Healers West

TERMS AND CONDITIONS FOR USERS

AGREEMENT BETWEEN USER AND HEALERS WEST, LLC

These Terms and Conditions have been developed for Your protection and the protection of Healers West, LLC, the site service provider. These Terms and Conditions are an agreement between Healers West (”Healers West”) and Users of its website (”You” or “User”). This agreement (the “Agreement”) governs Your use of the products and services made available to You by Healers West through its website (the “Website”). By checking the box below marked “I Accept” or using the Website, You acknowledge that You have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and You agree to be bound by them in connection with Your use of the Website. Healers West also reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, information or content, at any time and without prior notice or liability.

The Website may contain hyperlinks that take You to web pages or websites of certain practitioners and providers of healing modalities who are participating members of the Website (”Members”). In addition the Website allows these Members to provide information regarding their practices and enables You to communicate directly with them, making their products and services available to You. Your use of web pages or websites other than this Website, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within the Member’s web page or website. In the event of a conflict, this Agreement shall govern. By agreeing to these Terms and Conditions, You acknowledge that You have read, understand, and accept this Agreement and all of its content. If You violate the terms of this Agreement, Your authorization to use the Website site is automatically revoked and Healerwest.com can terminate Your membership at its sole discretion.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE NOT TO USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

YOUR CONDUCT

We may adopt and revise policies from time to time governing the conduct of our User, including, without limitation, when they exchange messages or information, participate in chat sites or community forums. We have the right, but not the obligation, to review, modify, block or delete any postings or messages. You agree not to use the Website or information from other Users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If You post information, or other materials on the Website, You agree and represent and warrant that You have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit You to provide this information on the Website and that we and all other Users have the right to download and use that information or material. You warrant to Healers West that You will not use this Website for any purpose that is unlawful or prohibited by this Agreement of use in any manner.

YOUR USE OF MESSAGE BOARD

The Website includes a community message board. Considering the nature of this message board, Healers West cannot review messages or confirm the validity of information posted. Healers West does not actively monitor the contents of posted messages, is not responsible for any messages posted, does not vouch for or warrant the accuracy, completeness or usefulness of any message, and is not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Healers West or any entity or individual associated with Healers West. In its sole discretion, Healers West may, but is not required to, remove any material, but neither the removal nor the failure to do so shall result in liability. Because removal is a manual process, removal or editing particular messages may not occur immediately.

You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of Users of the Website (e) interferes with or disrupts the Website, (f) harasses another User or (g) otherwise violates any applicable law. You remain solely responsible for the content of Your messages, and You agree to indemnify and hold Healers West harmless with respect to any claim based upon transmission of Your message(s).

Healers West reserves the right to reveal Your identity, or whatever information we know about You, in the event of any lawful process arising from any message posted by You. Healers West reserves the right to use any message posted by You for any purpose, including but not limited to reproduction.

Any information posted on the message boards of www.Healerswest.com is the immediate property of Healers West and by posting on the website, You give permission to Healers West to use said material for any purpose. A written or verbal authorization to use the material is not necessary.

PRIVACY POLICY AND GENERAL DATA COLLECTION

By becoming a User, You acknowledge that You are aware of and accept the terms and conditions of the Privacy Policy and Data Collection as follows:

To become a User of the Website, You may be required to provide a valid email address which Healers West will not share with any third parties. This information is for purposes of keeping a User informed and up to date about Healers West seminars, workshops, retreat centers, newsletters and advertisements in which You may be interested, and for such other purposes that are disclosed at the time the information is given. If You receive information that You do not wish to receive, please contact us to remove Your name from the circulation list for that item.

In addition, to use certain portions of the Website as a User, You will need to provide a user name and password. You are responsible for ensuring that Your user name and password are not used without Your authorization.

Should You choose to use the shop-on-line feature of this Web Site, further information such as Your name, home address, and credit card data for method of payment of goods and services may be necessary. We will not sell, rent, trade or give away individual, personal information entered to our site to any third party. We collect such information strictly to process orders. We take precautions to protect the privacy of Your credit card information.

You may also have the opportunity to voluntarily provide personal information which allows other participating Members to contact You. For example, You may request further information from a Member or request a Member to contact You. In addition, You may have the opportunity to post information on the Websiteís community posts. Healers West is not responsible for third parties obtaining personal information You voluntarily provide over a public forum in The Website or directly to other Members and Users. If You decide to provide personal information, You do so at Your own risk. Healers West reserves the right to reveal Your identity (or whatever information we know about You) in the event of a formal subpoena or lawful court process.

Healers West is not responsible for the security procedures or data collection policy for any linked website. Accessing a linked site is at Your own risk.

While Healers West attempts to prevent unauthorized persons from accessing our files or tampering with our website, we cannot guarantee that these efforts will always be successful and Healers West is not responsible for any breach of security or any action by a third party that receives the information.

This privacy policy is subject to change at the sole discretion of Healers West. When we modify it, we will post the changes in a revised policy statement.

DISCLAIMERS

Healers West is not responsible for reviewing and understanding research or other information obtained by You from this Website or any linked website.

Healers West will not create or retain any medical records about You or monitor Your care. Healers West is not Your treating or health care professional and will not communicate with Your health care provider. All Users are encouraged to seek the advice of, and regularly consult with, health care professionals of their selection. You should not disregard or delay medical advice or treatment based on information on the Website.

If You decide to seek information or obtain treatment from any Member (as described below), Healers West will not follow up or monitor Your care.

Please do not share personal medical information You wish to be held confidential. Healthcare.com does not keep any medical records and may not have any records concerning prior contacts You may have made to our Website. Any health related information You provide concerning Your medical history, medical condition, or health will not be considered a medical record.

DISLCAIMERS REGARDING OUR MEMBERS

Healers West is one way for You to gather general information and to make contact with certain clinics, companies, individual practitioners, or other Healerwest.com members in Your area who have arranged to post advertisements on, and make other information available through, our Website (the “Members”). Our relationships with Members are based on factors we establish. All information regarding a specific Member has been provided by that Member. Although Healers West requires participating Members who market their practices on the Website to pass strict standards, including providing information about their practices to ensure their continued eligibility for membership, Healers West does not guaranty, credential or accredit the services of our Members and makes no representations, warranties, or guaranties about the quality of care, source of payment or billing practices of our Members. You are responsible for all activities between You and a Member and any relationship You create with a participating Member.

You are encouraged to conduct Your own research regarding Members, their services, and various healing modalities in general. You are also encouraged to maintain a relationship with a licensed medical doctor and seek medical attention when necessary. Healers West in no way recommends or encourages You to supplant traditional medical attention with any services provided by any of its Members or with alternative modalities of healing in general.

DISCLAIMERS REGARDING CONTACTS WITH OTHER WEBSITES

Healers West may include or provide links on the Website to other web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. You understand and agree that Healers West does not warrant or guarantee the accuracy of such information. You also acknowledge and agree that Healers West does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. You should contact the site administrator or Webmaster for other websites if You have any concerns regarding such links or the content located on such other websites.

DISCLAIMERS REGARDING OUR INFORMATION

Healers West strives to be a valuable resource of timely information for our Users. We cannot ensure that information we provide is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. Users should never delay, ignore or fail to obtain medical advice based on information obtained from Healers West. Healers West may gather and share customer and client information with its Members about the areas, topics and communities of interest, products and services identified, purchased or used by You and other Users of our Website. If You elect to provide information about Yourself, such information can be used as provided herein and may also be used to enforce this agreement. Any information provided by a Member through our Website should be independently researched by You. Healers West provides a forum where practitioners can provide information about their services, allowing You, the User to connect with a practitioner of Your choice. We are not responsible for any information or representations provided by a Member.

LIMITATION OF WARRANTY

INFORMATION SUPPLIED BY HEALERS WEST IS PROVIDED “AS IS, AS AVAILABLE” AND HEALERS WEST MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS WEBSITE OR INFORMATION FURNISHED AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE.

INDEMNIFICATION

IN ADDITION TO ANY OTHER INDEMNIFICATIONS BY YOU SET FORTH ELSEWHERE IN THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HEALERS WEST, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM, DEMAND, OR CAUSE OF ACTION, INCLUDING ANY ATTORNEYS FEES AND COSTS, ARISING OUT OF CLAIMS BASED ON ANY ASPECT OF YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, (I) CLAIMS BASED ON DEFAMATION OR OTHER CONDUCT BY YOU IN USING THE WEBSITE, OR (II) YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY LAWS INCLUDING WITHOUT LIMITATION THOSE REALTING TO COPYRIGHT, TRADEMARKS OR TRADE SECRETS.

COPYRIGHT AND TRADEMARK

All text and images are Copyright© 2008 by Healers West, LLC. The names “HEALERS WEST, LLC”, ìHEALERS WEST,î ìHEALERSWEST.COM,î and associated logos are property of Healers West, LLC. The Website contains information, text, photographs, graphics and other material that are protected by copyright or other proprietary rights of Healers West. All content on the Website is copyrighted as a collective work pursuant to applicable copyright law. You are granted a limited nonexclusive license to use the information for Your personal and noncommercial use only. Otherwise, You may not copy, store in electronic form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any Healers West material is expressly prohibited without prior written consent from Healers West. You may hyperlink to the Website provided that the link is to the “home” page of the Website.

MISCELLANEOUS

If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, You understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from Your use of this Website or of any information You obtain from Healers West shall be governed by the laws of the United States of America and the State of California. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from Your use of this Website or any information You receive from Healers West shall be referred to the American Arbitration Association for arbitration as provided in Rules framed by the said Association. The decision or award so given shall be BINDING on the parties hereto. BY CREATING AN ACCOUNT, LOGGING IN OR USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY ISSUES OF DISPUTE DECIDED BY MUTUAL ARBITRATION AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY TO THIS AGREEMENT WAIVES ITS OR HIS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT. In the event that this clause or any provision hereof, is deemed unenforceable, any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from Your use of this Website or any information You receive from Healers West shall be brought exclusively in the United States District Court, Central District in Los Angeles, California, and You hereby expressly consent to the exercise of jurisdiction over You by such courts.

Any notice to Healers West shall be given in writing and sent by certified and mail to Healers West, 2275 Huntington Drive, #153, San Marino, CA 91108.

This Agreement constitutes Your entire agreement with Healers West and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on Your first use of the Website, and that it applies to all persons accessing the Website from Your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes. Healers West has the right to amend this Agreement at any time without notice to You by making changes to this Agreement as posted. If any inconsistency exist between the terms of this Agreement and any additional or different terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional or different terms and conditions will control.

The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website MUST BE FILED WITHIN ONE (1) YEAR after such claim or cause of action arose.

You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, Healers West has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by Healers West contrary to those set forth above.

By creating an account, logging in or using this Website, You represent that You have read, understand, and agree to the above terms and conditions.