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Celebrate Balance..
Inspired Living Follows.. |
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General Terms
& Conditions
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We
welcome you to the Heal Empower Foundation
Website,
heal-empower.com.
A prerequisite for entering or using this site
is that you agree to comply with and be bound by
the following terms and conditions of use.
Please review the following terms and conditions
carefully. If you do not agree to be bound by
and comply with the following terms and
conditions, you should immediately exit from
this web site. Thank you.
Acceptance of Terms and Conditions of Use
Agreement
You agree to the terms and conditions outlined
in this Terms and Conditions of Use Agreement
(the "Agreement") with respect to our heal-empower.com
web site. If you do not agree to be bound by
these terms and conditions, you may not enter or
use the heal-empower.com web site.
We may amend this Agreement at any time without
specific notice to you. The most recent form of
this Agreement will be posted at all times on
the heal-empower.com web site, and you should
review this Agreement each time prior to
visiting or using the heal-empower.com web site.
Your continued access to or use of the heal-empower.com
web site shall be deemed as your conclusive
acceptance of any modified terms and conditions
of this Agreement.
Copyright
The content, organization, graphics, design,
software, compilation, magnetic translation,
digital conversion and other matters related to
the heal-empower.com web site are protected
under applicable copyrights, trademarks, and
other proprietary (including but not limited to
intellectual property) rights. The copying,
redistribution, use or publication by you of any
such matters or any part of the heal-empower.com
web site, except as specifically allowed herein,
is strictly prohibited. You may not acquire any
ownership rights to any content, document or
other materials viewed through the heal-empower.com
web site. The posting of information or
materials on the heal-empower.com web site does
not constitute a waiver by us of any rights to
such information and materials.
You agree to grant to heal-empower.com a
non-exclusive, worldwide, royalty-free,
perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create
derivative works of, publicly display and
publicly perform any materials and other
information (including, without limitation,
ideas contained therein for new or improved
products or services) you submit to public areas
of heal-empower.com (such as discussion forums,
message boards and chat rooms) by all means and
in any media now known or hereafter developed.
You hereby waive your moral rights in any such
materials and information, and you hereby
warrant that any such materials and information
are original with you, or that you have the
right to submit such materials and information.
You agree that you shall have no recourse
against heal-empower.com for any alleged or
actual infringement or misappropriation of any
proprietary right in your communication to us.
Trademarks
The words: heal-empower.com and Heal Empower
Foundation, are either trademarks or registered
trademarks of heal-empower.com.
Limited Right to Use
The viewing, printing or downloading of any
content, graphic, form or document from the
heal-empower.com web site grants you only a
limited, nonexclusive license for use solely by
you for your own personal use and not for any
republication, distribution, assignment,
sub-license, sale, preparation of derivative
works or other use. Unless otherwise state by
our web site, no part of any content, form, or
document, may be reproduced in any form,
including but not limited to photo copy,
microfilm, xerography or digital reproduction,
or be incorporated into any information
retrieval system, electronic or mechanical,
other than for your personal use (but not for
resale or redistribution).
Editing,
Deleting and Modification
We reserve the right in our sole discretion to
edit or delete any documents, information, or
other content appearing on the heal-empower.com
web site.
Indemnification
You agree to indemnify, defend and hold us and
our partners, attorneys, staff, information
providers and suppliers, and affiliates
(collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense,
including reasonable attorney’s fees, related to
your violation of any term or condition of this
Agreement, use of the heal-empower.com web site,
or any activity related to your account
(including infringement of third parties’
worldwide intellectual property rights or
negligent or wrongful conduct) by you or any
other person accessing heal-empower.com using
your service account.
Conduct
You understand that all information, images,
graphics, data, text, files, links, software,
chat, message, communication or other material
("Content"), whether publicly posted or
privately transmitted, are the sole
responsibility of the person from which such
Content originated. This means that you, and not
heal-empower.com , are entirely responsible for
all Content that you publish, post, distribute,
display, disseminate or otherwise transmit via
the heal-empower.com web site.
Under no circumstances will heal-empower.com be
liable in any way for any Content, including,
but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any
kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted
via the heal-empower.com web site.
You agree not to use the heal-empower.com web
site to:
a. Upload, post, email, or otherwise transmit
any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive
of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. Harm children or minors in any way;
c. Impersonate any person or entity.
d. Take any action that disrupts the operation
of any chat room, including, without limitation,
by causing any screen in any chat room to scroll
more quickly than other users are able to type
messages on that screen, or otherwise act in a
manner that negatively affects other users’
ability to engage in real time exchanges;
e. Upload, post, email or otherwise transmit any
material that contains "trojan horses", "worms",
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;
f. Upload, post, email or otherwise transmit any
Content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as proprietary or
confidential information learned or disclosed as
part of an employment or fiduciary relationship
or under a nondisclosure agreements);
g. Upload, post, email or otherwise transmit any
Content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights of any party;
h. Upload, post, email, or otherwise transmit
any unsolicited or unauthorized charity request,
advertising, promotional material, "junk mail,"
"spam," "chain letter," "pyramid scheme," or any
other form of unauthorized solicitation;
i. Intentionally or unintentionally, violate any
applicable local, state, national, or
international law.
j. Use any automated means, including, but not
limited to, electronic "spiders", "robots", or
"crawlers" to download data from any
HolisticHarmony.com database other than those
supported by heal-empower.com ;
k. Sell or otherwise distribute any data
obtained from any heal-empower.com database; or
l. Incorporate data from any heal-empower.com
database into any emails or other "white pages"
products or services, whether browser-based,
based on proprietary client-side applications,
web-based, or other, without the prior express
written permission from heal-empower.com.
Termination of Account
heal-empower.com may terminate the account
(membership) of any user or member who violates
this Agreement, violates the rights of heal-empower.com
or of any third party.
heal-empower.com does not prescreen or monitor
any member-created Content available on or
through the Service prior to its posting,
although heal-empower.com reserves the right to
engage in such prescreening and monitoring,
including without limitation the right to edit,
refuse to post, or remove any Content.
Consequently, you and any user of your account
must evaluate, and bear the risk associated
with, the accuracy, completeness, or usefulness
of any Content.
Nonetheless, heal-empower.com shall have the
right, but not the responsibility, to remove
Content, which is deemed in heal-empower.com’s
sole discretion to be harmful, offensive, or
otherwise in violation of this Agreement or of
any rules that heal-empower.com has in place at
the time.
heal-empower.com may elect in its sole
discretion to monitor some, all, or no areas of
the heal-empower.com web site for adherence to
this Agreement of heal-empower.com ’s rules. Any
messages, advice, opinions or other information
contained in any discussion area should not be
construed as professional advice or instruction.
User Representations
You represent and warrant that you are at least
18 years of age and that you possess the legal
right and ability to enter into this Agreement
and to use heal-empower.com in accordance with
this Agreement. You agree to be financially
responsible for your use of heal-empower.com (as
well as for use of your account by others,
including any minors living with you) and to
comply with your responsibilities and
obligations as stated in this Agreement.
Nontransferable
Your right to use the heal-empower.com web site
is not transferable. Any password or right given
to you by heal-empower.com to obtain information
or documents from the heal-empower.com web site
is not transferable.
Disclaimer
The information provided through this heal-empower.com
web site is for educational and/or informational
purposes only.
THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND
NOTHING CONTAINED IN THIS SERVICE IS INTENDED TO
CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL,
LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT
WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION. We and our
affiliated partners assume no responsibility for
how you use the information provided through
this heal-empower.com web site. You should
always seek the advice of your physician or
other qualified health-care provider prior to
starting any new treatment or with any questions
you may have regarding a specific medical
condition.
PLEASE NOTE THAT MEDICAL INFORMATION CHANGES
RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY
BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES
OR TYPOGRAPHICAL ERRORS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE
AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN YOU AND US.
THIS heal-empower.com WEB SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
heal-empower.com WEB SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER heal-empower.com , NOR
ITS OFFICERS, PROPRIETORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE
ANY LIABILITY TO YOU UNDER ANY THEORY OF
LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR
USE OF heal-empower.com. YOU HEREBY RELEASE AND
FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE
AGAINST heal-empower.com , ITS OFFICERS,
PROPRIETORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT
LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF
heal-empower.com , ITS OFFICERS, PROPRIETORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR
SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN
CONNECTION WITH YOUR USE OF heal-empower.com.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE
TOTAL LIABILITY OF heal-empower.com , ITS
OFFICERS, PROPRIETORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR
LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID
BY THE USER FOR THE PARTICULAR INFORMATION,
GOODS OR SERVICE PROVIDED. IN NO EVENT SHALL
heal-empower.com , ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR
SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR
DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING
FROM ANY USE OF THE INFORMATION OR OTHER PARTS
OF heal-empower.com ARE HEREBY EXCLUDED EVEN IF
heal-empower.com ITS OFFICERS, PROPRIETORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Third Party Rights
The provisions above relating to indemnification
and waiver, release and limitation of liability
are for the benefit of heal-empower.com and its
officers, proprietors, employees, agents,
licensors, suppliers, and information providers.
Each of these individuals or entities shall have
the right to assert and enforce those provisions
directly against you on its own behalf.
Use of Information
We reserve the right to use or assign, and you
authorize us to use or assign, all of the
information regarding the heal-empower.com web
site generated by you and all of the information
provided by you through use of the heal-empower.com
web site by you, in any manner consistent with
our privacy policy.
Third Party Services
We allow access to or advertise third-party
merchant sites ("Merchants") on the heal-empower.com
web site from which you may purchase certain
goods or services. You understand that we do not
operate or control the products or services
offered by Merchants. Merchants are responsible
for all aspects of order processing,
fulfillment, billing and customer service. We
are not a party to the transactions entered into
between you and Merchants. You agree that use of
such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANT ABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS WHICH TAKE PLACE ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR heal-empower.com
WEB SITE.
Third-Party Merchant Policies
All rules, policies (including privacy policies)
and operating procedures of Merchants will apply
to you while you are on such sites. We are not
responsible for information provided by you to
Merchants. Both heal-empower.com and Merchants
are independent contractors and neither party
has the authority to make any representations or
commitments on behalf of the other.
Links to Other Web Sites
The heal-empower.com web site contains links to
other web sites. We are not responsible for the
content, accuracy or opinions expressed in such
web sites, and we do not investigate, monitor or
check such web sites for accuracy or
completeness. Inclusion of any linked web site
on our heal-empower.com web site does not imply
approval or endorsement of the linked web site
by us. If you decide to leave our heal-empower.com
web site and access these third-party sites, you
do so at your own risk.
Information Press Releases
The heal-empower.com web site contains
information and press releases about us. While
this information is believed to be accurate as
of the date prepared and released, we disclaim
any duty or obligation to update this
information or any press releases. Information
about companies other than ours contained in
this press release or otherwise, should not be
relied upon as being provided by or endorsed by
us.
Securities Laws.
The heal-empower.com web site may include
statements concerning our operations, prospects,
strategies, financial condition, future economic
performance and demand for our products or
services, as well as our intentions, plans and
objectives that are forward-looking statements.
These statements are based upon a number of
assumptions and estimates, which are subject to
significant uncertainties, many of which are
beyond our control. When used on our heal-empower.com
web site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended
to identify forward-looking statements designed
to fall within securities law safe harbors for
forward-looking statements.
Severability
The provisions of this Agreement are severable,
and in the event any provision hereof is
determined to be invalid or unenforceable, such
invalidity or un-enforceability shall not in any
way affect the validity or enforceability of the
remaining provisions.
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