Terms of Service Agreement
Effective Date: August 22, 2011.
2. Links to Other Web Sites. The Site may contain links to third-party websites that are not controlled by Global Healing. Global Healing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You expressly agree that Global Healing is not liable for any claims arising from your use of any third-party website. Unless we expressly state otherwise, the fact that a link to a third-party website is provided on the Site is not an endorsement or affiliation with respect to such website or its owners or providers.
3. Use of the Site. Global Healing hereby grants you permission to use the Site as set forth in this Agreement provided that you comply with the Agreement. Global Healing reserves the right to terminate this Agreement with or without notice for any or no reason, or for your violation of any provision of the Agreement and to modify or discontinue, temporarily or permanently, all or any portion of the Site at any time without liability to Global Healing.
Except as expressly permitted on the Site (for instance, by subscribing to a service or clicking a “download” link), you agree not to use, copy, modify, reformat, create derivative works, publicly display, download, store, transmit, provide links to, post, or distribute any content on the Site, including without limitation, text, scripts, graphics, software, data, Information, photos, images, and the like (“Content”) or use any Content for commercial purposes without obtaining prior written consent from Global Healing. Only in accordance with the foregoing, you may download Content displayed on the Site; however, you must maintain all copyright and other proprietary notices contained on the Content.
You may not use the Site in any manner that is illegal or harmful to the Site. Specifically, but not limited to, you must not:
- Use the Site through unauthorized interfaces or protocols;
- Submit, email, transmit or otherwise make available (“submit”) material that infringes the rights of others (including but not limited to any intellectual property rights) or is illegal, harmful, abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, abusive, inaccurate, hateful, sexually oriented, defamatory, invasive of personal privacy, harassing, threatening, violative of any law, regulation or order, or otherwise objectionable;
- Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Content (accept as applicable law expressly permits);
- Remove, obscure or alter any notices or indications of any Intellectual Property rights;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the Site servers;
- Take any action that imposes an unreasonable or large load on our infrastructure;
- Submit any solicitations, advertisements, chain letters, pyramid schemes, spyware, or spam;
- Submit invalid data, viruses, worms, or other harmful software to the Site;
- Restrict or inhibit any other user from using and enjoying any public area within the Site;
- Collect or harvest any personally identifiable information from the Site, nor use the services provided by the Site for any commercial solicitation purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site, except that Global Healing grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
- Interfere or attempt to interfere with the proper working of the Site or use the Site in a way that disables it or prevents or inhibits anyone from using it; or
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
- Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
- Engage in any illegal activities.
4. Intellectual Property Rights. Global Healing or its licensors, have exclusive proprietary rights to its Content that is provided on the Site. Any of Global Healing’s trademarks, service marks, trade names, icons, logos, patents, trade secrets and copyrights that are provided or embodied on the Site (“Intellectual Property”) are the exclusive property of Global Healing or its licensors. Global Healing retains all rights in its Content and Intellectual Property that are not expressly granted in this Agreement. Global Healing’s Content and Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Global Healing.
5. Donations. The Site provides methods for making donations to Global Healing. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a donation. There are no refunds for any donations made to us. You must be 18 years of age or older to make a donation. Global Healing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party payment processor. You expressly agree that Global Healing is not liable for any claims arising from your use of a third-party payment processor. You also understand that you are solely responsible for determining the proper tax treatment for any donation you make through the Site. Global Healing cannot and will not provide any tax or legal advice to you in connection with any donation you might make. If you elect to provide a donation, you should consult with your own accountants and tax and legal advisors.
6. Warranty Disclaimer. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material from the Site. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOBAL HEALING OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GLOBAL HEALING, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
GLOBAL HEALING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GLOBAL HEALING SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GLOBAL HEALING WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLOBAL HEALING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL GLOBAL HEALING BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL HEALING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL GLOBAL HEALING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GLOBAL HEALING HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GLOBAL HEALING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. Indemnity. You agree to indemnify and hold Global Healing and its owners, affiliates, agents, directors, officers, employees, and licensors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right. This indemnification obligation will survive termination of this Agreement and will apply even if you discontinue use of the Site.
9. Ability to Accept Agreement. By your use of the Site, you affirm that you are either at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations, set forth in this Agreement. In any case, you affirm that you are 13 years old or older, as the Site is not intended for children under the age of 13. If you are under 13 years of age, do not use the Site.
10. Assignment. This Agreement and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by Global Healing without restriction, including without limitation, in the event that Global Healing, forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.
11. Term and Termination. Your permission to access the Site under this Agreement will immediately terminate if you violate any term of this Agreement. You agree that Global Healing, in its sole discretion and with or without notice, may terminate this Agreement or your access to any or all of the Site. Your obligations shall survive termination of this Agreement.
12. Notices. We may notify you of certain Site news or events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by sending a message to firstname.lastname@example.org. If you do not provide us with accurate information, we shall not be held liable if we fail to notify you. You may also contact us by writing to:
Attn: Luke Ifland
2140 Shattuck Avenue, Suite 203
Berkeley, California 94704
13. Governing Law. You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be collectively deemed a passive service that does not give rise to personal jurisdiction over Global Healing, either specific or general, in jurisdictions other than California. You agree that this Agreement shall be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflict of law or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Alameda County, California, unless submitted to arbitration as described in the following paragraph.
14. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16. No Waiver. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and Global Healing’s failure to assert any right under this Agreement shall not constitute a waiver of such right.
Recent Updates: None at this time.