- ACCEPTANCE OF TERMS
By accessing or using www.thebodyhealer.com (hereafter referred to as the "website") or any mobile version thereof you (the "User") signify that you have read, understand and agree to be bound by these Terms & Conditions ("Terms & Conditions" or "TOS"), whether or not you are a registered User of The Body Header. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms & Conditions at any time without notice. If we do this, we will post the changes to these Terms & Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new Terms & Conditions. If you do not agree to abide by these or any future Terms & Conditions, do not use or access (or continue to use or access) the website. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms & Conditions and to review such changes.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- DESCRIPTION OF SERVICES
The Body Healer provides Users with access to a collection of resources, including various communications tools, forums, member services, and personalized content on the website (the "Services"). You also understand and agree that the Services may include advertisements. You also understand and agree that the Services may include certain communications from The Body Healer, such as service announcements, administrative messages and The Body Healer e-newsletter (to which the User may subscribe and unsubscribe to at any time), and that service announcements and administrative messages are considered part of The Body Healer membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new The Body Healer properties, shall be subject to the TOS. You understand and agree that the Services are provided "AS-IS" and that The Body Healer assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
This website is intended solely for Users who are thirteen (13) years of age or older, and Users of the website under 18 require to gain the permission and/or supervision of a parent or guardian.
- PROPRIETARY RIGHTS IN WEBSITE CONTENT
All content on the Site and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the " Content"), are the property of The Body Healer, its Users, or its licensors with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The Body Healer's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the website. Provided that you are eligible for use of the website, you are granted a limited license to access and use the website and the website Content and to download or print a copy of any portion of the website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the website Content is strictly prohibited. Such license is subject to these Terms & Conditions and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the website or the website Content other than as specifically authorized herein, without the prior written permission of The Body Healer, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
- TRADEMARK INFORMATION
The Body Healer, logos, content, and website design, are registered trademarks in the U. S. A. The Body Healer's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
- MEMBER CONDUCT
You understand that except for advertising programs offered by us on this website, the website is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your User account or otherwise posted, transmitted, or shared by you on or through this website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Under no circumstances will The Body Healer be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services
In addition, you agree not to
use the Services or the website to:
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use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
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use automated scripts to collect information from or otherwise interact with the Service or the Site;
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upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
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register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity without their express permission;
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impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
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upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
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upload, post, transmit, share or otherwise make available any material that contains 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;
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intimidate or harass another;
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upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
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use or attempt to use another's account, service or system without authorization from the The Body Healer, or create a false identity on the Service or the Site.
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upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Body Healer, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose The Body Healer or its Users to any harm or liability of any type.
- USER CONTENT POSTED ON THE WEBSITE
You are solely responsible for the information, forum messages, video, advertisements, listings, and other content that you upload, publish or display (hereafter referred to as "post") on or through the website, or transmit to or share with other Users (collectively the "User Content"). You may not post, transmit, or share User Content on the website or Services that you did not create or that you do not have permission to post. You understand and agree that The Body Healer may, but is not obligated to, review the website and may delete or remove (without notice) any website Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of The Body Healer violates this Agreement or The Body Healer Privacy Policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to The Body Healer.
The Body Healer does not claim any ownership over your User Content you submit or make available for inclusion on the Service. However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the website, you grant The Body Healer the following worldwide, royalty-free and non-exclusive license(s), as applicable:
When you post User Content to the website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the website. By posting User Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to The Body Healer an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof, to prepare derivative works of, or to incorporate into other works, such User Content. This also remains in effect if you choose to cancel your membership without first choosing to remove all User Content submitted by you. You may remove your User Content from the website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that The Body Healer may retain archived copies of your User Content.
- REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, The Body Healer has adopted a policy of terminating, in appropriate circumstances and at The Body Healer’s sole discretion, Users and registered Users who are deemed to be repeat infringers. The Body Healer may also, at its sole discretion, limit access to the website and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- NOTICE & PROCEDURE FOR COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on The Body Healer website or Services any materials that violate another party's intellectual property rights. When we receive notice of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Body Healer's Copyright Agent the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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a description of the copyrighted work or other intellectual property that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the site;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Body Healer's Copyright Agent can be reached via our contact form.
- USER DISPUTES
You are solely responsible for your interactions with other Users on this website. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
- INDEMNITY
You agree to indemnify and hold The Body Healer and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available through the website, your use of the website, your connection to the website, your violation of the TOS, or your violation of any rights of another.
- MODIFICATIONS OF ANY SERVICE
The Body Healer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that The Body Healer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- TERMINATION
You agree that The Body Healer may, under certain circumstances and without prior notice, immediately terminate your User account, any associated email address, and access to any Services provided on this website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the website. Termination of your User account includes (a) removal of access to all Services offered on this website, (b) deletion or archival of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the website. Further, you agree that all terminations for cause shall be made in The Body Healer's sole discretion and that The Body Healer shall not be liable to you or any third party for any termination of your account, or access to the this website.
- COMMUNICATION WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Body Healer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- OUR PROPRIETARY RIGHTS
You acknowledge and agree that the website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by The Body Healer or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website, in whole or in part.
You agree not to access the website by any means other than through the interface that is provided by The Body Healer for use in accessing the website.
- Non-Transferability & No Right of Survivorship
You agree that your User Account is non-transferable without the express written permission of The The Body Healer and any rights to your User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
- Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- General Information on the TOS
The TOS constitutes the entire agreement between you and The Body Healer and governs your use of this website and all it's Services, superseding any prior agreements between you and The Body Healer with respect to the use of this website and all it's services. You also may be subject to additional terms and conditions that may apply when you use certain other Services on this website.
The TOS and the relationship between you and The Body Healer shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and The Body Healer agree to submit to the venue and exclusive jurisdiction of the courts located within the county of Douglas, Colorado.
The failure of The Body Healer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BODY HEALER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE BODY HEALER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BODY HEALER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BODY HEALER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BODY HEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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