Terms of Service and Release


This Web site (this “Site”) is owned and operated by Life’s Headwaters (“Life’s Headwaters”).
If you have any questions about this Site or these Terms of Service and Release, please contact
us at:

Life's Headwaters
3260 Minnehaha Avenue
Minneapolis, MN 55406
Phone: 952 888 0888
Email: Coordinator@LifesHeadwaters.org

Your Consent
These Terms of Service and Release (these “Terms of Service and Release”) govern
your use of this Site, including any information made available to you through this Site, and
your participation in the Life's Headwaters programs and services offered on or supported by this
Site, including tele-seminars, individual and group telephone coaching, coaching provided via
instant messaging, and individual and group chat sessions (each a “Program” and collectively the
“Programs”).

Please take a few minutes to read these Terms of Service and Release carefully. By accessing
and using any part of this Site, you are representing to Life's Headwaters that you are agreeing to
comply with and to be legally bound by these Terms of Service and Release. IF YOU DO NOT
AGREE TO THESE TERMS OF SERVICE AND RELEASE, YOU MAY NOT USE THIS
SITE OR PARTICIPATE IN ANY PROGRAMS.

Your Representations
By accessing and using this Site, you are representing to Life's Headwaters that
• you are at least 15 years old
• if you are under the age of 18 and you are not an emancipated minor, you have obtained the
signature of a parent or guardian on the Consent Form available here [INSERT LINK],
• you have the capacity to enter into legally binding agreements, and
• you have read and understood these Terms of Service and Release.

These Terms and Conditions May Change
Life's Headwaters is continually improving and adding to the features and functionality of this
Site and the Programs. As a result of these changes (or changes in the law), we may need to
update or revise these Terms of Service and Release. Accordingly, we reserve the right to update
or modify these Terms of Service and Release at any time, without prior notice, by posting the
revised version of these Terms of Service and Release behind the link marked “Terms of Service
and Release” at the bottom of each page of this Site. Whenever these Terms of Service and
Release are changed, we will alert you by posting a notice on our home page. The changes will
apply going forward, not retroactively. Your continued use of this Site after we have posted the
revised Terms of Service and Release constitutes your agreement to be bound by the revised
Terms of Service and Release.

You may review the current version of these Terms of Service and Release at any time by
clicking on the link marked “Terms of Service and Release” at the bottom of each page of this
Site.

These Terms of Service and Release were last revised on March 12, 2007.

Disclaimer
THIS SITE, INCLUDING ALL INFORMATION MADE AVAILABLE TO YOU THROUGH
THIS SITE, AND THE PROGRAMS ARE PROVIDED ON AN "AS IS," AS AVAILABLE
BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER.
TO THE FULLEST PERMITTED BY LAW, LIFE’S HEADWATERS, ITS VOLUNTEER
COACHES, OTHER VOLUNTEERS, AND OTHER SERVICE PROVIDERS
(COLLECTIVELY “SERVICE PROVIDERS”) AND ITS LICENSORS DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT
TO THIS SITE, INCLUDING ALL INFORMATION MADE AVAILABLE TO YOU
THROUGH THIS SITE, AND THE PROGRAMS.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY
LAW, LIFE’S HEADWATERS, ITS SERVICE PROVIDERS AND ITS LICENSORS
HEREBY DISCLAIM (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES
RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE
OPERATION OF THIS SITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO
THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY
PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE,
VALIDITY, ACCURACY, CURRENCY, COMPLETENESS, SUITABILITY, RELIABILITY,
OR THE RESULTS OF THE USE OF THIS SITE, INCLUDING ANY INFORMATION
MADE AVAILABLE THROUGH THIS SITE, OR THE PROGRAMS; (E) WARRANTIES
RELATING TO WEB SITES TO WHICH THIS SITE IS LINKED; (F) ALL OTHER
WARRANTIES RELATING TO THE PERFORMANCE, NONPERFORMANCE OR OTHER
ACTS OR OMISSIONS BY LIFE’S HEADWATERS, ITS SERVICE PROVIDERS, OR ITS
LICENSORS. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OR
LIMITATION OF CERTAIN WARRANTIES.

LIMITATION OF LIABILITY
YOUR USE OF THIS SITE, INCLUDING THE INFORMATION MADE AVAILABLE
THROUGH THIS SITE, AND/OR YOUR PARTICIPATION IN ANY PROGRAM IS AT
YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, SHALL LIFE’S HEADWATERS, ITS SERVICE
PROVIDERS OR ITS LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OF, USE OF OR
INABILITY TO USE THIS SITE OR ANY WEB SITE TO WHICH THIS SITE IS LINKED;
(B) YOUR RELIANCE ON ANY INFORMATION MADE AVAILABLE THROUGH THIS
SITE OR ANY WEB SITE TO WHICH THIS SITE IS LINKED; (C) ANY REGISTRATION,
APPLICATION OR SCREENING PROCESS INITIATED THROUGH THIS SITE; (D) YOUR
PARTICIPATION IN ANY PROGRAM; (E) STATEMENTS MADE OR INFORMATION
PROVIDED BY YOU OR ANY OTHER PARTICIPANT IN A PROGRAM; (F) THE
BREACH OF THESE TERMS OF SERVICE AND RELEASE BY ANY OTHER
PARTICIPANT IN A PROGRAM; (G) ANY DECISION YOU MAKE OR ACTION YOU
TAKE IN RELIANCE ON OR AS A RESULT OF ANY OF THE FOREGOING; OR THE
PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS OF LIFE’S
HEADWATERS, ITS SERVICE PROVIDERS, OR ITS LICENSORS.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER
BASIS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LIFE’S HEADWATERS, ITS
SERVICE PROVIDERS OR ITS LICENSORS HAS BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD
TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THIS SITE
OR ANY PROGRAMS, INCLUDING ANY INFORMATION MADE AVAILABLE
THROUGH THIS SITE OR THE PROGRAMS, WILL BE TO STOP USING THE SITE
AND/OR PARTICIPATING IN THE PROGRAMS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT LIFE'S HEADWATERS, ITS
SERVICE PROVIDERS AND ITS LICENSORS COULD NOT ASSUME THE RISK OF
MAKING THIS SITE OR THE PROGRAMS AVAILABLE TO YOU FREE OF CHARGE IF
THEIR LIABILITY AND YOUR REMEDIES WERE NOT LIMITED AS SET FORTH IN
THIS AGREEMENT.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET
FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF
ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
LIFE’S HEADWATERS, ITS SERVICE PROVIDERS AND ITS LICENSORS UNDER SUCH
CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN
LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Release
YOU UNDERSTAND AND ACKNOWLEDGE THAT “COACHING” IS NOT A FORM OF
MEDICAL OR PSYCHIATRIC DIAGNOSIS, PSYCHOLOGICAL EVALUATION;
THERAPY, COUNSELING, OR TREATMENT. STAFF EMPLOYED OR CONTRACTED
BY LIFE’S HEADWATERS, INCLUDING VOLUNTEERS, MAY ASSESS YOUR
CIRCUMSTANCES AND “COACHABILITY” FOR PURPOSES OF YOUR
PARTICIPATION IN ANY PROGRAMS. HOWEVER, EVEN IF A LIFE'S HEADWATERS
STAFF MEMBER OR VOLUNTEER IS PROFESSIONALLY LICENSED OR ENGAGED IN
THE PRACTICE OF MEDICINE OR THERAPY OUTSIDE OF THE PROGRAMS, DURING
THE COURSE OF PROGRAMS NEITHER LIFE'S HEADWATERS NOR ITS STAFF OR
VOLUNTEERS WILL PROVIDE ANY DIAGNOSIS, THERAPY, COUNSELING,
TREATMENT OR ANY OTHER LICENSED PROFESSIONAL HEALTH CARE SERVICES
RELATED TO YOUR PHYSICAL OR MENTAL HEALTH.

BY ACCESSING AND USING THIS SITE AND/OR PARTICIPATING IN ANY PROGRAM,
YOU ARE AGREEING THAT :
YOU DO NOT EXPECT TO RECEIVE ANY DIAGNOSIS, THERAPY, COUNSELING,
TREATMENT, OR PHYSICAL OR MENTAL HEALTH CARE SERVICES THROUGH THE
PROGRAMS OR FROM LIFE'S HEADWATERS;
YOU ARE RESPONSIBLE FOR SEEING YOUR OWN PHYSICIAN OR HEALTH CARE
PROVIDER FOR ANY DIAGNOSES, THERAPY, COUNSELING OR TREATMENT, AS
WELL AS FOR CONFIRMING THE APPROPRIATENESS OF THE INFORMATION AND
APPROACHES TAUGHT IN THE PROGRAMS.;
YOU UNDERSTAND THAT THE PROGRAMS DO NOT INCLUDE, IN WHOLE OR IN
PART, ANY ASPECT OF LICENSED, REGISTERED OR OTHERWISE
PROFESSIONALLY REGULATED HEALTH CARE SERVICES UNDER THE LAWS OF
MINNESOTA OR ANY OTHER JURISDICTION, INCLUDING BUT NOT LIMITED TO
THE PRACTICE OF PSYCHOLOGY, PSYCHIATRY, LICENSED CLINICAL SOCIAL
WORK, MARRIAGE OR FAMILY COUNSELING, CHEMICAL DEPENDENCY
COUNSELING, OR MENTAL HEALTH THERAPY;
YOU DO NOT EXPECT TO RECEIVE ANY FINANCIAL, ACCOUNTING, TAX, CAREER
OR LEGAL ADVICE THROUGH THIS SITE OR FROM LIFE’S HEADWATERS; YOU ARE
RESPONSIBLE FOR OBTAINING SUCH ADVICE FROM YOUR OWN LAWYER,
ACCOUNTANT, TAX ADVISOR, FINANCIAL ADVISOR OR OTHER PROFESSIONAL.
YOU TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY,
AND HOLD HARMLESS LIFE'S HEADWATERS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, VOLUNTEERS, AND OTHER PARTICIPANTS IN THE
PROGRAMS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY
AND ALL CLAIMS, OBLIGATIONS, DEMANDS, DAMAGES, JUDGMENTS, COSTS,
EXPENSE OR LIABILITIES OF ANY KIND OR NATURE (WHETHER IN LAW OR IN
EQUITY, DIRECT OR INDIRECT, LIQUIDATED OR UNLIQUIDATED, FIXED OR
CONTINGENT, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED),
WHICH IT MAY HAVE, OR MAY EVER HAVE, AGAINST THEM ARISING OUT OF OR
IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY
INFORMATION MADE AVAILABLE THROUGH THIS SITE, YOUR PARTICIPATION IN
THE PROGRAMS, OR ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION
WITH THE ACTIVITIES OF LIFE’S HEADWATERS, INCLUDING, WITHOUT
LIMITATION, ALL LIABILITY WITH RESPECT TO INJURY, DISABILITY, DEATH OR
LOSS OR DAMAGE TO PERSONAL PROPERTY, WHETHER ARISING FROM THE
NEGLIGENCE OF LIFE’S HEADWATERS OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, VOLUNTEERS, AND/OR OTHER PARTICIPANTS IN THE
PROGRAMS OR OTHERWISE.

Your Privacy Responsibilities
By using our Site and participating in our Programs, you agree to keep any information disclosed
by other participants about themselves on this Site or during any Program activity strictly
confidential. For your own protection, use only your first name and do not provide your last
name or contact information when you participate in group activities through this Site or as part
of any Program. Use good judgment and common sense about what and how much you disclose
to other participants when you participate in such group activities, just as you would in any
public meeting or forum.

The Life's Headwaters Privacy Policy
The Life's Headwaters Privacy Policy describes the information we collect when you and others
use this Site. It also describes how we use the personal information we collect through this Site.
Our Privacy Policy is part of these Terms of Service and Release. By agreeing to these Terms of
Service and Release, you are also consenting to our collection, use and disclosure of your
personal information in accordance with our Privacy Policy. Please take a few minutes to review
our Privacy Policy.

Rules Governing Your Use of this Site
You agree not to use this Site to load, post, transmit or otherwise make available:
* any content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
* any content that you know to be false, misleading, or fraudulent;
* any content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information or proprietary and
confidential information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
* any content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any individual or entity;
* any solicitation of money;
* 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;
* any information about an identifiable person without that person's permission; or
* any content inconsistent with the values or the spirit of Life's Headwaters community.

You also agree not to use this Site to:
* harm minors in any way;
* promote any illegal activity;
* impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
* interfere with or disrupt the Site or servers or networks connected to the Service; in
violation of any local, state, national or international law, rule or regulation;
* "stalk" or otherwise harass another; or
* collect or store personal data about other users of this Service.

You understand that Life's Headwaters does not pre-screen the content posted on bulletin boards,
chat rooms, or instant messaging services, but that Life's Headwaters shall have the right (but not
the obligation) in its sole discretion to remove any content that is posted on or available through
this Site. Without limiting the foregoing, Life's Headwaters shall have the right to remove any
content that violates these Terms of Service and Release or is otherwise objectionable.

Under no circumstances will Life's Headwaters be liable in any way for any content posted on or
made available through this Site by you or any third party.

Additional Rules Governing Specific Portions of This Site or Participation is Specific
Activities
We reserve the right, from time to time, to enforce to additional rules with respect to specific
portions of our Site or with respect to your participation in specific Programs. These special rules
will be conspicuously posted on the relevant portions of our Site or on the portions of our Site
that describe the specific Programs. These additional rules are part of these Terms of Service and
Release, and you agree to comply with them when you use those portions of our Sites or
participate in those Programs.

Copyright Notice and Limited License
The entire content of our Site, including, for example, all of the text, photographs, images,
illustrations, graphics, audio clips, video clips, and audio-video clips made available through this
Site (collectively, the “Content”) is copyrighted under United States law and applicable
international copyright laws and treaty provisions. The copyrights in the Content are owned by
Life's Headwaters or by third parties who have licensed their materials to Life's Headwaters.
The entire Content of our Site is copyrighted as a compilation under United States copyright law
and applicable international copyright laws and treaties, and Life's Headwaters owns the
copyright in the selection, coordination, arrangement and enhancement of the Content.

You may download, store, print, and copy selected portions of the Content of this Site for your
personal, non-commercial use, provided that
* You do not modify or alter the Content in any way;
* You do not delete or modify any copyright or trademark notices or language of
attribution;
* You do not publish, perform, display, or post any part of the Content on any other
Internet site;
* You do not publish, perform, display, or broadcast any part of the Content in or on any
other media;
* You do not rent, lease, license, sell, or otherwise use any part of the Content for profit.
Except as expressly stated above or as expressly stated on this Site, you may not copy,
download, print, publish, display, perform, distribute, transmit, transfer, translate,
modify, add to, update, abridge, or in any other way transform or adapt all or any part of
the Content of this Site without first obtaining written permission from Life's
Headwaters.

Trademark Notice
All of the trademarks, service marks, and logos displayed on this Site belong exclusively to
Life's Headwaters or its owners and may not be reproduced, displayed, or used without the
written permission of the trademark owner.

Links to Third-Party Web Sites
This Site contains hyperlinks to Web sites that are not operated by Life's Headwaters. Life’s
Headwaters does not control these third-party Web sites. These links are provided for your
convenience only. Life's Headwaters does not endorse and shall not be responsible or liable for
any content, products, or other materials on or available from these third-party Web sites. Life's
Headwaters does not warrant or represent that the information and other resources available
through these third-party Web sites is current, accurate, complete, or reliable. It is your
responsibility to evaluate these third-party Web sites and determine how you wish to use them.
You access and use these third-party Web sites, and the resources available through these third-
party Web sites, solely at your own risk.

These Terms of Service and Release do not apply to third-party Web sites. If you access other
Web sites through a link on this Site, please take a few minutes to review the terms of use posted
on each Web site you visit.

Third-Party Information
Some of the information, articles, and other materials available through this Site are provided to
Life’s Headwaters by third-parties. These third-party materials are provided for your
convenience only. Life’s Headwaters does not endorse these materials or the third parties who
supplied them to us, nor does Life’s Headwaters represent or warrant that these materials are
current, accurate, complete, or reliable. It is your responsibility to evaluate these materials and
determine how you wish to use them.

Right to Change Web Site and Programs
Life’s Headwaters reserves the right to alter the content or functionality of this Site in any way,
to restructure, redesign, or alter the content of any Program; to limit your access to this Site; to
deny you access to any Program; to shut down this Site, and to cancel or reschedule any
Program, at any time, for any reason, without prior notification, and will not be liable in any way
for possible consequences of such changes.

Interpretation
As used in these Terms of Service and Release, the term “including” means “including, but not
limited to.”

Waiver
The failure of Life’s Headwaters at any time to require performance of any provision of these
Terms of Service and Release or to exercise any right provided for herein shall not be deemed a
waiver of such provision or such right. All waivers must be in writing. Unless the written waiver
contains an express statement to the contrary, no waiver by Life’s Headwaters of any breach of
any provision of these Terms of Service and Release or of any right provided for herein shall be
construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the
provision itself, or a waiver of any right under these Terms of Service and Release.

Severability
If any provision of these Terms of Service and Release is held by a court of competent
jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest extent allowed by law and the
remaining provisions of these Terms of Service and Release shall remain in full force and effect.

Governing Law, Jurisdiction, and Venue
These Terms of Service and Release shall be governed under the laws of the State of Minnesota
without regard to its conflicts of law provisions. All actions or proceedings arising out of or
relating to these Terms of Service and Release shall be venued exclusively in state or federal
court in Minneapolis, Minnesota, and you hereby irrevocably consent and submit yourself to the
personal jurisdiction of said courts for all such purposes.

Entire Agreement
These Terms of Service and Release contain the entire understanding and agreement between
you and Life’s Headwaters with respect to your access to and/or use of this Site and/or
participation in the Programs and supersede all previous communications, negotiations, and
agreements, whether oral, written, or electronic between you and Life’s Headwaters with respect
thereto.


March 12, 2007