EUA--FOR USE WITH eLEARNING
Truthought Theater Online by Truthought, LLC and offered at Truthought.com is an interactive, self-directed Learning Program. Truthought, LLC and Truthought.com do not provide and the Truthought Theater Online does not include individual or group therapy or counseling. You are urged to consult a licensed therapist or counselor if you believe that such services may be beneficial to either you or someone you know.

TERMS AND CONDITIONS OF TRUTHOUGHT THEATER ONLINE BY TRUTHOUGHT, LLC

Truthought Theater Online by Truthought, LLC (the “Service”) is provided via Truthought.com and by Truthought, LLC, an Illinois Limited Liability Company with offices in Roscoe, IL (the “Company”). This is a legal agreement (“Agreement)”) between you and the Company. Please read the Agreement carefully before registering for or subsquently subscribing to the Service. By clicking on the “I Accept” button below, you will become a registered user of the Service (a “Registered User”) and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Regsitered User. The Terms are subject to change by the Company in its sole discretion at any time, with or without notice. Please check the Company website, currently located at www.Truthought.com (the “Site”) periodically for changes. Your continued use of this Site or the Service after the posting of changes to this Agreement will constitute your acceptance of such changes. THE COMPANY DOES NOT PROVIDE AND THE SERVICE DOES NOT INCLUDE INDIVIDUAL OR GROUP THERAPY OR COUNSELING. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.

1. Restrictions on Use
1. Minimum Age to Use the Service. You must be at least 18 years old to become a Registered User and to use the Service. By registering for the Service, you represent and warrant that you are at least 18 years old.
2. Exclusive Use. Your account is for your use only. You may not authroize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that result from theft or misappropriation of your user names and passwords. Upon request, and only when your Employer has paid for your Use of the Service your Employer may be given your score/final scores to each session and any feedback generated by the Service.
   
2. Online Conduct: As a Registered User you acknowledge and agree that
1. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) indentified as a “Specialty Designated National,” or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in and use of the Service is void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Service.
2. You hereby acknowledge and agree that the following is the Company’s highly valuable and proprietary information. Truthought Theater Online, Thinking Barriers, Language of Irresponsibility, Tactics, Finale, Multiple Choice Questions, Video Clips, graphics, Flash Animations, audio, video or rich media content or other content provided to you by or on behalf of the Company or the Service (together “Company Confidential Information”). You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute or reproduce in any way any (i) Company Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights. You also agree not to use the Company Confidential Information except as reasonably necessary for you to use the Service in accordance with the terms and conditions hereof.
3. You are solely responsible for the (i) the information you contribute to the Service through the Log-in Process and your answers to questions and interaction in the Service where your input is solicited; (ii) the information you post or otherwise make available to Regsitered Users through the electronic posting areas offered by the Service; and (iii) your interactions with other Registered Users through the Service. 
4. The Company offers tools and skills designed to enable you to identify and enrich thinking and/or behavior processes. However, you understand that the Company makes no guarantees, either express or implied, regarding the state of your thinking or behavior, before, during, or after subscribing to the Service and completing the programs it offers. The users of the Service will not receive any therapy or counseling from any Truthought employees or any third party affiliated with Truthought as part of the program and no human intervention is included in the Service. The service does not offer therapy, counseling, diagnosis, assessment, treatment or evaluation services. The Service is not a professional therapy service and no counselors or therapists are involved in the interaction of the Service with Registered Users. The Service is not a substitute for professional therapy or counseling. You are urged to consult a licensed therapist or counselor if you believe thst such services may be benficial to you or someone you know.
5. You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
6. The Company reserves the right, but has no obligation, to monitor the information you submit to the Service and the materials you post in the public areas of the Service. The Company shall have the right to remove any such information or material that in its sole opinion violates, or may violate, an applicable law or either the letter or spirit of this Agreement.
   
3. Proprietary Rights.
1. The Company owns and hereby retains all proprietary rights in the Service and the Site. The Service and the Site contain copyrighted material, trademarks, trade secrets and other proprietary information of the Company, its licensors and other third parties. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. No rights or licenses are granted hereunder other than the limited, non-exclusive license to use the Service in accordance with the terms and conditions of this Agreement for your personal and/or your personnel’s use during the term hereof. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, or sell any Company or third party proprietary information available via the Service of the Site.
2. By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and other Registered Users an irrevocable, perpetual, no exclusive, fully-paid, worldwide license to use, copy, publicly, perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
   
4. COPYRIGHT NOTICE: Copyright 2004-2008, Truthought, LLC, Truthought.com, All Rights Reserved.
   Truthought and Truthought.com are registered trademarks of the Company. All other trademarks, trade names, service marks and service names are the property of their respective holders.
5. Confidentiality.
1. For information about the collection and possible use of information provided by you, please see the Company’s privacy statement located on the Site under “Legal Stuff.” By using the Site or the Service, you are consenting to the terms of the Company’s privacy statement.
2. The Company reserves the right to disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with any legal process, (2) protect and defend the Company’s rights or property, or (3) act in an emergency to protect someone’s health or safety.
3. Notwithstanding any other provision of this agreement or the privacy statement, the Company reserves the right, but has no obligation, to disclose any information that you submit to the Service, that in its sole opinion, the Company suspects or has reason to suspect, that the information involves a criminal act and/or a party who may be the victim of abuse of any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, sexual abuse, neglect, or domestic violence. Information may be disclosed to authoritites that the Company, in its sole discretion, deem appropriate to handle such disclosure.
   
6. Links to Third Party Websites.
   This Site may contain links to third-party sites which are not under the control of the Company, and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply that the Company endorses or accepts any responsibility for the content on such third-party site.
   
7. Disclaimer of Warrannty.
1. THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OF THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY SPECFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
2. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
   
8. Limitation of Liability.
1. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDRECT DAMAGES ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABLITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDNG WITHOUT LIMITATION BODILY INJURY, MENATAL/EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH YOU, YOUR PERSONNEL, THE COMPANY PERSONNEL, OR OTHER REGISTERED USERS.
   
9. Indemnity by Registered User.
   You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Service, your connection to the Site, your violation of this Agreement or your violation of any rights or a third party.
   
10. Complaints.
    To resolve a complaint regarding the Service, you should first contact the Company by clicking on the “Contact Us” or “How To Reach Us” button or via email to info@truthought.com.
    
11. Term and Termination
    This Agreement shall become effective upon your acceptance of the Terms by clicking on the “I Accept” button below or your use of the Site or the Services and shall remain in effect in perpetuity unless terminated hereunder. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, if in the Company’s sole discretion it believes you have violated  any Section of the Agreement by you which is brought to the Company’s attention, for any reason or no reason. In the event your access to the Service is suspended due to the break of this Agreement, you agree that all fees then paid to the Company by you shall be non-refundable and all outstanding or pending payments shall immediately be due. You and your personnel may each terminate your own access to the account by contacting the Company at the number listed on the Site or by sending written notice to that effect to the Company at the address set forth below, but unless all personnel registered-users do so the non-terminating registered-users may still use the account and may still view the account information, and the Company may continue to charge for the Service. You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of Company’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, email your request to info@Truthought.com or mail or deliver a signed and dated cancellation notice sent by mail which states that you, the buyer, are canceling this Agreement, or words to similar effect to:
    
    Truthought.com
    PO Box 222
    Roscoe, IL 61073
    
    
12. General Provisions.
1. You agree that Illinois law shall govern this Agreement, the Site and the Service and that any dispute arising out of or relating to this Agreement, the Site and the Services shall be subject to the exclusive jurisdiction and venue of the federal and state courts in the Northern Illinois District of Illinois. You acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therfore agree that the Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, perliminary injunctions and permanent injunctions without the necessity of posting a bond or other security and in addition to and without prejudice to any other rights or remedies that the Company may have for breach of this Agreement.
2. This Agreement, which you accept upon registration for the Service, and other notices of a legal nature located on the Site under “Legal Stuff,” contain the entire agreement between you and the Company regarding the use of this Service, superseding any prior agreements between you and the Company related your use of this Site (including, but not limited to, any prior version of this Agreement). Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service, the failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
13. Effective Date.
    The effective date of this version of the Terms and Conditions of Service is October, 2008.