Commitment | Terms of Use

Effective Date: As of June 22, 2009

1. Acceptance of Terms of Use

Commitment, Inc., and its subsidiaries and affiliates (collectively, "Commitment") operates a web Commitment Site and services (the "Commitment Site,”). These Terms of Use set forth the terms and conditions that apply to your use of the Commitment Site. From time to time, Commitment may supplement these Terms of Use with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, or events ("Additional Terms"), which Additional Terms may be placed on the Commitment Site to be viewed in connection with the specific content, services, products, digital products, or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use. BY USING THE COMMITMENT Site, YOU AGREE TO THESE TERMS OF USE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH COMMITMENT. If you do not agree to be bound by these Terms of Use, please discontinue your use of the Commitment Site. The Commitment Site is provided free of charge to you (unless otherwise indicated).

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Commitment Site, including but not limited to all content, services, digital products, events, tools or products is hereby expressly prohibited.

2. Registration Information/Privacy Policy

Although portions of the Commitment Site may be viewed simply by visiting the Commitment Site, in order to access the message boards and/or receive additional services from Commitment you need to sign on as a guest or register as a member of the Commitment Site. Registering as a member will allow you to access certain services that are not available to guests.

When you register for the Commitment Site, you will be required to provide Commitment with information such as your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the Commitment Site with additional information, including your mailing address, household income, education, marital status and employment status.

Any information provided by you or gathered by Commitment or third parties during any visit to the Commitment Site shall be subject to the terms of Commitment's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Commitment's Privacy Policy. Commitment reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.

3. Termination

Commitment reserves the right to terminate your membership and access to any specific content, services, digital products, products or events, if Commitment learns that you have provided Commitment with false or misleading registration information.

Commitment reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to access the Commitment Site and/or any other service, tool, specific content, digital products, products, or events provided to you by Commitment, upon any breach by you of these Terms of Use or otherwise.

4. Modifications of these Terms of Use

Commitment may modify these Terms of Use from time to time in its sole discretion. Each time you use the Commitment Site, you will be deemed to have accepted any such changes. Commitment shall have no obligation to notify you of any such changes other then posting such modifications on the Commitment Site, but Commitment reserves the right (at Commitment's discretion) to provide you notice of such changes to any e-mail address you have provided to Commitment, or post office address you have provided to Commitment.

5. Modifications of the Commitment Site

Commitment may modify or discontinue the Commitment Site, any portion thereof, or any services, tools, digital products, products or events related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

6. Use of the Commitment Site

A. Commitment Site Conduct

The Commitment Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Commitment Site. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Commitment Site. Decisions as to whether such content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on the Commitment Site. Without limitation, your use of the Commitment Site is conditioned on your compliance with the guidelines set forth in this section, and any failure to comply with such guidelines may result in termination of your access to the Commitment Site pursuant to the "Termination" section above.

You may not post or transmit any material or content on or through the Commitment Site:

that violates or infringes in any way upon the rights of others;

that solicits, encourages, or promotes the use of illegal substances or activities;

which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortuous, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;

that is protected by copyright, trademark, trade secret or any other proprietary right unless you have provided us lawful permission to do so;

that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or

that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

that is for commercial use or endeavors except those specifically endorsed or pre-approved by Commitment in writing;

You may not post or transmit on or through the Commitment Site:

advertising or commercial solicitations;

promotional materials relating to other Web Site or online services which are competitive with us and/or the Commitment Site;

software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;

political campaign materials; chain letters; mass mailings; spam mail;

any robot, spider, Commitment Site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Commitment Site or their contents; or

any material, non-public information about a company without the proper authorization to do so.

In connection with your use of the Commitment Site, you may not:

engage in, or encourage or provide instructional materials relating to, any activity on the Commitment Site that restricts or inhibits any other user from using or enjoying the Commitment Site such as "hacking," "cracking," "spoofing," or defacing any portion of the Commitment Site;

harvest or collect information about Commitment Site visitors or members without their express consent;

use the Commitment Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;

reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Commitment Site;

create a database by systematically downloading and storing Commitment Site content;

frame or mirror any part of the Commitment Site without our prior written consent;

interfere with or disrupt the operation of the Commitment Site or the servers or networks used to make the Commitment Site available; or violate any requirements, procedures, policies or regulations of such networks;

impersonate any person or entity, including any representative of Commitment;

falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Commitment Site;

modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Commitment Site; or

remove any copyright, trademark or other proprietary rights notice from the Commitment Site or materials originating from the Commitment Site.

collect under names and/or e-mail address of members or visitors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing or linking to the Commitment Site;

use the Commitment Site for chain letters, research, study or survey solutions, prank mail, spamming, commercial or non-commercial solutions or bulk commercials of any kind.

B. Content of Messages/Submissions

You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the Commitment Site, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Commitment Site that is accessible to the general public nor provide such personally identifying information to people you do not know. Commitment assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Commitment Site. Commitment further assumes no responsibility for the deletion of or failure to store e-mail messages.

You further agree that you will not use the Commitment Site to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the Commitment Site, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Commitment in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Commitment Site. Commitment reserves the right to delete any such material from the Commitment Site. Commitment will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate our Terms of Use.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Commitment. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use the Commitment Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) content on the Commitment Site is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Commitment Site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Commitment may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

Commitment is not obligated to review content posted by users prior to the content's posting to any area of the Commitment Site, including any private profile. Content posted by any user to the Commitment Site does not reflect the opinions or views of Commitment, its parent, subsidiaries or affiliates. Commitment makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Commitment members through any Commitment service.

Please note that we do not accept unsolicited materials or ideas. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Commitment Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against Commitment or our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.

By submitting content, which shall include your member name, to any "public area" of the Commitment Site, including message boards, blogs, forums, contests, public profiles, comments, chat rooms, or in response to questions posted on the Commitment Site, you grant Commitment a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Commitment Site retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE COMMITMENT SITE, YOU HEREBY EXPRESSLY PERMIT COMMITMENT TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY COMMITMENT'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

C. Interaction with Commitment Site Users

You are solely responsible and liable for (and Commitment shall not be responsible or liable for) your interactions with other Commitment Site users. Commitment is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise ("Communications"), between you and any other Commitment Site user, or any disputes arising therefrom. You agree to release Commitment, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Commitment Site user.

D. Sweepstakes and Contests

From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions and games on the Commitment Site. Each of these activities may be governed by specific rules accessible from the pages of the Commitment Site offering the promotion, which are separate from these Terms of Use. By participating in any such activities, you will become subject to those rules. Commitment urges you to read any applicable rules, which will be linked from the particular activity, and to review our Security and Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules shall control.

7. Member Disputes

You are solely responsible for any interaction with other members or visitors of the Commitment Site. Commitment reserves the right but shall have no obligation to monitor disputes between you and any other member of the Commitment Site.

8. Intrastate Nature of Communications

When you register with the Commitment Site and/or any service therein, you acknowledge that in using the Commitment services to send electronic communications, you will be causing communications to be sent through Commitment's computer networks, portions of which are located in New York and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Commitment's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Use and using the Commitment communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.

9. Third Party Services

You may order services or merchandise through the Commitment Site from other persons not affiliated with Commitment ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Commitment makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Commitment nor will Commitment be construed as a party to such transactions, whether or not Commitment may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

Commitment may include special routing icons which may be located within the Commitment Site, the activation of which will allow you to access and learn more about Commitment and other services provided by Commitment whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

10. Registration and Password

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

11. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Commitment Site infringe your copyright, you (or your agent) may send Commitment a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this web Commitment Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Commitment to locate the material on the Commitment Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Commitment a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Commitment Site should be sent to: Joel Schonfeld, Esq., 80 Wall Street, Suite 815, New York, New York 100005, or joel [at] schonfeld-weinstein [dot] com. Commitment suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE COMMITMENT SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE COMMITMENT SITE, IS AT YOUR SOLE RISK. THE COMMITMENT SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMMITMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
COMMITMENT MAKES NO WARRANTY THAT THE COMMITMENT SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE COMMITMENT SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMMITMENT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMITMENT SITE. COMMITMENT WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE COMMITMENT SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMITMENT SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT COMMITMENT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE COMMITMENT SIRE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER COMMITMENT NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE COMMITMENT SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. COMMITMENT ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
COMMITMENT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE COMMITMENT SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE COMMITMENT SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMITMENT OR THROUGH THE COMMITMENT SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
COMMITMENT MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE COMMITMENT SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COMMITMEN SITE.
COMMITMENT IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE COMMITMENT SITE. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH COMMITMENT MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST COMMITMENT WITH RESPECT TO SUCH SITES.

YOU SHALL BE RESPONSIBLE FOR THE TRUTH OF AND ALL STATEMENTS POSTED BY YOU ON THE COMMITMENT SITE, AND YOU WILL INDEMNIFYCOMMITMENT FROM ANY CLAIMS WHICH MAY ARISE FROM ANY STATEMENT YOU POST. YOU WAIVE ANY CLAIMS AGAINST COMMITMENT FOR DAMAGES ARISING FROM SUCH POSTIINGS.

13. Limitation of Liability

COMMITMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE COMMITMENT SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMMITMENT SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF COMMITMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Promotional Messages

Commitment and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Commitment makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Commitment nor such third party shall have any liability with respect thereto.

15. Indemnification

You agree to indemnify and hold each of Commitment, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Commitment Site, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

16. Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the Commitment Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.

17. Remedies for Breach of these Terms by You

In the event that Commitment determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Commitment Site, Commitment reserves the right to (i) delete any or all content provided by you or your agent(s) to The Commitment Site; (ii) discontinue your registration(s) with the t Commitment Site and/or any other Commitment community; (iii) discontinue your subscription to any digital product, product, event, content, tool or service purchased through the Commitment Site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Commitment deems to be appropriate.

If your registration(s) with or ability to access the Commitment Site, any other service, product, content, event, tool or digital product provided to you by Commitment is discontinued by Commitment due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of the Commitment Site, then you agree that you shall not attempt to re-register with or access the Commitment Site, any other Commitment community and/or any other digital product, course content or service provided by Commitment, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Commitment reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.

18. Monitoring Removal of Content

We have the right, but not the obligation, to monitor the content and use of the Commitment Site, including the message boards, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose.

We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Commitment Site, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Commitment Site properly; to protect ourselves, our sponsors, and our Members and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.

19. Permissions

If you are interested in reproducing any Commitment Site content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to:

Commitment, Inc.
80 Wall Street, Suite 815
New York, New York 10005
Attn: Permissions Department
You may fax your request to: (212) 480-0717

20. Linking To Our Site

If you are interested in linking to the Commitment Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to administrator [at] commitmentnow [dot] com.

21. Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following Web Commitment Sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Commitment does not endorse any of the products or services listed at such sites.

22. Miscellaneous

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Commitment may assign its rights and obligations under these Terms of Use and upon such assignment Commitment may be relieved of any further obligation hereunder.

You represent to Commitment that you have the authority to register with or visit the Commitment Site according to these Terms of Use. Commitment does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the Commitment Site and does not permit anyone under the age of 13 to become a member of the Commitment Site.

These Terms of Use constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Commitment, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Commitment reserves the right to terminate free access to the Commitment Site including any or all content, services, digital products, products, events, or tools with or without notice to you. Commitment reserves the right (at Commitment's discretion) to provide you with notice of such change by prominently posting a notice on the Commitment Site and/or sending written notice to you at any e-mail and/or post office address you have provided to Commitment. Once free access is terminated Commitment may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Commitment Site and/or any for-pay content, services, digital products, products, events, tools or products.