• Introduction to Agreement (legal stuff)
• Scope of Terms & Conditions (legal stuff)
• Terms & Conditions (legal stuff)
• Membership Billing Information, including information on refunds, cancellations, membership fees, and billing procedures
• Your Membership Account, including rules about access to our site
• Restrictions on Use of Materials, including our intellectual property rights and other provisions on how you can use our content
• Online Conduct Guidelines, including rules for behavior on our message boards
• Privacy Policy, regarding our treatment of your personal information
• Submissions, regarding how we can use content submitted to us
• Links, regarding our linking to other sites
• Third Party Products and Services, regarding other companies’ products that we may mention or suggest
• Warranty Disclaimers and Limitations of Liability (legal stuff)
• Indemnification (legal stuff)
• Governing Law (legal stuff)
• Miscellaneous Terms (legal stuff)

1.               Introduction to Agreement
By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions").  We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time.  You should check these Terms & Conditions periodically for changes.  By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them.  If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.

2.         Scope of Terms & Conditions
This Master Agreement ("Agreement") is made between you ("Member"), an individual or company, and Clutter Diet, Inc. ("Provider"). Your participation in The Clutter Diet ("Service") and its accompanying Web site ("Site") is entirely voluntary, and by completing and submitting the sign-up form and submitting payment, you acknowledge that you will automatically become a Member, and that you have read, understand, and agree to these Terms.

3.         Terms & Conditions
By using this Site as a Member, you agree to be legally bound and to abide by these Terms & Conditions.  If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Site (or any part thereof).  In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Site.  You agree that any termination or cancellation of your access to, or use of, the Site may be effected without prior notice.  If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website.  Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Sites.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms").  Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such.  You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

4.             Membership Billing Information

           a.          MONTHLY MEMBERSHIP OPTION:  Fees for becoming a monthly Member of The Clutter Diet consist of a lower introductory price of $4.95 for the first month, continuing and renewing automatically with a recurring monthly payment of $14.95 (“Monthly Access Fees”).  The term of the monthly billing cycle includes one full month’s time; there is no prorating of days or percentages of the month’s usage.  Monthly Access Fees are automatically charged to your credit card each month on the date you joined until we are notified of cancellation. Cancellation becomes effective at the end of the current monthly billing cycle.  There are no refunds for these monthly payments.

           b.          ANNUAL OPTION:  The fee for becoming an annual Member of The Clutter Diet consists of one annual payment of $119.40 (“Annual Access Fee”), payable in full upon joining.  The term of Membership extends from the date of payment to the same date the following year.  Annual membership payments do NOT automatically renew on the expiration date.
If you choose to cancel your Membership before the end of the annual term, any refund that is due will be calculated based on all of the months used at the full Monthly Access Fee rate of $14.95, with a minimum of 4 months (minimum cost of $59.80).  Months used are calculated in units of full months; there is no prorating of days or percentages of the month’s usage.
If there is a remainder to refund, it will be credited to the card you used when joining.  There are no retroactive refunds given for Membership time already elapsed, only for the remaining time after 4 months minimum.  There are no refunds given after 8 months of usage.  Refunds are given according to the table below.

Refund Table for Annual Membership Cancellations:

           d.          METHOD FOR CANCELLATIONS:  You may cancel your Membership at any time by going to the Member area and clicking “Edit My Profile.” You may also cancel by contacting us at 512-301-2426, using our “Contact Us” web form, or sending an e-mail to info at clutterdiet dot com.  If any refund is due, it will be processed promptly within the next several business days from your cancellation date.

5.         Your Membership Account
Memberships are non-transferable.  We reserve the right to cancel your Membership at any time for sharing your password and login with a non-member or providing members-only content to non-members.
You agree not to assign, transfer or sublicense your rights as a registered user of this Site.
If you are a registered member of this Site, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password.  You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
If any credit card charge is denied and payment is not received, you will not have access to the Site’s Member area until payment is received.  You will be prompted upon login to provide payment.
If you elect to become a registered user and Member of our Site, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update this information to keep it accurate.  Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof).

6.             Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions.  You acknowledge that this Site contains information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.  All trademarks appearing on this Site are trademarks of their respective owners.  The Clutter Diet is the trade name and the registered trademark and servicemark of Provider.  Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Site.  You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part.  When Content is downloaded to your computer, you do not obtain any ownership interest in such Content.  Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

7.         Online Conduct Guidelines
The Clutter Diet maintains a message board interface for its Members’ use only. You acknowledge that all Content and all information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, e-mailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings.  This means that you are entirely responsible for all Postings that you submit, e-mail, or otherwise transmit to this Site.  We do not control the Postings posted, e-mailed or otherwise transmitted on our Site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings.  Although we have adopted online conduct guidelines for the Members of our Site (as described below), you understand that by using this Site, you may be exposed to Postings that are offensive or objectionable.  Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, e-mailed or otherwise transmitted to or through this Site.

You agree not to use this Site (including any Forums) to:
          a.          Upload, post, e-mail or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
          b.          Harm minors in any way;
          c.          Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Provider, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Provider, our affiliates or any other person or entity;
          d.          Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
          e.          Upload, post, e-mail or otherwise transmit any Postings or other materials that you do not have a right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
          f.          Upload, post, e-mail or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
          g.          Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
          h.          Upload, post, e-mail or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
          i.          Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum;
          j.          Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
          k.          Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
          l.          "Stalk" or otherwise harass another user or employee of this Website; or
          m.          Collect or store personal data or attempt to collect or store personal data about other users of the Website.

Your privilege to use this Site (including the Forums) and contribute to discussions on the Forums depends on your compliance with the online conduct guidelines set forth above.   We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these online conduct guidelines if violations are brought to our attention.  Further, if you fail to adhere to our online conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum, and we reserve the right to terminate your Membership and access to the Site entirely.

Although we do primarily limit access to our message boards to Members only, Forum communications, including, but not limited to, chat and message board communications, are public and not private communications.  We reserve the right to monitor some, all, or no areas of this Site (including any Forum) for adherence to the online conduct guidelines set forth above or for any other purpose.  You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum.  Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.

8.             Privacy Policy
Please review our Privacy Policy located here, which also governs your visit to the Site, to understand our privacy practices.

9.            Submissions
We offer opportunities to our members to share their “Success Stories,” as one example of a time that you may wish to send us information about yourself and your experience.  If, at our request or on your own, you send, e-mail, post or otherwise transmit to our company or this Site information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself or your member experience, or other materials (including, but not limited to, posting, e-mailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property.  None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant Provider and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above.  You further acknowledge that Provider and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

10.         Links
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity.  We may provide, or third parties may provide, links to other worldwide websites or resources.  You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources.  You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources).  You should direct any concerns with respect to any other website to that website's administrator, webmaster, or customer service department.

11.       Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Sellers"). For example, we may suggest a product that would be purchased through Amazon.com and provide a link. All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers.  We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers.  You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. 

12.            Warranty Disclaimers and Limitations of Liability
Members of the Site expressly agree that use of the Site is at Member’s sole risk.  Neither the Service, nor its employees or Provider, warrant that the Site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Site or the results that may be obtained from the use of the information provided on the Site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site.  The Service does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Site unless that fact is expressly stated. 

The site is provided by the service on an "as is" and "as available" basis. The service makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, products or individuals included or listed on the site. 

To the fullest extent permissible by applicable law, the service disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. 

Under no circumstances shall the Service or Provider be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the site or the use of the information or the results of the use of the information provided on the site, even if the Member is expressly advised of the possibility of such damages. 

In no event shall the service’s liability exceed the price you paid for a product or service that is the subject of the claim.  No oral advice or written information given by the service, provider or the like, shall create a warranty; nor shall user rely on any such information or advice.
Under no circumstances shall the Service or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Site's records, programs, or services.  Member acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

13.            Indemnification
You agree to indemnify, hold harmless and, at our option, defend the Service and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

14.            Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to your use of this Site or these Terms & Conditions shall be filed only in the state or federal courts located in Travis County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

15.             Miscellaneous Terms
In any action against us arising from the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.   These Terms & Conditions is the entire agreement between you and us relating to the subject matter herein.  These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Site, or by written agreement of both parties.  Each time you access this Site, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms & Conditions.  These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, 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.

Effective Date:  This policy was last updated on February 29, 2008.