’s prior written consent. Egoic Press, LLC reserves the right to prohibit other websites from linking to this Website.

2. User Conduct – General.

In using this Site, you agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Websites;
(b) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Websites;
(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
(d) not to use or attempt to use another’s account, service or system without authorization from Egoic Press, LLC, or create or use a false identity on this Site;
(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(f) not to divulge your username and password to others either on or off the Site;
(g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and,
(h) not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patients particular condition or situation.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. Egoic Press, LLC makes no representation that the Site is appropriate or available for use outside the United States.

Security. Any passwords used for the Website are for individual use only. You will be responsible for the security of Your password (if any).  Egoic Living, LLC will be entitled to monitor Your password and, at its discretion, require You to change it.  If You use a password that Egoic Living, LLC considers insecure, Egoic Living, LLC will be entitled to require the password to be changed and/or terminate Your account.  You are prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Egoic Living, LLC reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Egoic Living, LLC reserves the right to investigate suspected violations of these Terms of Use.

Egoic Living, LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Egoic Living, LLC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. YOU WAIVE AND HOLD HARMLESS EGOIC LIVING, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EGOIC LIVING, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EGOIC LIVING, LLC OR LAW ENFORCEMENT AUTHORITIES.

3. User Conduct – Online Communities and Other Interactive Areas.

The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third-party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. Egoic Press, LLC reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless Egoic Press, LLC and its affiliates and parties with whom Egoic Press, LLC has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third-parties of this Site.

You expressly agree that you will not discuss or refer to any particular user, any particular user’s medical condition or any other information which could identify a particular user. You further expressly agree that you will not discuss, endorse or refer to uses of medical products or services, including any uses which have not been approved by the U.S. Food and Drug Administration or other applicable regulatory agency.

You will not post, send, submit, publish or transmit in connection with the Website any material that:

  • is defamatory or libelous;
  • You do not have the right to post, including the proprietary material of any third-party;
  • does not pertain directly to the Website;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law, regulation, or may be considered to violate any law or regulation, including all applicable health care laws dealing with patient health information;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners and/or soliciting goods or services) except as may be specifically authorized on the Website;
  • includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or
  • contains hyper-links to other websites that contain content that falls within the descriptions set forth above.

Egoic Press, LLC reserves the right to monitor use of the Website to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, You remain solely responsible for the content of Your submissions.  You acknowledge and agree that neither Egoic Press, LLC nor any third-party content provider will assume or have any liability for any action or inaction by Egoic Press, LLC or any third-party content provider with respect to any submission. You will not (i) select or use a user name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Egoic Press, LLC, in its sole discretion, deems offensive.

Further, You hereby grant to Egoic Press, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any submission (in whole or in part) worldwide or to incorporate any submission in other works in any form, media or technology now known or later developed. Except as otherwise provided in the Privacy Policy, Egoic Press, LLC will not be required to treat any submission as confidential, and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Egoic Press, LLC operations.

4. Online Communications On and Through the Site.

Except as otherwise provided in section 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such Information to Egoic Press, LLC via email or other means you grant to Egoic Press, LLC an irrevocable, non-exclusive, royalty-free, sub-licensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose.

5. Privacy Policy.

You acknowledge and agree that Egoic Press, LLC may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

6. Content, Product and Service Information – Limitations.

All content available through the Site, including but not limited to data, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for products and services are subject to change without notice, and Egoic Press, LLC reserves the right to make changes without notice to processing, materials, or configuration. Egoic Press, LLC does not guarantee that products or services listed in its online catalog will be available at the time of your order. All information on the Site is subject to the disclaimers of section 8 below.

7. Links and Third-Party Content.

Links to Third-Party Websites. This Site may from time to time contain links to other websites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Egoic Press, LLC — or responsibility for — the linked websites or any content, services or products available on or through such sites.

Links from Third-Party Websites. All links to this Site must be approved in writing by Egoic Press, LLC, except that Egoic Press, LLC consents to links in which:

(1) the link, when activated by a user, displays a page of the Site full-screen and not within a “frame” on the linked website, and
(2) the appearance, position, and other aspects of the link does not

  • create the false appearance that an entity or its activities or products are associated with or sponsored by Egoic Press, LLC or its affiliates, or
  • be such as to damage or dilute the goodwill associated with the name and trademarks of Egoic Press, LLC or its affiliates. Egoic Press, LLC reserves the right to revoke this consent to link at any time in its sole discretion.

Third-Party Content. This Site may from time to time contain material, data or information provided, posted or offered by third-parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Egoic Press, LLC nor its affiliates shall have any liability whatsoever to you for any such third-party material, data or information.

8. Disclaimers.

THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EGOIC PRESS, LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT EGOIC PRESS, LLC DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD-PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, EGOIC PRESS, LLC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD-PARTIES THROUGH THE SITE. EGOIC PRESS, LLC DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES EGOIC PRESS, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

EGOIC PRESS, LLC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EGOIC PRESS, LLC, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, EGOIC PRESS, LLC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EGOIC PRESS, LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL EGOIC PRESS, LLC OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EGOIC PRESS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnity.

YOU WILL INDEMNIFY AND HOLD EGOIC PRESS, LLC AND ITS AFFILIATES, PARTNERS, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND CONTRACTORS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS,  (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY CLAIMS ARISING FROM (a) ANY BREACH OF THESE TERMS OF USE OR A REGISTRATION AGREEMENT (IF APPLICABLE) BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, (b) YOUR USE OF THE WEBSITE OR ANY INFORMATION ACCESSED FROM THE WEBSITE AND (c) YOUR PARTICIPATION ON THE WEBSITE.  YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH MATTER, AND AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSSES, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.

11. General

Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Wisconsin.

Arbitration. Any dispute or disagreement arising between the parties under these Terms of Use or pertaining to the subject matter hereof shall be resolved by binding arbitration under the rules and procedures of the American Arbitration Association (“AAA”). Such arbitration shall be held in Milwaukee, Wisconsin before an arbitral panel selected according to the rules of the AAA. EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A TRIAL BY JURY.

Other. These terms constitute the entire agreement between you and Egoic Press, LLC governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.