THESE TERMS OF USE constitute an agreement (“Agreement”) made between Elizabeth Stover D/B/A The Natural Healing Project hereafter in the terms of this agreement and any person accessing this web site (“You”) with respect to your use of this www.thenaturalhealingproject.com site (the “Site”). You agree to abide by all of the terms contained in this Agreement as a condition of your continuing to access, view or use the Site. You and The Natural Healing Project are collectively referred to as the Parties.
BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. ALL SUCH CHANGES WILL BE BINDING UPON YOU AS OF THE REVISED EFFECTIVE DATE. YOU MAY NOT AMEND OR MODIFY THE TERMS OF USE UNDER ANY CIRCUMSTANCES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE PERMISSION FROM THE NATURAL HEALING PROJECT TO ACCESS, VIEW, OR USE ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES THE NATURAL HEALING PROJECTS’S RIGHTS IN THE SITE AND IS PROHIBITED.
SITE DESCRIPTION
Ownership. All material on this website, including without limitation all text, graphics, computer code, trademarks and other intellectual property, is proprietary to The Natural Healing Project, which is the sole and exclusive owner. We do not claim ownership of any copyright in images obtained from third party sources. Your access to the Site is licensed and not made available unconditionally to You. Any duplication or distribution other than as provided on the Site is prohibited. Use of this website and/or its content for anything other than personal reference purposes is prohibited.
Site Content. The Natural Healing Project makes information available on the Site as a service to our clients and potential clients for informational purposes only. The materials on the Site are not intended to constitute advertising, solicitation or to be used against or instead of the advice of a physician, and transmission of the information from the Site is not intended to diagnose, treat, or cure. The Site is not intended to be used as a substitute for specific doctor recommendations, nor should You consider it as such. You should not act (or refrain from acting) based upon information on the Site without obtaining professional advice regarding your particular facts and circumstances. The Natural Healing Project may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.
Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
If you provide us with your email address during account setup, registration or otherwise, you consent to receive communications from us electronically.
LIMITATIONS
User Conduct. In general, The Natural Healing Project expects visitors to the Site to act in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with The Natural Healing Project or another is prohibited.You may not upload to, distribute or otherwise publish through the Site any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights, is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right. You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Site, use the Site to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Site with another or with any material, link or information not originating with The Natural Healing Project is expressly prohibited.You may not probe, scan or test the vulnerability of the Site. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site. You may not reproduce or circumvent the navigational structure or presentation of the Site, circumvent the security features or attempt to access any materials or information through any means not purposely made available by The Natural Healing Project through the Site. Any attempt to interfere with or disrupt the Site, its server, network, software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.You are solely responsible for any and all of your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses or any other malicious code or program; (e) engage in systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The Natural Healing Project by use of scrapers or other tools; or (f) engage in any other activity deemed by The Natural Healing Project to be in conflict with the spirit or intent of this Agreement. The Terms of Use govern your use of the Site, including the submission of all data, information and other materials (whether tangible or intangible and including order, payment and personal information) through the Site.
Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site. Privacy. When reasonably practicable, The Natural Healing Project will attempt to respect your privacy. The Natural Healing Project will not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless The Natural Healing Project has a good faith belief that such action is necessary to:
(i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of The Natural Healing Project; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of The Natural Healing Project’s services or equipment, including the Site as authorized by law. You agree that You have no expectation of privacy with respect to the Internet generally or the Site in particular.If you provide us with your email address during account setup, registration or otherwise, you consent to receive communications from us electronically.
Confidentiality of Information Transmitted to The Natural Healing Project. You also should be aware that if You send messages to The Natural Healing Project (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the The Natural Healing Project home page, such means are not secure, and The Natural Healing Project does not guarantee the confidentiality of such communications. The Natural Healing Project does not agree to accept and/or maintain the secrecy of any unsolicited information You send to The Natural Healing Project. Although The Natural Healing Project makes reasonable effort to read emails that we receive, The Natural Healing Project reserves the rights not to read or respond to any unsolicited communications.
Changes. The Natural Healing Project reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on the Site. Your continued use of the Site after any changes are made, shall be deemed Your acceptance of the changes.
Termination
This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated. The Natural Healing Project reserves the right, in its sole discretion and without notice, at any time and for any reason, to:
remove or disable access to all or any portion of the Site;
suspend Your access to or use of all or any portion of the Site; and
terminate this Agreement.
Disclaimer; Limitations of Liability; Absence of Warranties
THE NATURAL HEALING PROJECT DOES NOT OFFER MEDICAL ADVICE OR COUNSELING THROUGH THE SITE AND NOTHING CONTAINED ON THE SITE SHOULD BE CONSTRUED AS OFFERING SUCH ADVICE.THE NATURAL HEALING PROJECT DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Case Summaries-Limitation On Prior Results. Results obtained by The Natural Healing Project as identified on the Site are not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. Images on the Sites may be those of actors depicting fictional scenes. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guaranty, warranty or prediction of the outcome of your situation.
Links. The Site may contain links to other internet websites or resources. When You link to those sites, You leave the Site. The Natural Healing has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices. The Natural Healing Project expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that The Natural Healing Project endorses the linked site. Your use of any links is at Your own risk. You further acknowledge and agree that The Natural Healing Project 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 Your use of or reliance on any information, goods, services or materials available on or through any such link, site or resource.
Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL THE NATURAL HEALING PROJECT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF THE NATURAL HEALING PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL THE NATURAL HEALING PROJECT’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $5.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.YOUR USE OF THE SITE, PUBLICATIONS AND OTHER MATERIALS AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.WCS MAKES NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY; (III) THE SITE IS SECURE; (IV) CONTENT IS ACCURATE OR ERROR-FREE; (V) RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (VI) THE QUALITY OF THE CONTENT, SITE, INFORMATION, OR OTHER MATERIAL ACCESSED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
indemnification
You agree to indemnify, hold harmless and defend The Natural Healing Project, its directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to:
your use of the Site, including any data or work transmitted or received by You; and
any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You, which is prohibited.
Miscellaneous
Promotions. This Site may contain contests, giveaways or other promotions that require you to send material or information about yourself. Contests, giveaways or promotions offered via the Site may contain a separate set of rules that, in addition to describing such contests, giveaways or promotion, may have eligibility requirements, such as certain age or geographical restrictions, terms and conditions regarding the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any contest, giveaway or promotion, you agree to comply with the rules and the decisions of the sponsor(s) identified therein, which shall be final and binding.
Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Notice. All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties’ last known e-mail address. You hereby consent to notice by email.
Law. This Agreement is made in and shall be governed by the laws of the State of Maryland without reference to its choice of law provisions. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts within Maryland. The Parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts within Maryland. The Parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts within Maryland and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court within Maryland.
Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, The Natural Healing Project shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which The Natural Healing Project may be entitled.
Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the Parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.