Terms of Service

Terms of Use Agreement – HooplaHa.com/Only Good News, LLC

1. Introduction.

Welcome to the HooplaHa.com (“HOOPLAHA.COM”) web site (the “Site”). PLEASE READ THESE TERMS OF USE BEFORE USING THE SITE. By accessing or using the Site, you are agreeing to comply with and be bound by the following Terms of Use. This Site is intended for entertainment purposes only and for users 13 years of age or older. If you are between the ages of 13 and 17 years old, please make sure to have your parent or legal guardian review and discuss these Terms of Use with you as well as HOOPLAHA.COM’s Privacy Policy and any other legal notices posted on this Site. If you do not agree to these Terms of Use and/or not yet 13 years old, please do not view, access, or otherwise use this Site.

The terms “HOOPLAHA.COM” or “us” or “we” or “our” refers to Only Good News, LLC, the owner of the Site, and its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site. The terms “use” or “using” in this agreement refers to any time when an individual (a “user”), directly or indirectly, (a) accesses or attempts to access, displays, views, prints or copies from the Site, (b) receives, transmits or exchanges data with the Site or with the Site’s users, (c) registers an account with the Site or registers for a HOOPLAHA.COM class via the Site, or (d) in any way utilizes, benefits from, or interacts with any feature, function, service of the Site for any purpose.

2. Modifications.

HOOPLAHA.COM reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you. HOOPLAHA.COM will post any updates to the Terms of Use on our Site. Please review the Terms of Use periodically. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.

3. Accounts and Registrations.

Certain sections of, or offerings from, the Site may require you to create an account by registering a unique user/log in name and password in order to access and/or use certain features, functions or services of the Site. If registration is requested, you agree to provide us with accurate, complete registration information. Please read our Privacy Policy, which describes the personal information we collect, use, manage, disclose and store. Each registration is for your personal use only. You may not allow any other person or entity to use your account information including your user/log in name or password for any reason. HOOPLAHA.COM is not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user/log in name or password. In the event you become aware of or believe there was or is any unauthorized use of your account including your user/log in name or password, you must notify us immediately by email at: info@hooplaha.com.

We reserve the right to terminate or suspend your account or ability to use or access the Site or any portion thereof for failure to comply with these Terms of Use, the Privacy Policy or any other legal notices on this Site, for infringing any copyright, trademark, or other intellectual property, or for any reason whatsoever.

4. Ownership of Intellectual Property.

The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, including, without limitation, the sequence, arrangement, and selection thereof, and all trademarks, service marks, and trade names (individually or collectively the “Materials”) are the property of HOOPLAHA.COM and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected, without limitation, pursuant to United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties. The copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any Materials or other content viewed or accessed through the Site.

5. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the Site strictly in accordance with these Terms of Use, the Privacy Policy or any other legal notices on this Site; (b) to use the Site solely for personal and non-commercial purposes; and (c) to print out or copy discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6. Forums/Chat Rooms/Message Boards.

Portions of this Site may permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Post,” “Posting,” or “Postings”). You acknowledge, understand and agree that you may not post if you are under the age of 13 years old. You also acknowledge, understand and agree that you are solely responsible for any Posting including any consequences thereof.

In the event you originate and/or submit, upload, or otherwise transmit a Posting onto the Site or a Posting originates and/or is submitted, uploaded or otherwise transmitted from your account, you acknowledge, understand and agree that:

(a) The Posting must not contain any personal information to identify you, your account or any user of the Site;

(b) The Posting must comply with and not violate the Terms of Use, the Privacy Policy, and any legal notices on this Site including but not limited to Section 7 below;

(c) The Posting must not contain any other information or content that HOOPLAHA.COM considers in its sole discretion to be inappropriate for the Site;

(d) The Posting must not contain any personal attacks on any person, entity, or user;

(e) You represent and warrant that you possess any and all necessary rights in and to the Posting or Postings;

(f) The Posting must not infringe any legal, proprietary, intellectual property or other rights of person, entity, user, or third parties;

(g) Although free speech is permitted and encouraged, any Posting must not contain hate speech of any kind including, without limitation, speech that attacks, insults, or demeans a group of persons based on their race, sexual orientation, gender, age, disability, ethnicity, or veteran status;

(h) HOOPLAHA.COM possesses the right to change, use, delete, exploit and distribute the Posting in any manner and at our sole discretion;

(i) HOOPLAHA.COM shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting;

(j) Any and all Postings shall become the property of HOOPLAHA.COM and you authorize HOOPLAHA.COM to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity; and

(k) You are 13 years of age or older.

HOOPLAHA.COM reserves the right but does not monitor, endorse, edit or screen any Postings. Postings do not necessarily reflect the views or opinions of HOOPLAHA.COM. You acknowledge, understand and agree that HOOPLAHA.COM shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.

At our sole discretion, HOOPLAHA.COM reserves the right at any time and without any limitations to (a) delete and remove any Postings, (b) refuse to allow you or any user to post, (c) revoke your or any user’s right to post or use the Site, and (d) use any means or mechanisms necessary to enforce these Terms of Use, the Privacy Policy or any other legal notices on this Site

If you believe or have reason to believe that any Posting violates the Privacy Policy, the Terms of Use, or any legal notices on this Site, please notify us immediately by email with sufficient information to identify the Posting at: mperez@my-gym.com.

7. Rules of Conduct.

You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of the Site including your account information such as your user/log in name and password. Your access and use of the Site and any information or Materials therein (collectively defined as “Content and Materials”) are subject to all applicable United States federal and state as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree your access and use of the Site and any Content and Materials therein are also subject to the following rules of conduct:

(a) HOOPLAHA.COM reserves the right to review, edit, reject, refuse, or delete any Content and Materials from the Site at any time;

(b) HOOPLAHA.COM reserves the right to review, edit, reject, or delete any text, information or other content you post, submit, upload or otherwise transmit to the Site;

(c) You may not transmit, copy, distribute, post, upload, or reproduce in any way, trademarks, service marks, copyrighted materials, or other proprietary or trade secret information without first obtaining written consent of the owner of such intellectual property, trade secret, or other proprietary information;

(d) You may not post, submit, upload or otherwise transmit any graphics, text, messages, Posts, photographs, images, audio or video files, artwork or other content or information onto the Site that:

(1) contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;

(2) infringes or violates the right of any individual or entity including, without limitation, (i) any right of privacy, (ii) any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or (iii) any contractual rights;

(3) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;

(4) constitutes hate speech;

(5) has a commercial or business related purpose or content;

(6) contains unlawful information; and

(7) does not generally relate or is inconsistent with any discussion, topic or theme of any of the Site’s forums, chat rooms, message boards, or online communities.

(e) You understand and agree that HOOPLAHA.COM has the right at any time to disclose any information, including any user’s personal information, which is necessary to comply with or satisfy any law or valid governmental request. This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena;

(f) You may not create compilations or derivative works of any Content and Materials from the Site;

(g) You may not remove, change, obscure, or otherwise alter any copyright notice or other proprietary notice or Terms of Use contained in the Site;

(h) You may not use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;

(i) You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States;

(j) You may not interfere or attempt to interfere with the working or functionality of the Site or any activities conducted on the Site;

(k) No spamming. You may not post, submit, upload or otherwise transmit large amounts of repetitive or untargeted content. You may not create false or misleading descriptions, thumbnails, tags, or titles to increase views; and

(l) You may not access, view or otherwise use this Site if you are not yet 13 years of age.

8. Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. You understand, agree, and acknowledge that HOOPLAHA.COM is not responsible or liable for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

9. Contests, Sweepstakes, Promotions, and Other Activities.

Periodically, HOOPLAHA.COM, its advertisers or sponsors may conduct contests, sweepstakes, promotion or otherwise similar activities on or through the Site (“Contest”). Each Contest may be governed by its own set of rules and/or terms, which will be posted on the Site or otherwise made available to you and, for each Contest, will be deemed incorporated into and form a part of these Terms of Use. To the extent any rules or terms for a particular Contest conflict with these Terms of Use, the rules or terms of the particular Contest for which you choose to participate govern. You understand, agree and acknowledge that you may not participate in any Contest if you are not at least 13 years of age.

10. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site including, without limitation, Postings, advertising or sponsorship, or hyperlinks. You understand, agree and acknowledge that HOOPLAHA.COM is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand, agree and acknowledge that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect HOOPLAHA.COM’s beliefs or opinions.

11. Links to Other Websites.

The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites, and no information in such websites has been endorsed or approved by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. If you decide to leave our Site and access these third party websites, you do so at your own risk. These third party websites may also have privacy policies different than our Privacy Policy. You understand, agree and acknowledge that HOOPLAHA.COM shall not be responsible or liable for any direct, indirect, incidental, special or other damages caused by or related to the transmission, exhibition, exploitation or distribution of any information or content contained within or by these third party websites.

12. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You must review this Privacy Policy by clicking on this link.

13. Errors, Corrections and Changes.

HOOPLAHA.COM does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any text, videos, photographs, postings, audio files, information or other content appearing on the Site.

14. Unlawful Activity.

HOOPLAHA.COM reserves the right to investigate complaints or reported violations of this Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

15. Copyrights and Copyright Agents.

HOOPLAHA.COM respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your name, physical address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

HooplaHa.com/ Only Good News, LLC

Attn: Rob Hess- Copyright Agent

Email address: RHess@hooplaha.com

Upon receipt of the proper information from you that complies with the above requirements under the DMCA, HOOPLAHA.COM will investigate your claim. If HOOPLAHA.COM determines the material or works you described constitutes a copyright infringement, HOOPLAHA.COM will remove, disable access, and/or take down the infringing materials. HOOPLAHA.COM will notify the individual or entity that uploaded the infringing materials and permit them (the “Counter-Notifier”) to provide a counter-notification in writing to HOOPLAHA.COM’s designated copyright agent under the DMCA. The counter-notification must be written and include the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the work that has been removed or to which access has been disabled and the location where the work appeared before it was removed or access to it was disabled;

(c) Counter-Notifier’s name, physical address, telephone number, and email address;

(d) A statement by the Counter-Notifier consenting to the jurisdiction of a federal district court for the judicial district in which the Counter-Notifier’s physical address is located, or if the Counter-Notifier’s physical address is outside the United States, for any judicial district in which HOOPLAHA.COM may be found, and that Counter-Notifier will accept service of process from the person who provided notification of allegedly infringement or agent of such a person; and

(f) A statement by the Counter-Notifier, made under penalty of perjury, that he/she/it has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

16. Indemnification.

You understand, acknowledge and agree to be responsible for maintaining the confidentiality of your account information including but not limited to your user/log in name and password and for your account activity. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, and product and service providers (collectively, "Affiliated Parties") harmless from any liability, loss, claim, damages, costs and expense (including, without limitation, to reasonable attorney's fees and costs) arising out of or related to your use of the Site, your account information and activity for and through the Site, or violation of these Terms of Use, Privacy Policy, and any legal notices on this Site. HOOPLAHA.COM reserves the right to hire our own separate legal counsel as well as assume or take exclusive control and defense of any matter subject to indemnification by you.

17. No Medical Advice.

HOOPLAHA.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION OR MATERIALS PRESENTED ON THIS SITE, WHICH ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY. ANY TEXT, VIDEOS, PHOTOGRAPHS, IMAGES, ARTICLES, DOCUMENTS, AUDIO OR VIDEO FILES, OR OTHER CONTENT FOUND ON THE SITE SHOULD NOT BE RELIED UPON OR SUBTITUTED FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. PLEASE CONSULT YOUR PHYSICIAN BEFORE USING OR BEGINNING ANY EXERCISE PROGRAM OR TECHNIQUE. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL “911” IMMEDIATELY. HOOPLAHA.COM DOES NOT ADVISE THAT YOU SHOULD UNDERTAKE ANY PARTICULAR EXERCISE OR TECHNIQUE PRESENTED ON THIS SITE INCLUDING, WITHOUT LIMITATION, BY OTHERS APPEARING ON THIS SITE SUCH AS EXPERTS, DOCTORS, OR FITNESS TRAINERS OR ANY USER ON THIS SITE.

RELIANCE ON ANY INFORMATION OR MATERIALS PRESENTED ON THIS SITE BY HOOPLAHA.COM, OTHERS APPEARING ON THE SITE, OR USERS OF THE SITE IS SOLEY AT YOUR OWN RISK. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT HOOPLAHA.COM AND THE AFFILIATED PATIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE MATERIALS OR INFORMATION PRESENTED ON THE SITE INCLUDING, WITHOUT LIMITATION, ANY ADVICE OFFERED FROM ANY USER OF THE SITE OR OTHERS APPEARING ON THE SITE. YOUR USE OF THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS.

18. Disclaimer.

THIS SITE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR LEGAL, PROFESSIONAL, MEDICAL OR OTHER HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT AND MAY NOT BE USED FOR ANY SUCH PURPOSES.

YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE FOREGOING, HOOPLAHA.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL COMPONENTS, MALICIOUS CODE, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN THE SITE INCLUDING THOSE ARISING OUT OF YOUR USE OF THE SITE.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT HOOPLAHA.COM AND THE AFFILIATED PATIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOOPLAHA.COM AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

THIS SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS. HOOPLAHA.COM DOES NOT ENDORSE, GUARANTE, OR IS RESPONSIBLE FOR THE ACCURACY, VERACITY, OR EFFICACY OF ANY CONTENT, INFORMATION OR POSTINGS GENERATED BY OUR USERS.

19. Limitation of Liability.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT HOOPLAHA.COM AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE AND/OR ACCOUNT INFORMATION INCLUDING USER/LOG IN NAME AND PASSWORD, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY.

THE AGGREGATE LIABILITY OF HOOPLAHA.COM AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, ITS MATERIALS AND/OR THE PRODUCTS, TEXT, DOCUMENTS, AUDIO AND VIDEO FILES, PHOTOGRAPHS, SERVICES, OR OTHER INFORMATION PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST HOOPLAHA.COM AND ANY OF OUR AFFILIATED PARTIES.

20. Legal Compliance.

You acknowledge, understand and agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

21. Applicable Law, Venue and Jurisdiction.

This Terms of Use agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Contents and Materials, your account information for the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims that are not subject to arbitration as set forth in Section 21 below in, and submit to the exclusive jurisdiction of, the state of Connecticut.

22. Arbitration.

Except as set forth in Section 20 above, any claim or dispute arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Content and Materials, your account information for the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site, excluding legal action taken by HOOPLAHA.COM to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and HOOPLAHA.COM services, shall be settled solely by binding arbitration in the state of Connecticut. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Such arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) (www.jamsadr.com) pursuant to the JAMS’ Comprehensive Arbitration Rules. The arbitrator’s award shall be binding and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Connecticut necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. The prevailing party of the arbitration is entitled to attorneys’ fees and costs.

23. Severability.

If any provision of the Terms of Use is deemed invalid or unenforceable, such invalidity or unenforceability shall not affect or limit the validity or enforceability of any other provision hereof, shall remain in full force and effect. If a provision is deemed invalid or unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent permitted by law.

To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under the Terms of Use shall survive any termination of this Terms of Use agreement.

Netta Jenkins, D.I. Executive Extraordinaire Featured with Marysol Castro on The Weekly Good (Episode 30)

This episode of the Weekly Good highlights an organization and an individual who demonstrate that with a little ingenuity and hard work, a negative situation can be completely flipped to a positive one.

First, the organization story. What is sadder than being stuck in the hospital on your birthday? The answer is not knowing about the Confetti Foundation! They throw birthday parties for hospitalized children and have done over 5,100 parties in 47 states. Hospital staff want to have parties for these kids but they just don't have the funding for it. That's where the Confetti Foundation steps in. Hospitals receive "party kits" for the child celebrating the birthday. The party kit is complete with a specific theme (there are dozens of themes for kids to choose from), decorations, snacks, gifts, and more. The hospital staff receives the party kit and performs the set up for the child and his or her family. Although the party is not a cure, it is a welcome distraction and a good reminder that every child deserves to be celebrated.

Watch the full story on OnlyGood TV: http://bit.ly/ConfettiFndV

Now the individual story. When Netta Jenkins was a teenager she came from school in tears one day after being the target of some racial slurs. Her Mom sat her down and gently but firmly told her, "I didn't bring you into this world to cry about things, I brought you into this world to create change." That was the "ah-ha" moment when Netta considered something she hadn't thought of before – "I have the power to create change?"

In her interview with Marysol, we follow Netta's journey from her childhood and adolescence growing up in Rhode Island and about the path she took that led her to her job at IAC Applications. She shares some poignant moments about what it was like for her growing up in the only African-American family in a predominantly Caucasian neighborhood, how she combatted some of the bigotry and other adversities she faced at school… and how she ultimately overcame them.

Marysol also probes Netta about her job as the Director and Head of Diversity and Inclusion for IAC Applications. She discusses the rapport she has with her boss, Tim Allen (the CEO of IAC Applications) and how she facilitates delicate situations in the workplace and ultimately provides people with solutions to create a happier, healthier work environment.

Watch the first two episodes of Netta's story on OnlyGood TV:

-(E1) - Meet Netta Jenkins: http://bit.ly/NettaDIEp1V

-(E2) - Enabling A Collaborative Corporate Culture: http://bit.ly/NettaDIEp2V

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Kirstie Ennis - US Marine Helicopter Gunner, Amputee, Athlete, and Model

Marine Kirstie Ennis grew up with military parents and always knew she would join the Marine Corps and it was no surprise when she did at 17. She became a Helicopter Door Gunner, "...the most bad to the bone job in the Marine Corps you can possibly have."

While she was serving in Afghanistan, a mission to transport fellow Marines and supplies became a life-changer. Kirstie's copter crashed and she suffered multiple injuries, including the loss of her leg.

During her recuperation, she turned to sports for motivation and found a way to help others. She took on the challenge of climbing the 7 Summits (the highest peak on seven continents), extremely challenging for anyone, much less an amputee, and raised money for the non-profit, The Waterboys, who bring clean drinking water to communities in need. When she successfully reached the summit of Denali, the highest peak in North America, she also raised funds and awareness for the Building Homes for Heroes program.

But Kirstie isn't close to being done. Most recently, she participated in the "Pin-Ups for Vets" calendar, where she faced her loss of self-esteem due to her injuries. "Its taboo to sexy, taboo to be attractive if you're in a wheelchair, or you're in a prosthetic, or you're disabled. I was fearful. I want to be the one where people can own their differences."

Follow her journey of recovery and learn how she has regained her confidence while being a role model for others who also face these difficult circumstances.

For more information on The Waterboys, visit them at: https://waterboys.org/

Learn more about Building Homes for Heroes at: https://www.buildinghomesforheroes.org/

More information on Pin-Ups for Vets can be found at: https://www.pinupsforvets.com/

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Trans-Activist, Influencer, and Cover Model. Meet Aydian Dowling. (The Creation of Us-E1)

Born and raised in Long Island, New York, Aydian Dowling always felt out of place. He grew up attending Catholic school and eventually asked his parents to transfer him to public school where he could dress and act more naturally. He came out as a lesbian soon after. "I felt in line with being a lesbian. It was A + B = C." he remembers "I was a girl who liked other girls and that made me a lesbian."

When he was 20, Aydian still felt different and disconnected, even with other lesbians. Soon afterward he realized that he identified as a Trans man after a girl he was dating asked him if he'd ever wanted to be a boy. He searched for answers using Google and found a clip from the Maury daytime talk show where a man held up a photo of himself as a little girl and talked about how he transitioned. "That little three-minute clip was life-changing," Dowling says."My issue my whole life was not about my sexuality, it was about my gender."

With his course set, Aydian faced a pragmatic hurdle, how to pay for the expensive surgery, which was not covered by insurance. Ever resourceful, Aydian invested the $250 he had in the creation of his clothing company, Point5cc, to fund the operation. "I'm not a magician" he says "but I was able to raise the $5,900 in about 6 months."

Aydian documented his own transition on YouTube as a way to voice his thoughts, fears, and successes; as well as offer a support mechanism for others looking to transition. His YouTube channel, A Lions Fears, quickly became popular and to date, has nearly 200 videos, reaches over 71k followers, and close to 7 million views. In 2011, Aydian was chosen as one of three LGBT persons to have their stories showcased on the Emmy Nominated It Gets Better Project on MTV. Aydian was also nominated to be on the cover of Men's Health magazine and had around 40,000 votes to win the mag's annual Ultimate Guy Search, 30,000 more than that of his closest rival, according to the contest leader board. He has also appeared twice on the Ellen show to share his ongoing story.

Aydian continues his mission to help others by answering hundreds of emails a month and documenting his ongoing transition. He also travels with his wife, Jenilee Dowling, discussing "The Transitioning Relationship" which goes over tips and techniques on how to keep relationships of all kinds blossoming during the hard times of transition. Now living in Oregon, their ongoing story will be chronicled in an original OnlyGood TV series, The Creation of Us.

For more information about Aydian's Clothing Company, visit them at: http://point5cc.com/

Read up on the latest from Jenilee by visiting her at: http://readingsbyjenilee.com/Welcome to OnlyGood.tv! (Formerly HooplaHa - Only Good News) - It's a Positivity Movement.

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Young Singer Songwriter Gives Back After Surviving Cancer (Caly On The Good - E1)

"I was so insecure about my body. I was a skinny, scrawny girl with a bald head and dark bags under my eyes."

At 15, this was the hole that Caly Bevier found herself in. The Chemo treatments for her ovarian cancer took away her energy, mobility, and appetite. But despite the fear from a diagnosis that gave her only a 67% chance of survival, her fighting spirit propelled her forward. She faced down the weeks of Chemo until her cancer was in remission and vowed to get her life back.

The road was long and uphill but get it back she did…and how. Soon after returning to High School in Grand Rapids, Ohio, a Facebook Post her Dad made of her singing "Fight Song" at a benefit for a fellow patient propelled her to a spot on the Ellen show. That in turn led to an audition for America's Got Talent and an amazing moment where Simon Cowell himself hit the Golden Buzzer to propel her forward.

With her love of music as a compass, Caly signed with Primary Wave, a music publishing and talent management company, and moved by herself to LA. She's now spending her days in the studio with some of the industry's top producers and writers crafting her first batch of original material. Her growing fan army, known as Team Caly are supporting her along the way. "I can't believe I'm making music, I never thought I would be able to do that. I'm definitely living a dream come true."

Caly is using her new found platform to make a difference for others who are battling this disease, most recently with the organization Stupidcancer, which specifically focuses on support for young adults. "No matter what happens with music, I will always fight for people who have cancer." Listen closely… she knows a thing or two about fighting back.

To learn more about this support organization, visit them at: http://stupidcancer.org/

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Looney Tunes Collector Has The Most Bugs Bunny's We've Ever Seen (Passions - E1)

Do you have something in your life you are so passionate about that you would be willing to dedicate time, money and room(s) in your living space to?

If your answer is a resounding Yes!, meet Laurence Sheinman, whose passion for Looney Tunes cartoons, and particularly Bugs Bunny, is so over the top it will have you asking, "What's up Doc?".

That rascally rabbit has always had a special pull on Laurence. "Bugs Bunny has the cool of Humphrey Bogart and a dash of Jerry Lewis vaudeville." It's that connection to a character that is at the heart of this premiere episode of the new OnlyGood TV Series, "Passions", which is all about people and their unique hobbies, skills, and obsessions.

Laurence doesn't consider himself a collector – that would put him in the company of those who poo-poo anything not in "mint-condition" – but just a guy who likes the adventure of the hunt and finding the fun things that remind him of those carefree Saturday mornings as a kid when watching the cartoon lineup was the best way to kick-off the weekend.

What started out as fun outings with his wife Jessica and infant son Adam years ago, has blossomed into a collection of over 1,000(?) items, big and small, ornamental and functional, valuable and just … unique. Jessica has adopted the curator role, and a life partner's perspective of the special things that draw and keep two people together. "Its harmless fun, and as long as he's not collecting wives, I don't really care."

Laurence dreams of one day writing a book about his special hobby if he could somehow avoid one inevitable life obstacle….downsizing.

Watch more great stories and exclusive uplifting and inspirational content on OnlyGood TV, now on YouTube: http://bit.ly/OGTVYouTubeHome

And remember… at OGTV, Its Only Good!

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The Weekly Good - Episode 29

On this episode of the Weekly Good, host Marysol Castro speaks with the two stars of the popular and heart-tugging Music Video "You Rescued Me" produced by OnlyGood TV. These two are linked by their love of dogs and their special effort to support Rescue Dogs.

First up is Scott Whyatt, co-founder of TracysDogs, who talks about the range of emotions his wife and co-founder, Tracy, is faced with as she goes through the Brownsville Texas Animal Shelters, over-run with too many dogs, many injured and unhealthy... and without homes… and facing sure euthanization. The painful process is on display in the recently released episode of their exclusive series, A Dog's Journey Home, in which Tracy describes her emotional struggle during these shelter visits, knowing that those she does not take will be put down. Watch this powerful episode on OnlyGood TV's YouTube channel: http://bit.ly/DJHE9V

In the second spot, Marysol speaks with the country singer Kris Jones, a dog lover as well, who sings in the beautiful music video about one of the dogs Tracy just rescued. His single, "You Rescued Me", tells the heartwarming story of Grace, a Yellow Lab, left all alone in the Brownsville shelter, and how her life was saved by a timely visit from Tracy and her TracysDogs team. Click to watch the full music video: http://bit.ly/YouRescuedMeShare

Watch these two exclusive OnlyGood TV videos and all of the other uplifting and inspirational content now on YouTube: http://bit.ly/OGTVYouTubeHome

And remember… at OGTV, Its Only Good!

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Heart Wrenching and Beautiful Dog Rescue - A Dog's Journey Home Music Video "You Rescued Me"

You are trapped inside a barren metal cage. Little if any light ever shines. The only sounds are the cries of others, locked away, like you. There is no escape. There is no hope.

And then, one day...a light does shine, a kind voice is heard, and caring hands reach out to you. You are freed from your cage, treated with kindness, and on your way to a new, loving home.

Those caring hands belong to Tracy Whyatt. Along with her husband Scott, they have committed themselves to visiting shelters, rescuing abandoned dogs, rehabilitating them, and hand delivering them to their new, forever families. That's how their non-profit, TracysDogs, was born.

In the new, heartwarming music video "You Rescued Me", Kris Jones sings about how when all seems lost for these seemingly forgotten dogs, a knight in shining armor arrives who transforms their despair into joy. Tracy can't save all of them, but for the lucky Lab in the video, it was Tracy's big heart that gave this beautiful dog a second chance.

There is also a sense of joy for Tracy in doing what she does. "When I pick that dog up from that kennel and put him in the back of that van, I know that that dog is headed for a better life, a happy life, a life they probably would not have if we didn't come down here and do this work."

Each year, millions of dogs across the country are left homeless and face euthanasia in overcrowded shelters. To learn more about the dedicated TracysDogs team that tirelessly works to save the lives of these dogs and find them proper homes across the country, visit them at: https://www.tracysdogs.com/

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This Littlest Warrior Inspires Joy, Awareness, and Inclusion!

Inspired by their son Eli who has Down Syndrome, Eric and Michelle Sullivan started "Littlest Warrior Apparel" to spread joy, awareness, and inclusion! Watch the full video on our YouTube Channel!

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