Terms of Use

The following terms and conditions (the “Terms and Conditions”) govern your use of the Feel the Possibilities Web Site, currently located at www.FeelThePossibilities.com (the “Site” or “Web Site”). The Site is made available by Sarandipity, LLC (“Sarandipity” or “we” or “us”). We may change the Terms and Conditions from time to time as permitted by law, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

  1. Membership and Use of the Web Site
    You may access some portions of this Web Site whether of not you are a member of the up and coming Possibility Playground or have purchased some of our programs and products, and these Terms and Conditions apply to your access and use of this Site whether or not you are a member. If you are a member of one of the programs of Feel the Possibilities, we may issue you a username and password that allows access to additional “members-only” areas of the Site, to which these Terms and Conditions also apply.
  2. Membership Terms
    If you are a member of the Possibility Playground, you are required to pay a monthly membership fee. Each month’s fee is payable at the start of each month pursuant to Section 15 of these Terms and Conditions. Either you or Sarandipity may terminate your membership at any time by written (or e-mail) notice to the other party, in which case, the effective date of the termination of your membership shall be the end of the then-current month, unless Sarandipity terminates your membership as a result of your breach, violation of the law, or other unacceptable conduct, in which event the termination date of your membership shall be immediate. No membership fees will be refunded.
  3. Proprietary Rights
    As between you and Sarandipity, Sarandipity owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.
  4. Limited License
    You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your internal use only. Except as expressly permitted by us (including, without limitation, with respect to our Affiliate Program or our “tell-a-friend” program), the Site and the services offered on or through the Site, including any content and materials thereon, are only for your internal use.
  5. Prohibited Use
    Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Sarandipity or the applicable rights holder. Except as expressly permitted by us (including, without limitation, with respect to our Affiliate Program or our “tell-a-friend” program), you may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you do make such prohibited use of the Site, or the content, code, data, services or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
  6. Trademarks
    The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of us or their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
  7. User Information
    In the course of your use of the Site, we may ask you to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site, incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
  8. Submitted Materials
    Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, banner ads or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
  9. Prohibited User Conduct
    You warrant and agree that, while accessing or using the Web Site or any services or features available on the Web Site, you shall not:

    1. impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or Sarandipity
    2. insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services
    3. obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site
    4. engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site
    5. use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests
    6. use the Site or its services in violation of Sarandipity’s or any third party’s intellectual property or other proprietary or legal rights
    7. use the Site or its services in violation of any applicable law; or
    8. attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.
    9. You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site and its services.
  10. Public Forums
    Sarandipity may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, advertising services and other similar forums and services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, while using any such service or feature available on the Site, you agree not to: upload, post, publish or otherwise transmit any information or materials which are false, fraudulent, misleading, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable, including, but not limited to, any material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, or otherwise violate any applicable local, state, national or international law; or upload, post, publish or otherwise transmit any information or materials which contain a virus, spyware or other harmful component, or which contain any embedded links, advertising or pyramid schemes of any kind. It is important to remember that content or information submitted to a public forum or similar feature on the Site may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them. You should therefore be careful and selective about the information that you disclose about yourself and others in your submissions to our public forums or to our Site in general, and in particular, you should not disclose any sensitive, proprietary or confidential information.
  11. Right to Monitor and Editorial Control
    Sarandipity reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users, and Sarandipity is not responsible for any such materials posted by users. However, Sarandipity reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Sarandipity’s sole discretion are objectionable or in violation of this Terms of Use, Sarandipity’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.
  12. Affiliate Program
    If you have signed up on the Site to become an “Affiliate” of Sarandipity, in addition to all of the terms and conditions contained herein, you agree to comply with the terms and conditions set forth in the Possibility Partner Affiliate Terms and Conditions.
  13. Linking to the Web Site
    You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site, unless expressly permitted by us in writing. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site, unless expressly permitted by us in writing. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials, advertising or branding. We have the right to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time.
  14. Indemnification
    You agree to defend, indemnify and hold Sarandipity, its affiliates, and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, advertising, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Sarandipity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sarandipity’s defense of such claim.
  15. Orders for Products and Services
    We may make certain products and services available for purchase or download to visitors and registrants of the Site. You may only make such purchases if, and by making a purchase you represent and warrant that, you are domiciled in the United States and are 18 years old or older. You agree to pay in full the price for any purchase made either by credit/debit card or in conjunction with your online order or by other payment means acceptable to Sarandipity. You agree to pay all applicable taxes. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions present at the time of such purchase or download.
  16. Third Party Web Sites
    You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that even if we include a third party web site or service in our “Recommends” section of our Site, we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates or members of. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
  17. Copyright Agent
    We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Sarandipity’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

    1. Your address, telephone number, and email address
    2. A description of the copyrighted work that you claim has been infringed
    3. A description of where the alleged infringing material is located
    4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    6. 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
      1. Copyright Agent
        Sara Russell Sarandipity, LLC
        Voice: 804-516-7686
        Email: admin@feelthepossibilities.com
        Address: 428 Childers Street PMB 22151 Pensacola, FL 32534
  18. DISCLAIMER OF WARRANTIES
    THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SARANDIPITY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. SARANDIPITY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND SARANDIPITY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SARANDIPITY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH SARANDIPITY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY SARANDIPITY “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND SARANDIPITY OR ITS LICENSOR OR SUPPLIER.
  19. LIMITATION OF LIABILITY
    IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SARANDIPITY , OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO METROMOM FOR YOUR USE OF THE SITE OR SERVICES DURING THE THREE-MONTH PERIOD PRECEDING THE DATE OF THE EVEN FROM WHICH YOU FIRST CLAIM FIRST AROSE.
  20. Applicable Laws
    We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
  21. Termination
    Sarandipity may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Sarandipity may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Sarandipity maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
  22. Changes to Terms of Use
    Sarandipity reserves the rights, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole, or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.
  23. Miscellaneous
    These Terms and Conditions constitute the entire agreement between us and you pertaining to its subject matter supersede all prior agreements, representations and understanding. The Terms and Conditions and the relationship between you and is governed by the laws of the United States and the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall commence and be heard in the appropriate court in the State of Florida, County of Escambia. You agree to submit to the personal and exclusive jurisdiction of the courts located within Escambia County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. Any notice required or permitted to be sent hereunder shall be in writing (or by e-mail) and shall be sent in a manner requiring a signed receipt such as authenticated facsimile transmission, Federal Express or like courier delivery, or if mailed, then mailed by registered or certified mail, return receipt requested. Notice is effective upon receipt by the applicable party. If an organization is accessing and using the Site and/or becoming a member of Sarandipity’s Possibility Playground, then the individual signing up for our services represents that he or she is duly authorized to enter into these Terms and Conditions on behalf of that organization.

Last Update: July 11, 2011

Sarandipity, LLC
PO Box 2430
PMB 22151
Pensacola, FL 32513

Contact: admin@feelthepossibilities.com

Copyright 2011 Sarandipity, LLC