These Terms of Use ("Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Healing Art of Awareness ("we," "us," or "our"), concerning your access to and use of the www.healingartofawareness.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to and deemed to have been made aware of and to have accepted the changes in any revised Agreement by your continued use of the Site after the date such revised Agreement is posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in this Agreement, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
User Representations
By using the Site, you represent and warrant that:
1. All registration information you submit is true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3. You have the legal capacity and agree to comply with this Agreement;
4. You are not a minor in the jurisdiction in which you reside;
5. You will not access the Site through automated or nonhuman means, whether through a bot, script, or otherwise;
6. You will not use the Site for any illegal or unauthorized purpose; and
7. Your use of the Site will not violate any applicable law or regulation.
If you provide any untrue, inaccurate, not current, or incomplete information, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
User Registration
You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. Use a buying agent or purchasing agent to make purchases on the Site;
3. Make any unauthorized use of the Site, including collecting users' usernames and/or email addresses by electronic or other means to send unsolicited email or create user accounts by automated means or under false pretenses;
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
5. Engage in unauthorized framing of or linking to the Site;
6. Trick, defraud, or mislead other users and us, especially to learn sensitive account information such as user passwords;
7. Make improper use of our support services or submit false reports of abuse or misconduct;
8. Engage in any automated system use, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools;
9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
10. Attempt to impersonate another user or person or use the username of another user;
11. Sell or otherwise transfer your profile;
12. Use any information obtained from the Site to harass, abuse, or harm another person;
13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
14. Delete the copyright or other proprietary rights notice from any Content;
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
16. Attempt to bypass any Site measures designed to prevent or restrict access to the Site or any portion of the Site;
17. Decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
18. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
19. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
20. Use the Site in a manner inconsistent with any applicable laws or regulations;
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or using or launching any unauthorized script or other software;
23. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMs");
24. Use the Site for advertising, offering, or selling goods and services.
If you violate any of these prohibited activities, we reserve the right to suspend or terminate your access to the Site and take any other appropriate legal actions.
By agreeing to these terms, you acknowledge that any violation of the terms may result in legal consequences.
I am an AI language model, and I can assist you in editing the Mobile Application License section. However, please note that I am not a lawyer, and it's always advisable to consult with a legal professional to ensure that your license agreement meets your specific requirements and complies with applicable laws. Here's an edited version of the Mobile Application License:
Mobile Application License
Use License
Subject to your compliance with the Terms of Use, we grant you a revocable, non-exclusive, non-transferable, and limited license to install and use our mobile application on wireless electronic devices owned or controlled by you. This license is granted solely for the purpose of accessing and using the mobile application in accordance with these Terms of Use. You agree that you will not:
1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. Violate any applicable laws, rules, or regulations in connection with your use of the application;
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. Use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. Make the application available over a network or other environment that allows access or use by multiple devices or users simultaneously;
7. Use the application to create a product, service, or software that directly or indirectly competes with or substitutes the application;
8. Use the application to send automated queries to any website or send any unsolicited commercial email;
9. Use any proprietary information or our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
If you access our mobile application through the Apple Store or Google Play, the following additional terms apply:
1. The license granted to you is limited to a non-transferable license to use the application on a device that uses the Apple iOS or Android operating systems, in accordance with the usage rules set forth in the applicable App Distributor's terms of service.
2. We are responsible for providing maintenance and support services for the mobile application as specified in these Terms of Use or as required by applicable law. The App Distributor has no obligation to provide maintenance and support services.
3. If the mobile application fails to conform to any applicable warranty, you may notify the App Distributor, and they may refund the purchase price, if any, paid for the mobile application, to the extent permitted by applicable law. The App Distributor has no other warranty obligation.
4. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.
5. You must comply with any applicable third-party terms of agreement when using the mobile application.
Social Media
As part of the Site's functionality, you may link your account with third-party service providers. By doing so, you grant us access to your Third-Party Account and the content stored within it. You acknowledge that we may access, make available, and store the Social Network Content from your Third-Party Account on the Site. Depending on your Third-Party Account's privacy settings, personally identifiable information you post to your Third-Party Account may be available on the Site. We are not responsible for any Social Network Content, and you should review and comply with the terms and policies of the Third-Party Account and service provider.
Submissions
Any questions, comments, suggestions, ideas, feedback, or other information you provide to us ("Submissions") shall become our sole property. We shall have exclusive rights, including all intellectual property rights, and may use and disseminate these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to the Submissions and warrant their originality or your right to submit them. You agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Content
The Site may contain links to Third-Party Websites or display Third-Party Content. We do not investigate, monitor, or endorse these Third-Party Websites or Content. Your access to and use of Third-Party Websites and Content are at your own risk, and their terms and policies govern your interactions with them. We are not responsible for any harm or losses resulting from your use of Third-Party Websites or Content.
I am an AI language model and not a licensed lawyer. While I can provide general guidance, it's important to consult with a qualified legal professional to ensure your document meets your specific needs and is compliant with applicable laws. Here's an edited version of the "Site-Management," "Privacy Policy," "Term and Termination," "Modifications and Interruptions," "Governing Law," and "Dispute Resolution" sections:
Site-Management
We reserve the right, but not the obligation, to:
1. Monitor the Site for violations of these Terms of Use.
2. Take appropriate legal action, at our sole discretion, against anyone who violates the law or these Terms of Use, including reporting such users to law enforcement authorities.
3. In our sole discretion, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
4. In our sole discretion and without notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to our systems.
5. Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Privacy Policy
We value data privacy and security. Please review our Privacy Policy, which is incorporated into these Terms of Use. By using the Site, you agree to be bound by our Privacy Policy. If you access the Site from a region with data privacy laws that differ from those in the United States, you expressly consent to the transfer and processing of your data in the United States. Additionally, we do not knowingly accept, request, or solicit information from children, nor do we knowingly market to children. If we become aware that a child under the age of 13 has provided personal information without parental consent, we will promptly delete such information.
Term and Termination
These Terms of Use remain in full force and effect while you use the Site. We reserve the right, without notice or liability, to deny access to the Site, including blocking certain IP addresses, for any reason or no reason, including but not limited to breach of these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Site, delete your account, and remove any posted content or information, at any time and without warning, at our sole discretion. If your account is terminated, you are prohibited from creating a new account.
Modifications and Interruptions
We reserve the right to change, modify, or remove the Site's contents at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on the Site. We may also modify or discontinue all or part of the Site without notice. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. We have no obligation to maintain or support the Site or provide any corrections, updates, or releases.
Governing Law
These Terms of Use and your use of the Site are governed by and construed under the laws of the State of California, without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use ("Disputes"), the Parties agree to attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one Party to the other.
Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be exclusively resolved through binding arbitration. The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA).
Class Action Waiver
You agree that any arbitration or legal proceedings will be conducted on an individual basis and not as a class, representative, or consolidated action. The Parties waive their right to participate in class, representative, or consolidated actions.
I've made the requested edits to the sections you provided. Here's the revised version:
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY B
ANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties outlined in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
User Data
We will maintain specific data that you transmit to the Site to manage the Site's performance and data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us due to these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Us
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please get in touch with us at [email protected].
