TERMS & CONDITIONS
This agreement (hereinafter, the “Agreement”) between Earth’s Healing Cafe LLC (hereinafter EHC “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the EHC or EHC sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by EHC.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU 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 THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. EHC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; access the Sites or Services by any means other than through the standard industry-accepted or EHC-provided interfaces; transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity; impersonate any person or entity, including without limitation an EHC official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; post or transmit any material that contains a virus or corrupted data; delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; use of any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; violate any applicable local, state, national or international law; upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; delete or revise any material posted by any other person or entity; manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any EHC product or Service if you are not expressly authorized by such party to do so; or use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair EHC’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to EHC through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
Certain products or Services may be offered for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by EHC or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide EHC or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Disclaimer Regarding Links
The links on the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). EHC provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has EHC reviewed or approved the content which appears on the Linked Sites. EHC is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that EHC 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 the use of any of the links, content, goods or services available on or through the Linked Sites.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that EHC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of EHC or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning EHC or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to EHC shall be fully paid-up and royalty free. In addition, under no circumstances shall EHC have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of EHC business through a merger, sale or transfer of all or substantially all of the assets of EHC, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on EHC’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
Professional Advice Disclaimer
EHC’S SITE DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON OUR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITE IS CONTINUALLY UNDER DEVELOPMENT AND EHC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that EHC, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
You agree to indemnify, defend, and hold EHC and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to EHC or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by EHC infringe your copyright, you, or your agent may send to EHC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon EHC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to EHC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
By using this website (EHCAFE.COM and EARTHSHEALINGCAFE.COM), you affirm your understanding that Earth’s Healing Cafe, LLC, its owners, members, and employees are not medical doctors and are not here for medical diagnostic or treatment procedures. The information given on this website and via e-mail response to questions submitted through forms is for educational purposes only on the subject of health matters. The information given on this website is only intended to help improve your life with fruits, vegetables, herbs and various natural healing modalities and does not involve the diagnosing, treatment, or prescribing of remedies for the treatment of diseases. If you choose to follow any advice on this website or the advice e-mailed to you in response to the questions submitted, you choose to follow the information received on your own behalf based on your own beliefs. By using this website, you assume total responsibility and liability for your own actions. All rights reserved.