Scope of Terms and Conditions
These terms and conditions apply to your use of all the sites and services owned or operated by Clairvoyance Foundation LLC and affiliated companies, including companies controlled by Mary A. Kirby and/or Gracie Uchida (collectively "we," "us," or "our"), including clairvoyancefoundation.com, and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links.

Restrictions on Use of Materials
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us—and from all other entities with an interest in the relevant intellectual property—may you publish, display or commercially exploit any material from the Sites.

You must abide by all additional copyright notices or other restrictions contained in any of the Sites.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. You may not take any action to interfere with, or disrupt, the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
 

Links
These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Other sites may link to any of the Sites only through a plain-text link to the home page of such Site. Permission must be granted by us for any other type of link to the Sites. To seek our permission, you may write to Clairvoyance Foundation LLC, 2900 Gordon Avenue, Suite 100-2G, Santa Clara, CA 95051. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.

Submissions
We welcome your comments about any of the Sites. However, unless a Site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.

If you are submitting something to a Site that has set up a submissions policy, please consult that site for its specific requirements.

Forums
A "forum" means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum and comply with the House Rules or other acceptable use policy. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate Clairvoyance Foundation LLC policies, these Terms and Conditions or any other agreements between the user and Clairvoyance Foundation LLC and/or its related entities. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.

You are not entitled to any compensation for any materials you may post on the Sites.

Registration
If you access the Sites anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Sites, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Screen names or IDs may not be offensive, deceptive or violate any other party's rights. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms and conditions of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.

No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission
Some of the information available on the Sites concerns the topic of sex and may not be appropriate for children. Further, the Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.

Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Indemnity
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Jurisdictional Issues
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the California Arbitration Association and will be arbitrated in Santa Clara, California. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Sites by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Sites for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Sites.

If you believe any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:

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 copyrighted 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, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

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; and

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.

All DMCA notices should be sent to our designated agent as follows:

We are committed to protecting the privacy and security of the users of our sites.

This privacy policy will advise you about our guidelines concerning the use of your personal information, including, without limitation, the reasonable efforts we make to protect your personal information in accord with these guidelines, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our sites. We will post those changes here so that you will always know our policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly.

If you have any questions or concerns about our privacy policy, please email us or contact us at Clairvoyance Foundation LLC, 2900 Gordon Avenue, Suite 100-2G, Santa Clara, CA 95051; (408) 517-9169.

Scope of Privacy Policy
This policy applies to your use of all the sites and services owned or operated by Clairvoyance Foundation LLC, and affiliated companies, including companies controlled by Mary A. Kirby and/or Gracie Uchida (collectively "we," "us," or "our"), including clairvoyancefoundation.com, and any other site that we may own or operate currently or in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in this policy include all such sites. This policy does not apply to your use of unaffiliated sites to which any of the Sites only link. This policy covers only information collected on the Sites and does not cover any information collected offline by us.

Personal Identification Information
We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for clairvoyancefoundation.com, our contests, sweepstakes, promotions, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors' requests for free products or services, or additional information (including via e-mail to us), and in connection with other activities, services or resources we make available on any of our Sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we reasonably endeavor to ensure that we never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission (through opt-in or similar procedures) except as provided for herein or otherwise as permitted or required under law. Further, Clairvoyance Foundation LLC may contact you based on the information you provide online whether in connection with your registration or in such places as the above described forums.

If you do provide us with personal information for any of these activities, we may use it to conduct the activity. We may also use cookie technology and Web beacons (discussed in detail below) to improve your experience of these activities, including to remember your preferences, customize the content and advertisements that you see or authenticate your access to your personal information. In addition, in the event that your personally identifiable information is requested as part of our surveys, polls or promotions, such personally identifiable information may be added to your registration information.

We may also contact you to confirm your registration and about your account status (for example, when a child enters a new age group to which different policies apply), and regarding changes to the Sites' Terms and Conditions and this Privacy Policy.

If you give us your permission, we may also use personal identification information for internal or external marketing and promotional purposes. On occasion, for example, we may send you e-mails to introduce a product or a service that we think might be of interest to the users of our Sites. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. If you do "opt-in," you may choose to "opt-out" at any time, even after you have provided personal information, by following the procedures set forth below at the end of this Privacy Policy. Please note, however, that under certain circumstances, if you initially do not choose to "opt-in," or if you later "opt-out," you may not be eligible for certain benefits for which a name, e-mail address, telephone number or other personal identification information is needed.

We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division, or other fundamental corporate change. We may provide access to your personally identifiable information to our contractors who are performing services for us in connection with our Sites or the services that you have requested.

In addition, on occasion, we may collect personal identification information from you in connection with optional contests, special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such information.

Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions.

Please note that if you give out personal information online—for example, on one of our public forums such as a message board or chat room, folder, chat IM feature—that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you post in these forums and have no control over how such third parties may use your information. You disclose such information at your own risk.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.

Privacy of Children
We understand that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.

The Sites are not directed to children under the age of 13. We prohibit registration by children under the age of 13 for all interactive portions of the Sites including chats and message boards. We will not knowingly collect personally identifiable information from children under 13.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Links to Other Sites
Users will find advertising or other content on our Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

Security Policy
Protecting your privacy and your information is a top priority. Our domain and web host, GoDaddy.com, and our online payment affiliate, PayPal.com, have taken reasonable measures to secure online information and their physical premises. They exercise reasonable care in providing safe transmission of your information from your PC to their servers (unless sent by a means outside of our control, such as e-mail). However, they or we cannot guaranty that our measures will completely bar unauthorized access to your information, and by using the Sites you assume this risk.

Choice/Opt-Out
If you "opt-in" to receive information from us or others, you can change your mind later. If at any time you would like to stop receiving such information or opt-out of a feature, you may go back to clairvoyancefoundation.com and change your options. You should be aware, however, that it is not always possible to completely remove or modify information in our affiliates' databases and servers, although they and we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this policy.

Consent to Transfer
The Sites are operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Website, participating in any of our services and/or providing us with your information, you consent to this transfer.

Your Acceptance of These Terms
By using any of the Sites, you signify your acceptance of our Privacy Policy, your promise to comply with the representations you make and contained in the Privacy Policy and Terms and Conditions, and your understanding of the scope and limitations of the protections provided under the Privacy Policy and Terms and Conditions. If you do not agree to these policies, please do not use our Sites. Your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes.

(Created on June 1st, 2008)

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