|
Definitions The Website is urbanherbalwoman.com. The Service is natural health education. The Designated Amount is the price for products and services. Third Party shall be defined as any website or entity outside of The Website. The User or Users shall be defined as all visitors or users of The Website. By using The Website you agree to be bound by these terms of use (the Agreement), whether or not you register as a member (Member). If you wish to become a Member read the Agreement and indicate your acceptance of it by following the instructions on the Sign-Up page. Agreement This agreement sets out the legally binding terms of your use of The Website and your membership in the Service and may be modified by The Website at any time and without prior notice, such modifications to be effective upon posting by The Website on the Website. This agreement includes The Website's policy for acceptable use of the Website and the Service, The Website's Privacy Policy, and any notices regarding the Website. Membership Eligibility 1. Residency. You must be a citizen or resident of the United States to visit The Website and use The Service. 2. Age. You must be at least eighteen years of age to visit The Website and use The Service. By using The Website, you represent and warrant that all registration and profile information that you submit is truthful and accurate and that you agree to maintain the accuracy of such information. 3. Valid information. Users must be living individuals, and not corporations or any other type of entity. Users must provide a valid e-mail address during registration in order to activate their account with The Website. 4. Comply with laws. The Website and any services provided by The Website are void where prohibited by law and it is the User's sole responsibility to ascertain if it is legal in the User's area to use The Website and any services provided by The Website before using The Website or any services provided by The Website. 5. Term. This agreement shall remain in effect in full force and effect while you use the Website and/or are a Member. If The Website terminates your Membership in the Service because you breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, should any exist, or any monies owed to you by The Website for whatever reason. Even after membership is terminated, this Agreement will remain in effect. 6. Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or The Website for any purpose. Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting Usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. 7. Member Responsibilities. You agree to and must use your own contact information, including but not limited to full name and email address, in the registration/sign-up process either on The Website or any Third Party site that The Website directs you to. Under no circumstances may you assume a false identity either with the Website or any Third Party partner of The Website. After you register, it is your responsibility to keep any login information confidential, as you are solely responsible for all actions taken with your account. You are solely responsible for all Content published or displayed through your account, including any email messages or posts, and for your interactions with other members. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by The Website be detected it may result in member termination and possible legal action. Any solicitation of advertisers for a confirmation email for purposes of receiving credit in your account will be grounds for immediate termination. You agree to receive e-mails from The Website on a reasonable schedule that may contain advertising or links to Third Party services. In the event your e-mail account on file becomes closed or blocked to messages from The Website, your account may be marked as inactive or terminated. 8. Duplicate accounts. Users may not create more than one account with The Website. If a member is found to have more than one account, their account may be terminated without warning. We do not allow more than one account per person in the same Household. 9. You understand that you do not have authority to make or accept any offers or make any representations on behalf of The Website. You may not make any statement that would contradict anything in this section. 10. Inactivity. The Website urges members to ensure their account remains active by clicking on the links in all email communications. 11. Reactivation. If a member's account becomes inactive, they can reactivate it within 6 months of the account being placed on inactive status by logging into the member's section and requesting that a confirmation email be sent to them. When the member clicks the link provided in the confirmation email, their account will be reactivated. 12. Membership cancellation. Users may cancel their account any time by clicking the "Cancel Membership" link found at the bottom of any page of The Website. In addition, all e-mails sent to Users include a link to the cancellation page. If a User cancels their account, they will forfeit all earnings in their account and any verified or pending referrals. In addition, any requested or pending payments for that User are removed and forfeited. General Terms 1. Third Party Content. The Website's site contains links to other Third Party websites. Use of or links to Third Party websites is not an endorsement of their services. The Website is not affiliated with any listed products, brands, or merchants. Trademarks, service marks, and/or logos (including individual product names) are the property of their respective owners, who have no association with and make no endorsement of the products and services provided by The Website. 2. Proprietary Rights in Content on The Website. You acknowledge and agree that the Service uses and 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 Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in these Terms of Service, you agree not to modify, sell, distribute or create derivative works based on the Service in whole or in part for any purpose whatsoever. You agree not to access the Service by any means other than through the interface that is provided by The Website for use in accessing the Service. 3. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. 4. Privacy. Use of the Website and/or Service is also governed by our Privacy Policy. Disclaimers
1. The Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. 2. Under no circumstances will The Website be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between Users of the Web site, whether online or offline. 3. The Web site and the Service are provided "AS-IS" and The Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Website cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. 4. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by you from The Website or through or from the service shall create any warranty not expressly stated in these Terms of Service. 5. Limitation on Liability. In no event will The Website be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if The Website has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Website's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Website for the Service during the term of membership. In no event will The Website be liable to you or any third person for any monetary, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of Third Parties' products and/or services even if The Website directed you to the Third Party services. Your interaction with and use of any Third Party products and/or services are covered by the Third Parties' Privacy Policy and Terms and Conditions. We highly recommend that you take the time to read the Third Parties' Privacy Policy and Terms and Conditions before interacting with or using the Third Parties products and/or services. 6. Disputes. If there is any dispute about or involving The Website and/or the Service, by using The Website, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Colorado, City of Colorado Springs. 7. Indemnity. You agree to indemnify and hold harmless The Website, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any Third Party arising out of or relating to the your use of The Website, the Service provided by The Website, your violation of these Terms of Service, or your violation of any rights of a Third Party. 8. Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of The Website, contains the entire agreement between you and The Website regarding the use of the Web site and/or the Service. The failure of The Website to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. |