Terms & Conditions
By using this website, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to The Body Healer website.
- RIGHT TO ACCESS
You acknowledge and agree that The Body Healer may terminate your access to The Body Healer or to any of the Services offered should you fail to comply with the Terms and Conditions or any other guidelines and rules published by The Body Healer. Any such termination shall be at The Body Healer's sole discretion and may occur without prior notice, or any notice. The Body Healer further reserves the right to terminate any user's access to The Body Healer or to any of Services for any conduct that The Body Healer, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to The Body Healer or its affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. The Body Healer further reserves the right to terminate any user's access to The Body Healer for any reason or for no reason at all, in The Body Healer's sole discretion, without prior notice, or any notice.
All information contained on this site is copyright (c) by The Body Healer, LLC. ("The Body Healer"). All rights reserved. The information contained on this site may not be copied, published, distributed, broadcast or otherwise used for any purpose whatsoever without the prior written consent of The Body Healer.
- PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as, legal, financial, medical or expert advice of any kind. The Body Healer is not responsible for typographical errors, editing errors, or news source errors. The Body Healer STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL, ESPECIALLY HEALTH-RELATED FIELD.
- DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BODY HEALER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BODY HEALER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THE BODY HEALER SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BODY HEALER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. THE BODY HEALER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE BODY HEALER DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE BODY HEALER MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY THE BODY HEALER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
IN JURISDICTIONS THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATED TO IMPLIED WARRANTIES.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL "THE BODY HEALER," ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE website. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF THE BODY HEALER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BODY HEALER. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE BODY HEALER.
UNDER NO CIRCUMSTANCES SHALL The Body Healer OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IN JURISDICTIONS THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATED TO IMPLIED WARRANTIES.
- EXTERNAL LINKS
The Body Healer may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a user to leave The Body Healer to access third-party material. The Body Healer has no control over such sites and resources. You acknowledge and agree that The Body Healer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Body Healer 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The Body Healer Products and Services, 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 Product and Services.
The Body Healer may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. The Body Healer makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to The Body Healer website. The Body Healer shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in The Body Healer' search results or otherwise linked to The Body Healer website or provided to The Body Healer by third parties.
- Linking to The Body Healer
The Body Healer offers a non-assignable, non-transferable, and non-exclusive license to link to The Body Healer's website, using The Body Healer logos and search boxes, subject to the following provisions.
THE BODY HEALER LOGO MAY ONLY BE USED AFTER EXPRESS PERMISSION HAS BEEN OBTAINED FROM THE BODY HEALER. The Body Healer logo may be placed on a website for the sole purpose of creating a link to The Body Healer and allowing users of your site to access The Body Healer. The Body Healer logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by The Body Healer. The Body Healer logo may only be used in the exact size, shape, colors, design, and configuration stated in communication from The Body Healer after permission has been granted to use The Body Healer logo. The Body Healer logo may not be altered in any manner and must appear by itself, with reasonable spacing between each side of the applicable logo and other graphic or textual elements. The Body Healer logos may not be used to disparage The Body Healer, its products or services, or in a manner which, in The Body Healer's reasonable judgment, may diminish or otherwise damage The Body Healer's good will in The Body Healer logos. By using The Body Healer logo, you acknowledge that The Body Healer has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of The Body Healer. The Body Healer reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. The Body Healer reserves the right to take action against any use that does not conform to these provisions.
- NO LICENSE; INTELLECTUAL PROPERTY OF THE BODY HEALER AND OTHERS
Except as expressly provided, nothing within this website shall be construed as conferring any license under any of The Body Healer's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate The Body Healer and the website is protected by copyright, trademark, patent, or other proprietary rights of The Body Healer and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by The Body Healer in connection with the website. You agree not to hold yourself as in any way sponsored by, affiliated with, or endorsed by The Body Healer, any of The Body Healer's affiliates, or any of The Body Healer's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through The Body Healer of any purpose other than the purpose for which such Content is made available to users by The Body Healer. You agree not to defame or disparage The Body Healer, the trademarks or service marks of The Body Healer, or any aspect of the website. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the website or any software or programs used in connection with the website or The Body Healer.
- INDEMNITY AND RELEASE
By using The Body Healer website, you agree to indemnify The Body Healer, LLC. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of The Body Healer website, your use of the website, or your submission of ideas and/or related materials to The Body Healer or from any person's use of any account or password you maintain with any portion of The Body Healer, regardless of whether such use is authorized by you. By using The Body Healer, using the website, or submitting any ideas and/or related materials to The Body Healer, you are hereby agreeing to release The Body Healer and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the website or to any disputes regarding use of ideas and/or related materials submitted to The Body Healer. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
- LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of The Body Healer website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
- FAIR USE
The Body Healer publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. The Body Healer may transform information of the original copyrighted work into a new format and adds new additional information and value in the form of commentary or criticism.
The Body Healer has no intention to compete with the original copyrighted content, but rather has the intention to promote such content and deliver readers to such content. Accordingly, when The Body Healer cites any copyrighted work for commentary or criticism, The Body Healer acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention, and potential advertising revenues, for which The Body Healer requests no payment or consideration.
- INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of The Body Healer to respond expeditiously to claims of intellectual property infringement. The Body Healer will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, The Body Healer will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The Body Healer will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be submitted via our contact form and also sent to:
The Body Healer, LLC.
Seattle, WA 98122
Please clearly state "Notice of Infringement" as the subject line of all such notifications. When The Body Healer removes or disables access to any material claimed to be infringing, The Body Healer may attempt to contact any user who posts such material in order to give that user an opportunity to respond to the notification, although The Body Healer makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. The Body Healer will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before The Body Healer replaces or restores access to any material as a result of any counter notification.
- CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
The Body Healer reserves the right to modify this website from time to time, for any reason, and without notice, including the right to terminate the website. The Body Healer reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between The Body Healer's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual The Body Healer website or in connection with the website are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular website and any information available on or through the website or the respective content location at which those other provisions may be found.
- NON-WAIVER AND SEPARABILITY
The Body Healer's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected.
- NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of The Body Healer.
- SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
- TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the website, unless specifically terminated earlier by The Body Healer. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
- COMMUNICATIONS WITH USERS
You consent to receive communications from The Body Healer concerning your use of the website. The Communications may be those that The Body Healer is required to send to you by law concerning the website. The Communications may also be those that The Body Healer sends to you for other reasons. You consent to receive Communications electronically. The Body Healer may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on The Body Healer. You also consent to receive Communications by the telephone number you provided in connection with your account, if any. You may change the email address to which The Body Healer sends Communications by visiting your account information page.
- SUBMISSIONS OF IDEAS & CONTENT
If you have ideas regarding improvements or additions to The Body Healer, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO THE BODY HEALER BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO THE BODY HEALER, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO THE BODY HEALER THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT THE BODY HEALER IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE BODY HEALER, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
You hereby agree that all content you submit to The Body Healer, via web forms, email, phone calls, or other form of communication shall become the sole property of The Body Healer, and may be used by The Body Healer in any way whatsoever, without limitation.
- VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of The Body Healer, The Body Healer reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on any and all of The Body Healer website.
Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our website.