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YOU MUST READ & AGREE TO THESE Terms &
Conditions:
TERMS OF SERVICE AND CONDITIONS OF USE
The following describes the Terms of Use for the
"Heal Past Lives" business (based in New Jersey USA and the
parent company is "Fun Life Company LLC"). This is hereafter
referred to as "THE COMPANY" (also "I", "we", or "us" can be used).
By visiting, viewing, using, and/or purchasing from
our website - www.healpastlives.com (hereafter "THE WEBSITE") - you, the USER
(hereafter "USER" or "you"), accepts and agrees to be bound by these Terms
and Conditions (hereafter "TOS") and all related Legal Notices
(listed below with links).
Please read this page carefully: if you do not agree to and wish to be
bound by these Terms (TOS), you MUST discontinue accessing and using
this WEBSITE immediately!
THE COMPANY reserves the right to amend or modify these Terms (TOS)
in its sole discretion at any time without notice and by using the website,
you accept those amendments.
It is your responsibility to periodically
check the website for updates. Your continued use of the website after THE
COMPANY posts any changes to these Terms (TOS) constitutes your agreement
to these changes and updates.
DEFINITIONS AND SCOPE:
THE COMPANY'S WEBSITE DEFINED:
The "healpastlives.com" websites (and any other
"internal" websites stemming from it, such as specific membership sites or
web pages linked to or stored in the website's domain or weblog) are an
online (and, periodically, offline) information service. They are subject
to the compliance with the terms and conditions set forth below (for all
parts and parties collectively). These terms apply to the you, the USER,
regardless of whether or not you have purchased anything from THE COMPANY
online or offline (you only need to have viewed/visited the WEBSITE).
THE COMPANY'S ITEMS DEFINED:
The "healpastlives.com" websites offer both free
and paid products, services, and content (including, but not limited to,
course(s), program(s), physical or digital product(s), service(s), or
membership(s), and other related materials) (hereafter "ITEMS") which are
the intellectual property of THE COMPANY and are protected by copyright.
INTENDED AGE:
You, the USER, must be eighteen (18) years or older to access THE COMPANY'S
Website. If you are under eighteen (18) years, you are not permitted to
access this website for any reason. Due to the age restrictions for use of
this website, no information given to us or received from us by minors
(under 18 years, ebooks included) falls within the "Child Online Privacy
Protection Act" (COPPA) and is not monitored as doing so.
GENERAL DISCLAIMER:
COMPANY PURPOSE:
THE COMPANY provides general educational information
on various topics (primarily on past lives, reincarnation, and karma) on THE
COMPANY'S WEBSITE as a public service. THE COMPANY shares its experience,
viewpoints, opinions, counseling, and advice on all these topics for
informational and educational purposes only.
WEBSITE PURPOSE:
Although THE COMPANY strives to provide accurate
information, all content on THE COMPANY'S WEBSITE (including our ITEMS)
is for informational and educational purposes only. It does not constitute
professional advice of any kind and does not establish any kind of
professional-client relationship by your use of this website, its
information, and/or its ITEMS.
NO WEBSITE WARRANTY:
THE COMPANY does not warrant that the information
presented on its WEBSITE is free of any errors or omissions. Our WEBSITE
is not a substitute for any kind of professional advice, and YOU should
not rely solely on this information.
PROFESSIONAL RELATIONSHIP:
A professional-client relationship with YOU is only
formed after THE COMPANY has expressly entered into a written agreement with
YOU that you have signed. This agreement would include our fee structure and
along other terms to work with you (a contrast similar to the COACHING
AGREEMENT below).
NO SUBSTITUTE:
Although THE COMPANY strives to provide accurate
general information, the information presented on our WEBSITE is not a
substitute for any kind of professional advice, and YOU should not rely
solely on this information for any purpose.
NO MEDICAL ADVICE:
THE COMPANY features alternative holistic healing
modalities which do not constitute medical, psychological, or healthcare
advice of any kind. THE COMPANY does not provide medical, health care,
therapy, or any services to diagnose, treat, prevent or cure any kind of
physical ailment, mental and/or emotional illness, or medical condition.
For your health related concerns, please seek the advice of a licensed
physician and/or any other qualified health care provider immediately or
prior to making any medical or health related decisions.
NO FINANCIAL ADVICE:
THE COMPANY features alternative holistic healing
modalities which do not constitute investment, tax, or financial advice
of any kind. THE COMPANY may disclose financial success results of our
customers, including product reviews and testimonials on the WEBSITE.
These financial reports, recommendations, reviews, and testimonials are
accurate when posted. They are strictly for informational purposes only.
YOU are required to perform your own due diligence and research and are
solely responsible for your earnings and results. Your results are contingent
upon your personal circumstances, skills, experience, and actions.
LICENSED PROFESSIONALS:
Always consult a licensed professional in the area
for your particular needs and circumstances prior to making any professional,
healthcare, medical, legal, financial, or tax related decisions. For more,
see THE COMPANY'S LEGAL NOTICES (below).
TESTIMONIALS:
Any and all of the testimonials included on THE
COMPANY'S WEBSITE about its ITEMS are real world examples of other individual's
experiences with our ITEMS. They are not intended to serve as a guarantee
that YOU will achieve the same or similar results.
YOUR RESULTS:
THE COMPANY shares testimonials as examples to YOU
but they do not serve as a guarantee or promise of any kind for YOUR results
if you decide to use the same ITEMS, information, reviews, products, and
techniques we recommend. Each individual's actions will be different and,
therefore, your results will vary accordingly. Therefore, you agree not to
hold THE COMPANY liable for your results (your successes or failures
directly or indirectly) related based our reviews, recommendations, or
testimonials.
TERMS & CONDITIONS INCLUDE:
THE COMPANY'S LEGAL NOTICES:
Any and all other policies, notices, or
other legal-administrative pages contained in THE COMPANY'S Website are
expressly incorporated into these Terms of Service and Conditions of Use.
This may include, without limitation, THE COMPANY'S
Privacy Notice,
Coaching Agreement,
Earnings-Income Disclaimer,
Health-Medical Disclaimer,
Affiliate Disclaimer,
Refund Policy,
Copyrights and Trademarks Notice,
Refund Policy,
FTC Compliance Notice,
Anti-Spam Policy,
DMCA Compliance Notice,
Website Accessibility Policy,
and
Social Media Disclosure
(others may be added in the future).
TERMS & CONDITIONS BENEFICIARIES:
These Terms of Service and Conditions of Use are
for the benefit of THE COMPANY'S Website and its owners, members, officers,
agents, directors, employees, licensors, suppliers, and any THIRD PARTY
information providers to THE COMPANY. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against
those disputing them on its/their own behalf.
THE COMPANY complies with the European Union's
"General Data Protection Regulation" (GDPR).
For more on compliance with the EU's GDPR, refer to the
COMPANY'S Privacy Policy.
USER AGREEMENT (INCLUDES CHANGE POLICY):
By accessing or using THE COMPANY'S Website, you,
the USER, give your Consent and Agreement to these Terms of Service and
Conditions of Use. If you do NOT agree to all these Terms and Conditions,
then do NOT use this Website!
IT IS YOUR RESPONSIBILITY TO READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE COMPANY'S WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU, THE
USER, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE OUR WEBSITE.
THE COMPANY may modify this agreement at any time without individual,
specific notice to you, the user, and such modifications shall be effective
immediately upon posting of the modified agreement on the company's website.
YOU AGREE TO REVIEW THIS AGREEMENT & NOTICES PERIODICALLY to be aware of such
modifications and your continued access or use of our website after such
notice shall be deemed your conclusive acceptance of the modified agreement,
including any and all modifications, additions, deletions, or other changes.
THE COMPANY reserves the right to make changes to the features, functionality,
or content of our Website at any time. THE COMPANY reserves reserve the right
in our sole discretion to edit or delete anything appearing on our Website.
WARRANTY AND RISK:
ASSUMPTION OF RISK:
YOU, the USER of THE COMPANY'S Website, ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET.
THE COMPANY'S Website PROVIDES OUR CONTENT AND RELATED INFORMATION "AS IS".
without warranties of any kind, either express or implied. To the fullest
extent permissible, THE COMPANY disclaims all warranties, including express
or implied warranties of merchantability and fitness for a particular purpose.
Your use of THE COMPANY'S Website or materials linked to it is completely at
your own risk. You should not act or depend on any data on THE COMPANY'S
Website, where applicable, without seeking the counsel of a lawyer licensed
to practice in your jurisdiction for your particular legal issues.
NO WARRANTIES - "AS IS":
YOU, the USER of THE COMPANY'S WEBSITE, AGREE that
this WEBSITE (all of its ITEMS, INFORMATION, AND/OR CONTENT) as well as ITS
BUSINESS PARTNERS WEBSITES (like vendors and affiliates) (hereafter "THIRD
PARTIES") ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS (whether
provided through this website, or on the internet, or offline in any manner).
This means there are NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, including
(but not limited to) the warranty of merchantability, non-infringement of
third parties rights, and the warranty of fitness for any purpose, EXPRESS OR
IMPLIED, TO THE FULL EXTENT PERMITTED BY LAW.
NO WARRANTIES - "FUNCTIONALITY":
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS
TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES, and/or ITEMS
PROVIDED BY/ON THIS WEBSITE. THE COMPANY MAKES no warranties that the website
will perform or operate to meet your requirements OR THAT THE INFORMATION
PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. THE COMPANY disclaims
all warranties, implied and express for any purpose to the full extent permitted
by law.
LIMITATION OF LIABILITY:
NO LIABILITY - HOLD HARMLESS:
YOU agree that under no circumstances, THE COMPANY
and/or our officers, members, employees, successors, shareholders, joint venture
partners, or anyone other THIRD PARTY working with us shall be liable for any
direct, indirect, incidental, consequential, equitable, special, punitive,
exemplary, or any other damages resulting from your use of this website including
but not limited to all the ITEMS, content, information, products, services, etc.
NO LIABILITY - YOUR RISK:
YOU expressly agree that your use of THE COMPANY'S
WEBSITE is at your sole risk and that you are solely responsible for the accuracy
of the personal and any information you provide, the outcome of your actions,
personal and business results, and for all other use in connection with our
website.
NO LIABILITY - ERRORS/OMISSIONS:
YOU also expressly agree that THE COMPANY and/or our
officers, members, employees, successors, shareholders, joint venture partners,
or anyone else working with us shall not be liable to you for any damages
resulting from:
1) any errors or omissions on THE COMPANY'S WEBSITE, delay or denial of any
ITEMS (especially products and/or services), failure of performance of any kind,
interruption in the operation and your use of the website, website attacks
including computer virus, hacking of information, and any other system failures;
2) any loss of income, use, data, revenue, profits, business or any goodwill
related to the website;
3) any theft or unauthorized access by THIRD PARTY of your information from
the website regardless of our negligence; and
4) any use or misuse of the information, ITEMS offered here.
NO LIABILITY - RESULTS:
This limitation of liability shall apply whether such
liability arises from negligence, breach of contract, tort or any other legal
theory of liability. YOU agree that THE COMPANY provides no express or implied
guarantees to you for the content presented here, and you accept that no
particular results are being promised to you.
NO LIABILITY - COSTS:
YOU, the USER of THE COMPANY'S WEBSITE, AGREE that THE
COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY TRANSACTION INVOLVING ITEMS FROM THE COMPANY OR
THIRD PARTIES. You, the user of the company's website or its items, assume
total responsibility and risk for evaluating the accuracy, completeness and
usefulness of all information provided through this website, by the company,
or on the internet, or offline in any manner.
NO ADVICE:
THE COMPANY does not intend with this information, to
render legal, financial, medical, or other professional advice (hereafter
"PROFESSIONALS"). THE COMPANY recommends that you, the USER of the COMPANY'S
ITEMS seek the advice of the appropriately licensed PROFESSIONALS for any
such advice, especially for purchase decisions.
NO COUNSEL:
YOU, the USER, should not act or depend on THE
COMPANY'S Website or on its other communications of whatever kind from
whatever source without seeking the counsel of the appropriate PROFESSIONALS
licensed to practice in your jurisdiction and to advise you on your legal,
financial, medical, healthcare, and/or other professional issues.
EXPRESS DISCLAIMER OF CONSEQUENTIAL DAMAGES:
ERRORS AND OMISSIONS:
IN NO EVENT WILL THE COMPANY, ITS WEBSITE,
OR ANY THIRD PARTIES MENTIONED BY THE COMPANY OR AT OUR WEBSITE BE
LIABLE FOR:
(I) Any incidental, consequential, indirect, or other damages (including,
but not limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the use of
or inability to use our service, or any information, or transactions
provided on, or downloaded from THE COMPANY, or any delay of such information
or service (even if THE COMPANY or its authorized representatives were
advised of the possibility of such damages),
- OR -
(II) Any claim attributable to errors, omissions, or other inaccuracies in
the company's website and/or materials or information downloaded through
THE COMPANY or any other service.
STATE RIGHTS (USA):
Since some states in the United States of America
do not allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you. In such
states, liability is limited to the greatest extent permitted by law,
resulting in the smallest dollar amount permitted for the aggregate
liability for both THE COMPANY and affiliated third parties for a claim
deriving from or related to THE COMPANY or its WEBSITE. This is in place
of any and all other remedies otherwise available to you.
FAIR USE DISCLAIMERS:
AFFILIATE DISCLAIMER:
Also reference our
Affiliate Disclaimer
FAIR USE DISCLAIMER - RECOMMENDATIONS:
THE COMPANY offline or online may recommend and/or
review THIRD PARTY products, services, and/or offerings either for free
and/or as an affiliate receiving some kind of compensation. This may include
but not be limited to posting of content (like articles and/or images)
from THIRD PARTY websites. In doing so, no copyright is claimed for this
kind of content on THE COMPANY'S WEBSITE.
FAIR USE DISCLAIMER - AFFILIATE :
THE COMPANY may partner with other businesses and/or
become part of different affiliate marketing programs whose products and/or
services may be promoted or advertised by THE COMPANY and/on THE COMPANY'S
WEBSITE in exchange for commissions and/or other rewards when YOU click
on links and/or purchase those THIRD PARTY products or services through our
affiliate links. THE COMPANY may receive a commission if you make a purchase
through our affiliate link at no extra cost to you. THE COMPANY provides
these affiliate links on our website for your convenience. We have no control
over these external THIRD PARTY websites and they are solely responsible for
their content and information.
FAIR USE DISCLAIMER - INCENTIVES:
THE COMPANY may or may not receive incentives,
such as discounts, compensation, and/or free products in exchange for our
reviews and sponsored content. Any and all such reviews and/or sponsored
posts are solely our honest opinions made in good faith. You are always
required to perform your own due diligence prior to relying on them.
FAIR USE DISCLAIMER - ENDORSEMENTS:
While THE COMPANY recommends products, services,
coaches, consultants, etc, no such reference is intended to be an
endorsement of their accuracy and/or effectiveness. THE COMPANY has
recommended these resources based on our experience but it is still your
responsibility to conduct your own due diligence of these resources.
FAIR USE DISCLAIMER - NO COMPROMISE:
THE COMPANY'S affiliate and/or THIRD PARTY
relationships in no way compromise the integrity of THE COMPANY'S ITEMS
and/or our WEBSITE. YOU are under no obligation to click on these affiliate
and/or THIRD PARTY links to purchase the products or services being
offered. These affiliate programs are selected based on THE COMPANY'S
personal experiences and preferences.
FAIR USE DISCLAIMER - INFRINGEMENT:
To the extent that THE COMPANY'S reviews and/or recommendations may appear
to infringe the copyrights of THIRD PARTIES, THE COMPANY asserts that such
alleged infringement is permissible under the fair use principles of the
United States of America copyright laws. If anyone believes any material
has been used in an unauthorized manner by THE COMPANY, please contact us
immediately at
legal@healpastlives.com
FAIR USE DISCLAIMER - RESULTS:
THE COMPANY provides recommendations and reviews
as resources from YOU but they do not serve as a guarantee or promise of
any kind for your results (successes or failures) if you decide to use the
same information, products, services, tips, and techniques as detailed in
these resources that THE COMPANY has reviewed and/or recommended. You are
required to perform your own due diligence and research. You are solely
responsible for your decisions and/or purchases based on our reviews and/or
recommendations.
INTERNET RISKS AND HAZARDS:
INTERNET CONTENT:
YOU, the USER of THE COMPANY'S Website, agree that
the internet contains unedited materials some of which are sexually explicit
or may be offensive to you. YOU ACCESS SUCH MATERIALS AT YOUR RISK. THE COMPANY
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR ANY/ALL INTERNET MATERIALS YOU ACCESS.
SOCIAL MEDIA ADVISORY:
YOU, the USER of THE COMPANY'S Website, AGREE
THAT you are solely responsible of your use or disclosure of any personal
identifiable and private information from Social Media sites. THE COMPANY
cannot control or be held accountable for what you decide to share on such
sites. THE COMPANY will defend itself against any libel posted on such
sites by USERS and/or other parties.
MALICIOUS PROGRAMS:
YOU, the USER of THE COMPANY'S Website, AGREE THAT
THE COMPANY cannot and does not guarantee or warrant that files available
for downloading through our Website will be free of malicious programs which
includes viruses, worms, adware, spyware, or other malware code (hereafter
"MALWARE") that will write to and/or destroy your computer. You, the USER,
are responsible for implementing sufficient procedures and control to ensure
the security of your computer (hardware, software, and data) and for
maintaining a means external to THE COMPANY'S Website for the reconstruction
of any of your lost data. THE COMPANY will do its best to ensure that this
Website is free of viruses or other harmful items that can be transmitted
online, that any defects or errors will be corrected on a timely basis, and
that service will remain uninterrupted and problem free.
INTELLECTUAL PROPERTY:
COPYRIGHT NOTICE AND POLICY:
Also reference our
Copyright Notice
INTELLECTUAL PROPERTY DEFINED:
All content on THE COMPANY'S WEBSITE including
but not limited to text, posts, logos, marks, graphics, files, materials,
services, products, videos, audio, applications, computer code, designs,
downloads and all other information here (collectively, the "CONTENT")
is owned by us and is protected by copyright, trademark and other
intellectual property and unfair competition laws with the exception of
any content from others that THE COMPANY IS lawfully permitted to use.
INTELLECTUAL PROPERTY FAIR USE:
YOU are granted a limited revocable license to print
or download CONTENT from THE COMPANY'S WEBSITE for your own personal,
non-commercial, non-transferrable, informational and educational use only
while ensuring it is NOT in violation of any copyright, trademark, and
intellectual property or proprietary rights.
INTELLECTUAL PROPERTY LAWFUL USE:
YOU agree not to copy, duplicate, steal, modify,
publish, display, distribute, reproduce, store, transmit, post, create
derivative works, reverse engineer, sell, rent or license any part of
THE COMPANY'S CONTENT in any way to anyone, without our prior written
consent. You agree to abide by the copyright, trademark laws, and
intellectual property rights and shall be solely responsible for any
violations of these Terms and Conditions.
INTELLECTUAL PROPERTY - USE OF OUR ITEMS:
THE COMPANY'S WEBSITE provides both free and paid
ITEMS which are copyright protected under US and international copyright
laws. YOU are granted a limited revocable license to print or download
ITEMS from our digital products for your own personal, non-commercial,
non-transferrable, informational and educational use only while ensuring
it is not in violation of any copyright, trademark, and intellectual
property or proprietary rights. Copying or storing our ITEMS for other
than personal use is expressly prohibited without our prior written
consent.
INTELLECTUAL PROPERTY - NO ALTERATION:
YOU acknowledge and agree that you have no right
to share, modify, sell, edit, copy, reproduce, create derivative works of,
reverse engineer, enhance or in any exploit our products. You cannot sell
or redistribute any of our products, whether free or paid ones, without our
express written consent. YOU agree to abide by the copyright, trademark
laws and intellectual property rights and shall be solely responsible for
any violations of these terms and conditions.
INTELLECTUAL PROPERTY - PROTECTION:
The entire contents of THE COMPANY'S Website are
protected by intellectual property law, including both domestic (US) and
international copyright and trademark laws. The owner of the copyrights
and/or trademarks-servicemarks for THE COMPANY are the owner(s) of THE
COMPANY'S Website. THE COMPANY acknowledges that the owner(s) of the
copyrights and/or trademarks-servicemarks for THIRD PARTIES are their
respective owners (and not ours).
COMPANY'S WEBSITE AND ITEMS:
OWNERSHIP OF ITEMS:
YOU, the USER of THE COMPANY'S WEBSITE do not own
rights to any of its ITEMS you have viewed and/or purchased (including but
not limited to articles, blog posts, books, ebooks, documents, software,
add-ons, applications, plugins, text, art, graphics, images, photos,
videos, webinars, recordings, or other materials viewed or listened to
through or from THE COMPANY'S WEBSITE or via email or by way of protected
content in a membership site).
USAGE:
You, the USER of THE COMPANY'S Website, are granted
a non-exclusive, non-transferable, revocable license to use THE COMPANY'S
Website only for private, personal, non-commercial reasons. You, the USER,
may print and download portions of THE COMPANY'S ITEMS from the different
areas of the WEBSITE solely for your own non-commercial use, provided that
YOU agree not to change the content from its original form, remove any
references to its origin, or attempt to use it for commercial purposes.
NOTICES:
You, the USER of THE COMPANY'S Website, agree not to
modify or delete any copyright or proprietary notices from the ITEMS you
receive, print, or download from THE COMPANY (especially in conjunction with
the ITEMS). You, the USER, agrees that any notice on any portion of THE
COMPANY'S WEBSITE that forbids printing and downloading of specific content
controls the usage of that content.
TRANSMISSION:
You, the USER of THE COMPANY'S Website, MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE COMPANY'S WEBSITE, INCLUDING TEXT, GRAPHICS,
CODE, VIDEOS, SOFTWARE, and/or any of our ITEMS.
ITEM MODIFICATIONS:
You, the USER of THE COMPANY'S Website, MAY NOT sell
or modify the ITEMS or reproduce, display, publicly perform, distribute,
or otherwise use the material in any way for any public or commercial purposes
(like sales, marketing, or promotion). The use of THE COMPANY'S ITEMS
on any other website or in a networked computer environment for any purpose
is strictly prohibited.
RECORD-KEEPING:
You, the USER of THE COMPANY'S Website, must retain
all proprietary notices contained in the original material on any copy you
make of any of THE COMPANY'S PROPERTY or ITEMS.
THIRD PARTY CONTENT, PRODUCTS, SERVICES, AND LINKS:
NO THIRD PARTY ENDORSEMENT:
YOU, the USER of THE COMPANY'S Website, understand
that, except for information and ITEMS clearly identified as being supplied
by our Website and/or THE COMPANY, that THE COMPANY does not operate, control,
or endorse any information, products, services, or memberships from THIRD
PARTIES.
THIRD PARTY INFORMATION:
Except for information and ITEMS identified
by THE COMPANY as being controlled by THE COMPANY, all information and
ITEMS offered through our Website or on the Internet are offered by
THIRD PARTIES which are NOT controllable by THE COMPANY and for which
THE COMPANY may (or may not) be compensated directly or indirectly.
THIRD PARTY AGENT:
THE COMPANY has been granted specific approval
from THIRD PARTIES to use information supplied to it by the THIRD PARTIES.
This applies whether this information has originated from THIRD PARTY sites,
their sales-promotional materials, and their correspondence whether by paper
mail, email, text, phone, web-form, or other form of communication not
listed here.
LINKS TO OTHER WEBSITES:
THE COMPANY'S Website contains links to THIRD
PARTY Websites. THE COMPANY'S Website makes no representations whatsoever
about any other website which YOU, the USER of THE COMPANY'S Website, may
access through this one or which may link back to our Website. When you access
another website from our Website, you understand that it is independent from
our Website, and that THE COMPANY has no control over other websites.
LINKS PURPOSE:
These links are provided solely by THE COMPANY as a
convenience to you, the USER, and is not as an endorsement by our Website
of the contents on such THIRD PARTY websites. THE COMPANY'S Website is not
responsible for the content of linked THIRD PARTY websites and does not
make any representations regarding the content or accuracy of material on
such THIRD PARTY websites.
LINKS FROM OUR WEBSITE - YOUR RISK:
If YOU, the USER, decide to access linked THIRD PARTY
websites, you do so at your own risk. THE COMPANY does not endorse,
recommend, suggest, or otherwise advise action regarding any purchases.
You should assume THE COMPANY is compensated for any purchases you make
AND that any income claims should be construed as atypical results. You
MUST assume the risk that inferior results obtain, including losses, for
which THE COMPANY has no responsibility or liability.
LINKS FROM OUR WEBSITE - NO LIABILITY:
THE COMPANY'S WEBSITE may contain links to third-party
websites and/or resources for your convenience. THE COMPANY cannot be held
accountable or responsible for the accuracy of links to other websites. THE
COMPANY does not own or control these third-party websites. Once YOU click on
a third-party link and leave THE COMPANY'S WEBSITE, you are no longer bound by
our terms and conditions. THE COMPANY may or may not serve as an affiliate
for some of these third-party websites by offering or advertising their
products and/or services in return for financial compensation.
LINKS FROM OUR WEBSITE - NO ACCURACY:
YOU agree that THE COMPANY is not responsible or liable for the accuracy,
content, or any information presented on these third-party websites. YOU
assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between
you and the third party. THE COMPANY shall not be liable for any damages
resulting from your use of these third-party websites and/or resources.
All links to THIRD PARTIES were accurate at the time of publication.
USER CONTENT:
WARRANTY OF USER CONTENT:
For any content or information that YOU upload,
display, post, transmit, send, email, or submit to us on THE COMPANY'S
WEBSITE or on any of our social media sites, you warrant that you are the
owner of that content or information and that you have express permission
from the owner of those intellectual property rights to use and distribute
that content to us.
LICENSE OF USER CONTENT:
YOU grant us and/or our officers, employees,
successors, shareholders, joint venture partners or anyone else working
with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to identify you, publish, post, reformat, copy, distribute, display,
edit, reproduce any content provided by you on THE COMPANY'S WEBSITE and on
any of our social media sites for any purpose.
LIABILITY ON USER CONTENT:
YOU shall be solely liable for any damages resulting
from any infringement of copyrights, trademark, or other proprietary rights
of any content or information you provide to us.
OWNERSHIP OF ITEMS:
The posting of YOUR data on THE COMPANY'S WEBSITE
does not give you the USER any rights to the data or any compensation for
it. You, the USER, surrender any rights to your content once it becomes
part of THE COMPANY'S WEBSITE.
PROHIBITED USE OF THE COMPANY'S WEBSITE:
PROHIBITED USE - LEGAL:
You, the USER of THE COMPANY'S Website, agree
to use the product(s), service(s), or membership(s) (hereafter ITEMS) and
PROPERTY offered by the COMPANY in a manner consistent with all applicable
local, state, and federal laws and regulations of the United States of America.
THE COMPANY prohibits conduct from its USERS that might constitute a criminal
offense, give rise to civil liability, or otherwise violate any law or
regulation, domestic (US) or international.
PROHIBITED USE - OFFENSIVE:
You, the USER of THE COMPANY'S Website, agree
that you shall not store or transmit the COMPANY'S PROPERTY or its ITEMS in
a manner which infringes or violates the rights of others. You the USER agree
that you shall not not store or transmit the COMPANY'S PROPERTY or its ITEMS
in a manner which is unlawful, obscene, profane, indecent or otherwise objectionable,
threatening, hateful, defamatory, or invasive of privacy or publicity rights.
PROHIBITED USE - INTERFERENCE:
You, the USER of THE COMPANY'S Website,
agree that any of your activity(s) that restricts or inhibits any other user
of the COMPANY'S Website from viewing its PROPERTY or from purchasing or using
its ITEMS is prohibited.
PROHIBITED USE - SOLICITATION:
You, the USER of THE COMPANY'S Website,
may not post or transmit advertising or commercial solicitation on our website
unless this has been expressly permitted by a written agreement signed by
all members of THE COMPANY (which is unlikely to happen).
GENERAL ACCESS TO THE COMPANY'S WEBSITE:
WEBSITE PURPOSE:
THE COMPANY'S WEBSITE exists to promote the sale
of its ITEMS. You, the USER of THE COMPANY'S WEBSITE, should assume that
no other party, by mere mention of their name, has endorsed any of our ITEMS
or PROPERTY. You, the USER of THE COMPANY'S WEBSITE, should assume that at
all times that THE COMPANY is being compensated both for the sale of its
ITEMS as well as for the sale of THIRD PARTY ITEMS recommended or listed on
COMPANY'S WEBSITE (whether or not this has happened).
SERVER ERRORS:
YOU, the USER of THE COMPANY'S WEBSITE, understand that
THE COMPANY DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR
THAT OUR WEBSITE AND ITS SERVER ARE FREE OF MALWARE. IF YOUR USE OF THE
COMPANY'S WEBSITE OR ITS ITEMS RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
SERVICE QUALITY:
THE COMPANY'S WEBSITE DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR WHEN ANY DEFECTS WILL BE CORRECTED.
THE COMPANY AND ITS THIRD PARTIES MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF INFORMATION ON THE WEBSITE
OR THEIR ITEMS.
WEBSITE CONTENT ERRORS & OMISSIONS:
YOU, the USER of THE COMPANY'S Website,
understand that our content may contain inaccuracies or typographical errors.
THE COMPANY'S Website makes no representations about the accuracy, reliability,
completeness, or timeliness of the content or about the results to be obtained
from using our Website or its content or purchasing the COMPANY'S ITEMS. Use
of THE COMPANY'S Website and its content is at the USER'S own risk. The USER
understands that changes are periodically made to THE COMPANY'S Website, and
may be made at any time.
LINKS TO OUR WEBSITE:
YOU, the USER of THE COMPANY'S Website, may provide
links to our website, provided you do not change, remove, or obscure the
copyright notice or other notices on THE COMPANY'S Website.
LINKS TERMINATION:
YOU, the USER of THE COMPANY'S Website, must stop
linking to our Website immediately upon request by THE COMPANY (which is at
our sole discretion).
YOUR DUTY TO OTHER USERS:
YOU, the USER, visits THE COMPANY'S WEBSITE, for your
own personal, non-commercial benefit. You may not use our Website in a way
that "mines" the personal information of others in any manner for your own
use or for the benefit of others such as spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users from your
relationship with THE COMPANY, you agree not to share it.
YOUR DUTY TO THE COMPANY:
YOU, the USER of THE COMPANY'S Website, agree not
to upload, display, post, transmit, distribute, send, email or submit to us
on the website and/or on any of our social media sites any information or
content that is:
1- illegal, violates or infringes upon the rights of others,
2- defamatory, abusive, profane, hateful, vulgar, obscene, libelous,
pornographic, threatening,
3- a promotion of illegal, unlawful, or offensive (hate, pornography,
and the like) activities,
4- encourages or advocates conduct that would constitute a criminal
offense, giving rise to civil liability or otherwise violate any law,
5- distribute material including but not limited to spyware, computer
virus, any kind of malicious computer software or any other harmful
information that is actionable by law,
6- any attempts to gain unauthorized access to any portion or feature
of the website, and
7- send unsolicited or unauthorized material or cause disruption in the
operation of the website.
YOUR LEGAL/LAWFUL DUTY:
YOU agree to use the website for lawful purposes
only and YOU shall be liable for damages resulting from the violation of
any provision contained in these Terms and Conditions.
RESTRICTED ACCESS TO THE COMPANY'S WEBSITE:
RESTRICTED ACCESS:
Access to certain areas of THE COMPANY'S Website
is restricted. THE COMPANY reserves the right to restrict access to certain
areas of our Website, or our whole website, at our discretion.
USER ACCESS:
If THE COMPANY provides you, the USER, with a
user identification (ID/username) and password to enable you to access these
restricted areas of THE COMPANY'S Website or other content or ITEMS, you,
the USER, must ensure that that this user identification and password is
kept confidential at all times.
USER CONFIDENTIALITY:
You, the USER of the COMPANY'S WEBSITE, may not share
your user identification and/or password with anyone for any reason, either
directly or indirectly. You, the USER, accept responsibility for all
activities that occur under your user user identification and/or password.
ACCESS TERMINATION:
THE COMPANY may disable the user identification
and password of any USER at our sole discretion. This will happen if you,
the USER, breaches any of the policies or terms governing your use of THE
COMPANY Website or any other contractual obligation you owe us.
TESTIMONIALS AND USER SUBMISSIONS:
USER RESPONSIBILITY:
You, the USER, are responsible for your own
communications and are responsible for the consequences of your posting(s).
You, the USER of THE COMPANY'S Website, must not do the following things:
1- Post material that is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it.
2- Post material that reveals trade secrets, unless you own them or have the
permission of the owner to do so.
3- Post material that infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others.
4- Post material that is obscene, sexually explicit, profane, defamatory,
threatening, harassing, abusive, hateful, embarrassing, or offensive to
another USER or to any other person or entity or law enforcement.
5- Post advertisements or solicitations of business.
6- Post chain letters or pyramid schemes.
7- Post impersonating another person or entity.
USER SUBMISSIONS:
You, the USER, agree to grant to THE COMPANY a
non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, any testimonials and
ideas contained therein
for new or improved products and services) you submit to any public areas of
our website (such as bulletin boards, forums, blog, and newsgroups) or by
email to our website by all means and in any form of communication listed or
not listed here.
USER IDENTIFICATION:
You, the USER, agree to grant to THE COMPANY the
right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing, and
promotional material related thereto.
TESTIMONIALS:
All testimonials are a result of the experience
of THE COMPANY'S USER(S) and were provided by each individual or business.
Where specific earnings and income testimonials are used and attributed to
an individual or business, they are believed by THE COMPANY to be accurate
but they have NOT be verified by THE COMPANY for truthfulness nor should
they be used as an indication or prediction of anyone's results, especially
your own.
TESTIMONIAL PURPOSE:
Testimonials on THE COMPANY'S Website about
earnings or income, in their sales or promotional materials, or communicated
by any other means, about earnings or income results are for educational and
illustrative purposes only. Although every effort is made to ensure that
THE COMPANY'S testimonials are factually honest, they are not intended to
promise of imply what is likely to happen in your case and you, the USER,
should not rely on them to make any purchasing decision.
TESTIMONIAL SOURCE:
Any testimonials may be provided by USERS or THIRD
PARTIES are unsolicited and are not financially compensated by THE COMPANY.
SCREENING:
THE COMPANY does not represent or guarantee the
truthfulness, accuracy, or reliability of any communications posted by other
USERS on our Website or endorse any opinions expressed by anyone about our
Website. THE COMPANY does not necessarily screen communications in advance
and is not responsible for screening or monitoring material posted by our
USERS.
NO LIABILITY:
THE COMPANY has no liability or responsibility to
USERS for the performance or nonperformance of others, including THIRD
PARTIES. THE COMPANY reserves the right to expel USERS and to prevent their
further access to THE COMPANY'S WEBSITE for violating this Agreement or any
law or regulation, and also reserves the right to remove communications
which are abusive, offensive, or illegal.
NO RELIANCE:
You, the USER, acknowledges that any reliance on
information posted by other USERS will be at your own risk. You further
agree that you shall have no recourse against THE COMPANY for any alleged
or actual infringement or misappropriation of any proprietary right in
your communications to THE COMPANY'S WEBSITE.
REMOVAL:
If it is observed by THE COMPANY and/or it is notified
by a USER of communications which are viewed as not conforming to this
Agreement, THE COMPANY may investigate the allegation and determine in good
faith and its sole discretion whether to remove or request the removal of
this non-conforming communication.
PROFESSIONAL CONSULTATION:
PROFESSIONAL ADVICE:
THE COMPANY'S ITEMS are primarily focused on holistic
counseling and the related tools and resources to achieve that purpose. THE
COMPANY'S ITEMS are NOT intended to provide advice on financial, legal, or
medical matters, which are the under the jurisdiction of lawyers, accountants,
tax professionals, investment advisors, medical professionals, healthcare
workers, and other trained and/or licensed professionals (hereafter
"PROFESSIONALS"). You agree, acknowledge, and accept that we are not trained
professionals with licences from any government. THE COMPANY does not purport
to render professional or expert advice in any arena.
NO LEGAL ADVICE:
YOU, the USER of THE COMPANY'S WEBSITE, understand
that data/information contained on or made available through our Website is
not intended to be, and does not constitute, LEGAL advice. Our Website,
and your use of it, does not create an attorney-client relationship.
THE COMPANY does not warrant or guarantee the accuracy, adequacy, or recency
of the data/information contained in or linked to our Website or in any
related material(s).
NO MEDICAL-HEALTH ADVICE:
YOU, the USER of THE COMPANY'S WEBSITE, understand
that data/information contained on or made available through our Website is
not intended to be, and does not constitute, MEDICAL OR HEALTH advice. Our
Website, and your use of it, does not create a physician-patient relationship.
THE COMPANY does not warrant or guarantee the accuracy, adequacy, or recency
of the data/information contained in or linked to our Website or in any
related material(s).
NO FINANCIAL ADVICE:
YOU, the USER of THE COMPANY'S WEBSITE, understand
that data/information contained on or made available through our Website is
not intended to be, and does not constitute, FINANCIAL OR INVESTING advice.
Our Website, and your use of it, does not create an advisor-client relationship.
THE COMPANY does not warrant or guarantee the accuracy, adequacy, or recency
of the data contained in or linked to our Website or in any
related material(s).
DISPUTES AND ARBITRATION:
TIME LIMIT:
Any cause of action by YOU, the USER, with
respect to THE COMPANY'S WEBSITE must be instituted within one (1) year
after the cause of action arose or be forever waived and barred.
ARBITRATION FIRST:
You, the USER, agree to first resolve any disputes
or claims through mandatory arbitration. You agree that the sole and proper
jurisdiction and courts to be in the city and state of THE COMPANY (Marlton,
New Jersey (NJ) in Evesham Township, Burlington County, NJ, United States
of Americs) without regard
to conflict of law principles or where the parties are located at the time
of the dispute. In the event that litigation is in a federal court, the
proper court shall be the closest federal court to THE COMPANY'S address
noted above which is also published on their website(s).
JURISDICTION AND VENUE:
In the event of a dispute, claim, or controversy
arising from or relating to your use of THE COMPANY'S ITEMS and/or WEBSITE,
the USER agrees that the applicable law to be applied shall be that of the
State of THE COMPANY (which is the State of New Jersey (NJ) in the United
States of America) (as noted above). These Terms and Conditions and all
Legal Notices shall be construed in accordance with these laws.
BINDING ARBITRATION:
The USER expressly agrees to use binding arbitration
for any claim, dispute, or controversy (hereafter "CLAIM") of any kind
(whether in contract, tort or, otherwise) arising out of use of THE COMPANY'S
WEBSITE or THE COMPANY'S ITEMS or any AFFILIATE offerings THE COMPANY promotes
and/or recommends (hereafter "OFFERINGS").
ARBITRATION FIRST:
You, the USER, agrees that your participation in
arbitration in good faith is a condition precedent to pursuing any other
legal or equitable remedies available, such as litigation or any other legal
procedure. In no case shall the USER have the right to go to a court of law
or have a jury trial whether at the US Federal or State level unless
Arbitration has been pursued first. The USER will not have the right to
participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration.
APPLICABLE ARBITRATION RULES:
The USER agrees that this Binding Arbitration
shall be conducted pursuant to the rules of the American Arbitration Association
(hereafter "AAA") which are in effect on the date a dispute is submitted to the
AAA. Information about the American Arbitration Association, its rules,
and its forms are available from the AAA on its website
(https://www.adr.org/Rules)
The Arbitration hearing will take place
in the city or county of THE COMPANY (see VENUE).
ARBITRATION - INDIVIDUAL:
All claims shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party.
RESOLUTION:
Any legal claim arising out of or relating to these
Terms of Service and Conditions of Use or our Website, excluding intellectual
property right infringement and other claims by THE COMPANY, shall be settled
confidentially through mandatory binding arbitration per the American Arbitration
Association Commercial Arbitration rules.
FINAL DECISION:
The arbitrator's decision will be final and binding
with limited rights of appeal. If any matter concerning this purchase shall
be brought before a court of law, pre-or-post-arbitration, you, the USER,
agree to bear the full cost of litigation, to the extent permitted by law.
COSTS OF ARBITRATION-COURT:
The prevailing party to any arbitration and/or
litigation will be shall be reimbursed by the other party for any and all
costs of the arbitration or litigation, including but not limited to attorney
fees, filing fees, investigation fees, collection fees, travel expenses, and
any other reasonably related costs.
POST-ARBITRATION COSTS:
You also agree that if a legal claim is filed after
the required arbitration, the prevailing party shall be entitled to recover
reasonable attorney's fees and other legal costs.
DISCOVERY:
THE COMPANY reserves the right to investigate complaints
or reported violations of these Terms of Service and Conditions of Use. THE
COMPANY reserves the right to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other authorities and disclosing any data necessary
or appropriate to such persons or entities relating to your email addresses,
usage history, IP addresses (via web-form), traffic data, and other "personally
identifiable" information.
INDEMNIFICATION:
INDEMNIFICATION - YOUR DUTIES:
YOU agree to indemnify, defend, and hold harmless
THE COMPANY and/or its officers, members, directors, employees, agents,
successors, shareholders, joint venture partners, suppliers, licensors,
and/or any THIRD PARTY working with THE COMPANY from and against all losses,
claims, damages, demands, actions, suits, proceedings or judgments, including
costs, expenses, and reasonable attorneys' fees (hereafter "COSTS") assessed
against or otherwise incurred by YOU arising, in whole or in part, from:
(a) actions or omissions, whether done negligently or otherwise, by YOU
or anyone related to you (such as your agents, directors, officers,
employees, and/or representatives);
(b) all your actions and use of the website, including but not limited
to, purchasing ITEMS from THE COMPANY and/or from THIRD PARTIES;
(c) violation of any laws, rules, regulations, or ordinances by YOU
or anyone related to you;
(d) violation of any of this Agreement (including negligent or wrongful
conduct by YOU or anyone related to you);
(e) infringement by YOU or any other user of your account of any of THE
COMPANY'S intellectual property or other rights.
