By using this website, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Healing the Body.
2. RIGHT TO ACCESS
You acknowledge and agree that Healing the Body may terminate your access to its website or to any of our Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Healing the Body. Any such termination shall be in Healing the Body’s sole discretion and may occur without prior notice, or any notice. Healing the Body further reserves the right to terminate any user’s access to any of the Products and Services for any conduct that Healing the Body, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Healing the Body or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state/provincial, federal, or foreign laws or regulations. Healing the Body further reserves the right to terminate any user’s access to Healing the Body for any reason or for no reason at all, in Healing the Body’s sole discretion, without prior notice, or any notice.
All information contained on this site is copyright (c) 2013, 2014 2015, by Healing the Body. All rights reserved. The information contained on this site may not be copied, published, distributed, broadcast or otherwise used for any purpose whatsoever without the prior written consent of Healing the Body.
4. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as medical or expert advice of any kind. Healing the Body is not responsible for typographical errors, editing errors, or news source errors. HEALING THE BODY STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
5. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Healing the Body DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Healing the Body DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. Healing the body SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Healing the Body DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. Healing the Body DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Healing the Body DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Healing the Body MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Healing the Body.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Healing the Body, ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER’S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Healing the Body OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Healing the Body. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGH Healing the Body.
UNDER NO CIRCUMSTANCES SHALL Healing the Body OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
7. EXTERNAL LINKS
Healing the Body may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Healing the Body to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. Healing the Body has no control over such sites and resources. You acknowledge and agree that Healing the Body is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Healing the Body shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Healing the Body, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Healing the Body shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Healing the Body encourages you to exercise discretion while using the Products and Services to browse the Internet. Healing the Body may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Healing the Body makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to Healing the Body. Healing the Body shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in Healing the Body’s search results or otherwise linked to Healing the Body or provided to Healing the Body by third parties.
8. NO LICENSE; INTELLECTUAL PROPERTY OF Healing the Body AND OTHERS
Except as expressly provided, nothing within any of the WEBSITE shall be construed as conferring any license under Healing the Body or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Healing the Body is protected by copyright, trademark, patent, or other proprietary rights of Healing the Body and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Healing the Body in connection with the WEBSITE. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Healing the Body, any of Healing the Body’s affiliates, or any of Healing the Body’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Healing the Body of any purpose other than the purpose for which such Content is made available to users by Healing the Body. You agree not to defame or disparage Healing the Body, the trademarks or service marks of Healing the Body, or any aspect of the WEBSITE. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the WEBSITE or any software or programs used in connection with Healing the Body.
9. INDEMNITY AND RELEASE
By using Healing the Body you agree to indemnify Healing the Body and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of Healing the Body, or your submission of ideas and/or related materials to Healing the Body or from any person’s use of any account or password you maintain with any portion of Healing the Body, regardless of whether such use is authorized by you. By using Healing the Body, or submitting any ideas and/or related materials to Healing the Body, you are hereby agreeing to release Healing the Body and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the WEBSITE or to any disputes regarding use of ideas and/or related materials submitted to Healing the Body.
10. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Healing the Body must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
11. FAIR USE
Healing the Body may publish excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. Healing the Body transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
Healing the Body has no intention to compete with the original copyrighted content. Rather, it is Healing the Body’s intention to promote such content and deliver readers to such content. Accordingly, when Healing the Body cites a copyrighted work for commentary or criticism, Healing the Body acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which Healing the Body requests absolutely no payment or consideration.
12. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Healing the Body to respond expeditiously to claims of intellectual property infringement. Healing the Body will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Healing the Body will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Healing the Body will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Healing the Body
Email address: firstname.lastname@example.org
Please put “Notice of Infringement” in the subject line of all such notifications. When Healing the Body removes or disables access to any material claimed to be infringing, Healing the Body may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Healing the Body makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Healing the Body will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Healing the Body replaces or restores access to any material as a result of any counter notification.
12. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
Healing the Body reserves the right to modify the WEBSITE from time to time, for any reason, and without notice, including the right to terminate the WEBSITE. Healing the Body reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Healing the Body’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on Healing the Body in connection with the WEBSITE are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any information available on or through the web site or the respective content location at which those other provisions may be found.
14. NON-WAIVER AND SEPARABILITY
Healing the Body’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.
15. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Healing the Body.
16. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
17. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the WEBSITE, unless specifically terminated earlier by Healing the Body. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
18. COMMUNICATIONS WITH USERS
You consent to receive communications from Healing the Body concerning your use of the WEBSITE (“Communications”). The Communications may be those that Healing the Body is required to send to you by law concerning the WEBSITE (“Required Communications”). The Communications may also be those that Healing the Body sends to you for other reasons. You consent to receive Communications electronically. Healing the Body may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on Healing the Body. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which Healing the Body sends Communications by visiting your account information page.
19. SUBMISSIONS OF IDEAS
Healing the Body is always improving its WEBSITE and developing new features. If you have ideas regarding improvements or additions to Healing the Body, we would like to hear them — but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO Healing the Body BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Healing the Body, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO Healing the Body THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT Healing the Body IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Healing the Body, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
20. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Healing the Body, Healing the Body reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on Healing the Body.
21. SUBMITTED CONTENT
You hereby agree that all content you submit to Healing the Body, via web forms, email to the editor, email to employees, phone calls, faces or other form of communication shall become the sole property of Healing the Body and may be used by Healing the Body in any way whatsoever, without limitation.
We hope your enjoyment of Healing the Body’s WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Healing the Body community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.