These Terms of Use are an ongoing contract between you and Successful Thinkers and apply to your use of the Successful Thinkers service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
Successful Thinkers, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Successful Thinkers website. The most current version of the Terms of Use will supersede all previous versions.

Privacy
Any personally identifying information submitted on the Successful Thinkers website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works
Successful Thinkers is an online subscription service providing its members with access to a comprehensive library of motion picture, and other audio-visual learning and entertainment ("movies") that may be streamed over the Internet. We offer a variety of membership plans at varying price levels, including special promotional plans or memberships with limitations.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Membership and Billing
You can find the specific details regarding your membership with Successful Thinkers at anytime by clicking on the "Your Account" link, located at the top of the pages of the Successful Thinkers Web site.

• Free Trials

  We encourage the use of our service through free trials. Free trials last for two weeks or as otherwise specifically stated for eligible members. To view the specific details regarding your free trial, if any, click on the "Your Account" link located at the top of every Successful Thinkers website page and click "Membership Terms and Details."

  Free trials cannot be combined with any other offer. If you or another member of your household has been a Successful Thinkers member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to approximately one month of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial membership period.

  We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax at the end of your free trial membership period unless you cancel prior to the end of your free trial. To view the specific details of your membership plan, including price and end date of your free trial period, click the "Membership Terms and Details" link on the "Your Account" page. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY Successful Thinkers WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of membership plans, including special promotional plans or memberships with limitations on the number of movies rentable in a month. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. To view the details of your specific membership plan, click the "Membership Terms and Details" link on the "Your Account" page. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
  
  

• Billing

  By starting your Successful Thinkers membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the Successful Thinkers service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include gift subscription purchases you make, movies you fail to return or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "Membership Terms and Details" link on the "Your Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and charges for cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the Successful Thinkers Web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

• Ongoing Membership

  Your Successful Thinkers membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

• Cancellation

  You may cancel your membership to Successful Thinkers at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED LESSONS. To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." Upon cancellation, you are given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for such items. We will send you a reminder email concerning unreturned discs prior to charging your Payment Method.

  We reserve the right to terminate your account for any or no reason.

Features & Functionality

• Watch Instantly

  Successful Thinkers allows you to instantly watch available movies on your personal computer or, on certain membership plans, through a Successful Thinkers ready device. Currently, the instant watching functionality is provided to you at no additional charge; however, under certain of our membership plans, the instant watching functionality may not be available for viewing content on Successful Thinkers ready devices. The quality of the display of the instant watching movies may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. Successful Thinkers makes no representations about the quality of your instant watching display.

  Availability and Time Limits: The number of lessons you may watch instantly will depend on your plan. To view the details of your specific membership plan, click the "Membership Terms and Details" link on the "Your Account" page.

  For plans with limited hours of instant watching, any unused instant watching time will not roll-over to your next period or otherwise accumulate. If you reach your viewing limit while a selected movie is playing, you are able to complete that movie provided that you continuously watch it to completion. The number of movies you are able to watch instantly during each billing period depends on the length of each movie you select and whether you view them to completion. Viewing television content (included in the term "movie") also counts towards your total viewing time. Any repeated viewing of a movie, in whole or in part, will count towards your total viewing time.

  Start Time: The time it takes to begin watching a movie instantly will vary based on a number of factors, including your available bandwidth at the time, the movie you have selected and your computer or device system configuration. For example, high-speed action scenes or special effects at the opening of a film may slightly delay its start time. In addition, you must be connected to the Internet throughout the viewing experience.

  System Requirements and Device Limitations: To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements. Click here to view the various system requirements. As an additional member benefit, you may instantly watch on up to six unique authorized devices, including personal computers and Successful Thinkers ready devices. For certain plans, you will be allowed to instantly watch simultaneously on more than one personal computer or through more than one Successful Thinkers ready device within your household, up to total of four devices at a given time. To view the number of devices on which you may simultaneously view movies that are associated with your plan, click here. The number of devices and concurrent streams may change without notice to you.

  Geographic Limitation: You may not view a movie through the instant watching functionality anywhere other than within the 50 United States and the District of Columbia. Due to licensing restrictions, you may not instantly watch movies outside of this area, including the U.S. territories, and Successful Thinkers may use technologies to verify your compliance.

  END USER LICENSE AGREEMENTS: BY USING OUR WATCH INSTANTLY FUNCTIONALITY, YOU ACKNOWLEDGE AND AGREE (1) TO THE Successful Thinkers AND THIRD-PARTY SOFTWARE END USER LICENSE AGREEMENTS FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Successful Thinkers AND THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR WATCH INSTANTLY FUNCTIONALITY.

  We do not warrant that any of the software used and or licensed in connection with our watch instantly functionality will be compatible with other third party software nor do we warrant that operation of our watch instantly functionality and the associated software will not damage or disrupt other software or hardware. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

  We reserve, in our sole and absolute discretion, the right to withdraw the watch instantly functionality entirely from the Successful Thinkers service or to limit, condition, terminate, charge for or otherwise modify your use of the watch instantly functionality at anytime without notice; provided however, we will give you notice before we institute any additional charges for the watch instantly functionality.

  In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies may not be viewed, or may cease being viewable, through the watch instantly functionality on some or all personal computers or Successful Thinkers ready devices.

  • Successful Thinkers Ready Devices

    A Successful Thinkers ready device is any electronics equipment that is authorized to decode and capable of decoding movies that are transmitted over the Internet by Successful Thinkers. These devices may include such devices as stand alone set-top boxes, network connected Blu-ray DVD players, and game consoles. Successful Thinkers ready devices are manufactured and sold by entities other than Successful Thinkers. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR WATCH INSTANTLY FUNCTIONALITY. By using our service, you agree to look solely to the entity that manufactured and or sold you the device for any issues related to the device and its compatibility with the Successful Thinkers service. Any issues related to our watch instantly functionality, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. Under certain of our membership plans, the instant watching functionality may not be available for viewing content on Successful Thinkers ready devices

• Community

  Our Community feature provides you with a number of ways to share your Successful Thinkers experience with others. We are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.

  Our community feature is itself composed of a number of features, such as Friends, Member Reviews and Favorites (or "Faves"). These are all designed to share information with others – the essence of community. Again these features may change or even be eliminated without notice to you. We may not describe all these features in the Terms of Use or elsewhere on our website. We hope that you find our Community feature, as it may change from time to time, to be a great way to share information and discover new movies. However, if you no longer wish to participate in our Community feature, you may remove yourself from the Community feature at anytime by unchecking the box "Allow this User to Participate in Community Features" which can be found by clicking on the "Your Account" link, selecting the "Account Profiles" link (located in the Account Information Box) and then selecting "edit".

  BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE Successful Thinkers COMMUNITY, Successful Thinkers MEMBERS AND OTHER VISITORS TO THE Successful Thinkers WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY FEATURES.

  Use of the Community feature is for your personal, non-commercial use and is at your own option and risk.

  There are different elements to Successful Thinkers Community, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

  Anyone who participates in the Successful Thinkers Community is automatically given an anonymous screen name ("nickname") and a generic avatar photo to represent them in public. You can update your screen name or photo/image avatar at any time, as often as desired, to identify yourself in connection with your Account profile. We supply this pseudonym on your behalf so that any presented information is not personally identifiable. You always have the opportunity to update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings and other forms of personal information on our Web site.

  In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.

  • Friends^®

    Our Friends feature allows you to connect with those on your "Friends List" to share information about movies. To create a Friends List, just click on "Invite Friends" at the Friends tab and follow the instructions provided. You may also connect with Friends by accepting an invitation sent to you or by posting the HTML link (available on the Invite Friends page) anywhere on the Internet. If you invite a friend who is not currently a Successful Thinkers member, your friend will be given the opportunity to become a member in order to be on your Friends List.

    Each person on your Friends List will be able to view your real name, location, movie ratings, Queue information, reviews and any comments and other information you choose to post, and you will be able to view their real name, location, ratings, Queue information, reviews and comments. Your Friends will also be able to see some general information about your other Friends. Your Friends will also be able to leave you notes, visible only to you and them. Your "Queue information" is what movies you have at home, what's currently in your Queue and what movies you have rented in the past.

    Others accessing the Successful Thinkers website will be able to see general information about individuals using the Friends feature. For example, if an individual clicks on a reviewer's profile, the individual will be able to see the reviewer's Friends and the individual can continue on to see information on the various Friends' Friends.

    If you are not interested in sharing any of this information with individuals on your Friends List or with others on the website, you may remove one or all individuals from your Friends List at any time by selecting "Remove Friend" in the Community sidebar. Removing all individuals from your Friends List effectively removes you from all the Friends features. You also can go to the Community Profile, and change your setting to "Private" which allows you to participate in Friends features, but without being seen through the Friends of your Friends.

    You should be aware that your use of the Friends feature will cause information concerning your use of the Successful Thinkers service, such as what movies you have viewed, the movies you have at home, the movies you want to watch, your opinions of movies you've rated and any comments and other information you have posted, to be available to the individuals on your Friends List. Others accessing the Successful Thinkers website will also be able to see general information about you through your use of Friends. Those who see the Friends web link that you may choose to post or who receive your invitation will know you are a Successful Thinkers member, whether or not they join your Friends List. We do not review the content of the e-mail invitations or the comments posted through the Friends feature. You are responsible for such content; provided however, we reserve the right to reject, remove or edit such content at anytime without notice.

  • Favorites / Bookmarks

    Our Favorites (or "Faves") feature allows you to identify other Successful Thinkers Community members – including but not limited to individuals who are reviewers, Friends users, or Movie List creators – and subscribe to the content they create on the site. To use the Favorites feature, just click on the "Save to Faves" button that accompanies all members of the Successful Thinkers Community. This automatically adds this person to your Favorites list. Your Favorites are displayed on your Friends & Faves page in the Community.

    For each person on your Favorites List, you will be able to see their screen name, location, movie ratings, a listing of their Friends, Faves and Fans, reviews and movie lists. You will not be able to see Queue information, rental history, notes sent between them and their Friends. You and your Favorites cannot exchange notes or communications of any kind. Your Favorites will see you as a "Fan" and will see the same screen name, location, movie ratings, reviews, Friends/Faves/Fans, and movie lists.

    You may remove one or all individuals from your Favorites List at any time by visiting their profile and selecting "Remove Fave" in the Community sidebar. At any time, you can opt out of sharing any profile information by going to the Community Profile, and changing your setting to "Private" whereby you can be a Fan of someone, but no one can click through to see your Profile, ratings, Friends/Faves/Fans, or other aggregated information.

  • Member Reviews

    We permit you to post reviews of movies, devices and applications on the Successful Thinkers Web site. We do not regularly review the content posted on the Successful Thinkers Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's, device's or application's creative personnel; misleading information regarding the origin of the content; or a discussion of Successful Thinkers policies or services. Please click on the " Reviews" link that appears on the Successful Thinkers Web site for a link to the guidelines for writing and posting member reviews. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.

    By submitting a review, you understand and are permitting that all information provided in your review will be posted on our Web site. Also, when you have submitted a review or created a movie list, we will display your city and state location given at sign up (and for movie reviews, your movie ratings). We also may supply a pseudonym on your behalf so that this information is not personally identifiable. You may update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings on our website.

• Profiles

  The Account Owner has access and control over each Profile, including all of the information provided and features selected for that Profile such as the sub-account member's name, password, maturity level and ability to participate in the community features. The Account Owner's control over Profiles is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit sub-account members from contacting Successful Thinkers Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last 4 digits of their Payment Method to sub-account members. A Profile's individualized password, established by the Account Owner, allows each sub-account member to gain access to the tailored Profile features, recommendations and Queue. All information within each Profile is personal to that Profile and cannot be seen by other sub-account members. The Account Owner, however, can see all such information. The Account Owner may terminate access to any Profile by changing the sub-account member's password and not disclosing this to that sub-account member. The sub-account member will not be able to log in upon his or her next attempt to do so.

  The Account Owner will determine how to allocate DVDs among the sub-account members provided, however, the total number of DVDs cannot exceed the number that are available in your plan. The Account Owner will receive e-mail delivery notices informing the Account Owner of all DVDs shipped under the Account. The sub-accounts members will not receive any e-mail notices.

  BY ESTABLISHING A PROFILE, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT ALL SUB-ACCOUNT MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE SUB-ACCOUNT MEMBERS. BY CREATING A PROFILE, YOU ARE EXPRESSLY CONSENTING TO Successful Thinkers COLLECTING THE INFORMATION YOU PROVIDE IN ESTABLISHING THE PROFILE AND UNDERSTAND THAT Successful Thinkers WILL ASSOCIATE RATINGS PROVIDED BY THE SUB-ACCOUNT MEMBER WITH THE INFORMATION YOU PROVIDE. The personally identifying information is subject to our Privacy Policy. If you do not wish to share personal information, you may provide a pseudonym on the profile account.

  Community Features. The Account Owner can control access to community features by the Profile account. Community features include participating in the Friends network, creating a reviewers bio and writing reviews that can be read by anyone visiting the website. The Account Owner may restrict access to community features during the Profile creation process or at any time by clicking on the "Your Account" link and adjusting the Profile settings.

  Maturity Levels. Profiles may be used by parents who wish to dedicate a separate Queue to their rental of movies for their children. However, the Profiles feature is not directed at collecting information from children under the age of 13, nor is it intended to be used by a child without involvement and oversight from a parent. Therefore, if an Account Owner sets a G or PG rating for a Profile, the Account Owner should use his/her own name or a pseudonym, rather than that of the child, and should not reveal to the child the password for the Profile.

  The Profiles feature allows the Account Owner to restrict the maturity level of DVDs that may be placed in the Profile's Queue and to have the DVD mailer addressed to the Account Owner instead of the Profile name.

  Setting a maturity restriction affects which movies are presented to the restricted Profile on the Successful Thinkers website, will block movies with more mature ratings from being added to that Profile's Queue, and will prohibit previews for the restricted movies from displaying for that Profile. However, the restriction on adding these movies to the Queue can be overridden on a movie-by-movie basis by entering the Account Owner's password after clicking the 'add' button associated with the desired movie. Furthermore, the maturity restriction does not limit movies that may be recommended by or recommended to those Profiles through the Friends feature. If the recommended movie is beyond the Profile's allowed maturity level, the preview will not be viewable and the movie cannot be added to that Queue, but the Profile will be presented with the title of the movie and the synopsis that is provided through the Friends feature.

  You may address any concerns or questions regarding the information collected to Successful Thinkers's General Counsel at 100 Winchester Circle, Los Gatos, CA 95032.

  We reserve the right to modify the Profiles feature at any time without notice.

• Feeds

  We currently offer RSS feeds as a convenient way to pass information about your Successful Thinkers account or that is publicly available on the Successful Thinkers site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Successful Thinkers may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the Successful Thinkers website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, and is covered by the Terms of Use for the Successful Thinkers Feeds, found here. By using the Successful Thinkers Feeds, you agree to be bound by the Terms of Use for Successful Thinkers Feeds. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.

Account Access; Identity Protection
In order to provide you with ease of access to your account, Successful Thinkers will place a cookie (a small text file) on any computer from which you access the Successful Thinkers website. When you revisit the Successful Thinkers web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Successful Thinkers website.

If you find that you're a victim of identity theft and it involves a Successful Thinkers account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Successful Thinkers reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Successful Thinkers is not obligated to credit or discount a membership for holds placed on the account by either a representative of Successful Thinkers or by the automated processes of Successful Thinkers.

Disclaimers of Warranties and Limitations on Liability
THE Successful Thinkers SERVICE, INCLUDING ALL DVDS, FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Successful Thinkers SERVICE, THE WEBSITE AND ITS CONTENTS. Successful Thinkers DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Successful Thinkers SERVICE, INCLUDING SHIPMENT OF DVDS AND USE OF OUR WATCH INSTANTLY FUNCTIONALITY, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Successful Thinkers MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Successful Thinkers SERVICE, INCLUDING OUR WATCH INSTANTLY FUNCTIONALITY, OUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE Successful Thinkers SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Successful Thinkers SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE AND ANY DEVICES AS SET FORTH IN THE Successful Thinkers READY DEVICES SECTIONS ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with DVDs from the Successful Thinkers service, including damage or defects occurring or caused during shipment; (ii) errors or omissions in the content (including DVDs) delivered by the Successful Thinkers service or on the Successful Thinkers website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of DVDs; (v) any failure or interruption in the availability of the Successful Thinkers service and/or website, including availability of our watch instantly functionality; (vi) delivery and or display of any content contained on the Successful Thinkers website or through the Successful Thinkers service, including any movies via our watch instantly functionality or DVDs; and (vii) any losses or damages arising from the use of the content provided on the Successful Thinkers website or the Successful Thinkers service itself, including any losses or damages arising from watching instantly and/or downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service or any conduct by users of the Successful Thinkers service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies from the Successful Thinkers service or the descriptions of any movie content contained on our website. We do not represent or guarantee that your use of the Successful Thinkers service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Successful Thinkers or its affiliated parties.

In no event shall Successful Thinkers, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Successful Thinkers website, its contents or the Successful Thinkers service, including any DVDs, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the Successful Thinkers service, including any DVDs, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

• Functionality Compatibility

  Successful Thinkers MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Successful Thinkers READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR WATCH INSTANTLY FUNCTIONALITY. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our watch instantly functionality. Click here to view the end user license agreements.

Intellectual Property

• Copyright

  All content included on the Successful Thinkers Web site and delivered to members as part of the service, including lessons, movies you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Successful Thinkers, Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Successful Thinkers, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Successful Thinkers, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the Successful Thinkers Movie Viewer Software) or other products or processes accessible through the Successful Thinkers website, not to insert any code or product or manipulate the content of the Successful Thinkers website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Successful Thinkers reserves the right to terminate your membership hereunder if Successful Thinkers, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of lessons available to you by us, or the copying or other unauthorized use of our proprietary content. Successful Thinkers does not promote, foster or condone the copying of movies or any other infringing activity. The use of the Successful Thinkers service, to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Successful Thinkers website.

• Trademarks

  The trademarks, service marks and trade dress of Successful Thinkers may not be used or reproduced without prior written approval from Successful Thinkers, Inc. and may not be used in connection with any product or service that is not affiliated with Successful Thinkers, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Successful Thinkers, or in any manner that disparages or discredits Successful Thinkers. The Sonic Eagle and Mailbox logos are trademarks of the United States Postal Service and are used only with the permission of the United States Postal Service (USPS is not affiliated with, connected to, sponsored by, or a sponsor of, Successful Thinkers.) Other trademarks that appear on the Successful Thinkers website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Successful Thinkers. Any images of persons or personalities contained on the Successful Thinkers website are not an indication or endorsement of Successful Thinkers or any particular product or our service unless otherwise indicated.

Use of Information Submitted
Successful Thinkers, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Successful Thinkers ("Feedback"), including responses to questionnaires or through postings to the Successful Thinkers website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Successful Thinkers website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Successful Thinkers does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Successful Thinkers. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Successful Thinkers and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, movie availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications
By using the Successful Thinkers service, you consent to receiving electronic communications from Successful Thinkers. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Successful Thinkers and you receive them as part of the Successful Thinkers membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative.

In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.

Your Conduct on the Successful Thinkers Website
By accessing the Successful Thinkers website, you agree to use the Successful Thinkers service, including all DVDs, features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the Successful Thinkers website. You also agree not to interfere with the servers or networks connected to the Successful Thinkers website or to violate any of the procedures, policies or regulations of networks connected to the Successful Thinkers website. You also agree not to impersonate any other person while using the Successful Thinkers website, conduct yourself in a vulgar or offensive manner while using our service, or use the Successful Thinkers website for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to become a member of the Successful Thinkers service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While Successful Thinkers does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles"). Unless otherwise specified, our DVD rental service and the content on the Successful Thinkers website, including content viewed through our instant watching functionality, are for your personal and non-commercial use only and we grant you a limited license to access the Successful Thinkers website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Successful Thinkers website, including but not limited to information contained within a member or members' Queue, without our express written consent. Successful Thinkers does not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Successful Thinkers without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Successful Thinkers name or trademarks without our express written consent. Any unauthorized use of the Successful Thinkers website or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages
Some of the hyperlinks on the Successful Thinkers website may lead to other websites or Applications that are not controlled by, or affiliated with, Successful Thinkers, Inc. In addition, other websites may link to the Successful Thinkers website or Successful Thinkers may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Successful Thinkers may include pages that display and provide information on Applications, Successful Thinkers ready devices or other products. These pages may provide links to third party sites where Successful Thinkers members may obtain or purchase such Applications and devices. Successful Thinkers has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that Successful Thinkers is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and "Successful Thinkers Ready Devices".

Gifts
We offer for sale on the Successful Thinkers website various Gift Subscriptions redeemable for the Successful Thinkers service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Purchase" page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Redemption" page.

We also offer Gift Cards for sale through CardFact, Ltd. These cards are available at various retailers and can be redeemed on the Successful Thinkers Web site. Please click here for more information and to review the complete terms and conditions of the Gift Cards.

Claims of Copyright Infringement
It is the policy of Successful Thinkers to respect the intellectual property rights of others. Successful Thinkers does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Successful Thinkers website, or know of someone who is making unauthorized use of the content of the Successful Thinkers website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Successful Thinkers website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice hotline is (408) 540-3990 and the email address is copyright@SuccessfulThinkers.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Successful Thinkers shall have the right to terminate the account of any member who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

Successful Thinkers, Inc.
Attn: General Counsel/DMCA Notification
777 N Pershing Ave, Ste 1A
Stockton, CA 95204

Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions. You and Successful Thinkers agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Santa Clara shall have exclusive jurisdiction over any dispute between you and Successful Thinkers relating in any way to the Successful Thinkers service or Web site or these Terms of Use. You and Successful Thinkers expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: September 15, 2009