Website Terms and Conditions of Use
Welcome to our web site ("Site"). These terms and conditions of
use ("Terms") constitute a legal agreement between you and Healing
Power Incorporated. ("Healing Power"). Your use of this Site constitutes
your acceptance of the Terms. If you do not agree with the Terms,
please do not use this Site.
Ownership of This Web site and Its Contents
This Site is owned and operated by Healing Power. All of the content
featured or displayed on this Site, including, but not limited to,
text, graphics, photographs images, moving images, sound, illustrations
and software ("Content"), is owned by Healing Power, its licensors
or its third-party image partners.
All elements of Healing Power Site, including, but not limited
to, the general design and the Content, are protected by trade dress,
copyright, moral rights, trademark and other laws relating to intellectual
property rights. Except as explicitly permitted under this or another
written license or agreement with Healing Power, no portion or element
of this Site or its Content may be copied or retransmitted via any
means and all related rights shall remain the exclusive property
of Healing Power, its licensors or its third-party image partners.
You shall indemnify Healing Power, its subsidiaries, its affiliates
and licensors against any losses, expenses, costs or damages incurred
by any or all of them as a result of your breach of these Terms
or your unauthorized use of the Content or Site.
Use of the Site
This Site and its Content are intended for customers of Healing
Power. You may not use this Site or the Content for any purpose
not related to your business with Healing Power. Any use of the
Content, this Site or any of its functionality for a purpose not
permitted by these Terms is grounds for the immediate revocation
of any usernames, passcodes or other permissions that may have been
granted by Healing Power for use of this Site.
Trademarks
"Healing Power" are trademarks of Healing Power, its subsidiaries
or its third-party image partners. All other trademarks logos and
service marks (collectively, the "Trademarks") appearing on the
Site are Trademarks of their respective owners. Nothing contained
on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of its respective owner.
Your use of the Trademarks displayed on the Site except as provided
in these Terms is strictly prohibited.
Disclaimers
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND HEALING POWER
AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES
EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE. HEALING POWER WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY
OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS
EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO
BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT HEALING POWER, ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
DUE TO YOUR USE OF THIS SITE.
Healing Power uses reasonable efforts to ensure the accuracy, correctness
and reliability of the Content, but we make no representations or
warranties as to the Content's accuracy, correctness or reliability.
Images of people or places displayed on the Site are either the
property of, or used with permission by, Healing Power or other
third parties. The use of these images by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these Terms
or specific permission provided elsewhere on the Site or by separate
license or agreement. Any unauthorized use of these images may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and communications' regulations and statutes.
There may be links to other web sites from this Site; however,
these other web sites are not controlled by Healing Power and we
are not responsible for any content contained on any such web site
or any loss or damage suffered by you in relation to your use of
such web sites. You waive any and all claims against Healing Power
regarding the inclusion of links to outside web sites or your use
of those web sites. Additionally, parties other than Healing Power
provide services from this Site. Healing Power does not evaluate
or warrant the offerings or services of these parties, and except
as otherwise provided by written agreement, does not assume any
liability for the actions, product, services or content of these
parties.
Some US states and foreign countries do not permit the exclusion
or limitation of implied warranties or liability for certain categories
of damages. Therefore, some or all of the limitations above may
not apply to you to the extent they are prohibited or superseded
by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the
laws of the State of Washington, USA, without reference to its laws
relating to conflicts of law and not including the provisions of
the 1980 United Nations Convention on Contracts for the International
Sale of Goods. Venue for all disputes arising under this Agreement
shall lie exclusively in the Superior Courts of the State of Washington
in King County. Users of this Site agree that any and all disputes
arising from the use of this Site, or the ordering of materials
from this Site, shall be settled by binding arbitration. Notwithstanding
the foregoing, however, Healing Power shall have the right to commence
and prosecute any legal or equitable action or proceeding before
any non-US court of competent jurisdiction to obtain injunctive
or other relief in the event that, in the opinion of Healing Power,
such action is necessary or desirable beyond that relief immediately
afforded through an arbitration proceeding.
No Waiver, Severability
No action of Healing Power, other than an express written waiver
or amendment, may be construed as a waiver or amendment of any of
these Terms. If any clause in these Terms is found to be unenforceable,
wherever possible, this will not affect any other clause and each
will remain in full force and effect. We reserve the right to change
these Terms, the Content displayed on this Site, any license or
product prices contained on the Site and any information or license
terms without prior notice. These Terms set out the entire agreement
between Healing Power and you relating to your use of this Site.
© 2007 Healing Power. All rights reserved. Terms and Conditions
of Use. |