Terms of Service And Use Agreement
Kern Healing Connections Holistic Directory (“The Directory”) provides use of information and services (the “Services”), often appearing as listings by third party entities (“Providers”), found on the website www.kernhealingconnections.com to you (the “User”) subject to the following terms and conditions. Please read them carefully. By using the Services, you agree to be bound by the terms and conditions of this agreement (the “Agreement”). If you would like to print this Agreement, please use the “print” function.
1. scope of services provided
1.1 Limited Right.
Unless otherwise indicated, the Services, all content, and other materials on or available on or through the Directory, including, without limitation, directory listing data (collectively, the “Materials”) are proprietary to the Directory or its affiliates or licensors, and are protected by U.S. and international intellectual property laws. Except as otherwise provided, subject to the User’s compliance with all of the terms and conditions of this Agreement, and in consideration of the User’s promises reflected herein (and with respect to any services requiring payment of fees, or the User’s payment of such fees), the Directory grants to the User a revocable, personal, non-exclusive, non-assignable and non-transferable right to use the Services, except where explicitly provided otherwise, to:
(i) Access and use the Services,
(ii) Cause the Materials to be displayed from a single computer or mobile device, and
(iii) Use the Materials, solely as permitted under this Agreement.
The Directory reserves all rights not expressly granted to you in this Agreement.
1.2 General Restrictions.
You must comply with all applicable laws, including, without limitation, U.S. export control laws, applicable to your use of the Services and Materials. You may not:
(i) engage in any unauthorized use of the Services or Materials; transmit or otherwise make available any content that:
(a) You do not have the right to provide or transmit using the Services,
(b) May expose Kern Healing Connections Holistic Directory or its affiliates, licensors, or users to any harm or liability, or
(c) is unlawful, untrue, or otherwise objectionable;
(ii) transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iii) copy any portion of the Services or Materials or any underlying content or source code;
(iv) reverse engineer, disassemble or decompile any portion of the Services or Materials, or otherwise attempt to discover or re-create the source code to any software;
(v) Distribute the software or source code behind the Services or Materials to any third party;
(vi) Falsely state, impersonate, or otherwise misrepresent your identity;
(vii) Use the Services or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
(viii) Use the Services or Materials in any manner that exposes the Directory to any harm or liability of any nature; or
(ix) Use the Services or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.
1.3 Restrictions on the Use of Data.
As part of the Services, the Directory provides you with the ability to find contact information and other information regarding individuals and businesses. Without limiting any other restrictions in this Agreement, you represent and warrant that you will use all such information (the “Results Data”) for your own use in strict compliance with all local, state, federal, and international laws. Among other limitations, you may not:
(i) Use any Results Data for marketing purposes, including making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
(ii) Compile the Results Data in a database and store such data for any future use;
(iii) Use any Results Data information for credit granting, credit monitoring, account review, insurance underwriting, employment or any other purpose covered by the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. (“FCRA”), Federal Trade Commission interpretations of the FCRA, and similar state statutes;
(iv) Use any Results Data information for tortious purposes, including stalking, harassing, or threatening any individual;
(v) Match any Results Data with information from third party databases to append, verify, or create a new database;
(vi) Publish, transmit, distribute, or resell any Results Data; or
(vii) Store via physical media, data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement or any other applicable agreement between the User and the Directory.
1.4 Termination of Right to Use Services.
The Directory may revoke or terminate the right for the User to use the Services granted above in its sole discretion at any time without having to provide any notice or reason to the User. Without limiting the generality of the foregoing, we may revoke or terminate the right to use the Services if the User:
(i) Breaches any obligation in this Agreement or in any other agreement between you and the Directory,
(ii) Violates any policy or guideline applicable to the Services, Materials, or any other Directory service, or
(iii) Uses the Services or the Materials other than as specifically authorized in this Agreement, without the Directory’s prior written permission.
1.5 Termination of Services.
The Directory may discontinue, terminate, suspend or shut down the Services at any time and for any or no reason. The Directory may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Directory site or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by the Directory, your right to use the Services shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
2.1 Account Creation.
In order to access certain parts of the Services, you may be asked to create a Kern Healing Connections Holistic Directory user account (an “Account”) as further described below. In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all inquiries marked “required.” You agree:
(i) That the Registration Data you provide will be true, accurate, current and complete at the time you provide it;
(ii) To maintain and update such Registration Data to keep it true, accurate, current and complete; and
(iii) That the Directory may contact you and require you to confirm some or all of your Registration Data before using certain parts of the Services.
The Directory reserves the right to terminate the any or all parts of the Services and to refuse to provide you with any and all current or future use of the Services if the Directory determines or suspects any of User’s Registration Data is, or, appears to be, untrue, inaccurate, outdated or incomplete.
2.2 Account Security.
The User is responsible for maintaining the confidentiality of the User’s account credentials and for all activities, charges and/or liabilities that occur from User’s Account, whether or not authorized by the User. The User must immediately notify the Directory of any unauthorized use of the User’s account credentials or any other breach of security of which the User becomes aware. The Directory will not be liable for any loss or damage arising from the User’s failure to comply with this section.
The Directory is committed to protecting the User’s privacy. The Directory will not indiscriminately publish, share, or disseminate personal information the User provides to the Directory, subject to section (iv) below, and the Directory will take all reasonable measures to protect personal information the User provides as part of any use of the Services.
3.2 Content You Provide or Transmit.
(i) You are at least eighteen (18) year old;
(ii) You own and control all rights to the content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such content;
(iii) Such content is accurate and not misleading; and
(iv) Transmission of or providing such content does not:
(a) Violate this Agreement or
(b) Violate the rights of, or cause any injury to, any person or entity.
Further, the User grants the Directory a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. Also, the User understands and agrees that the Directory retains the right to reformat, excerpt or translate any content provided or transmitted by the User. While the Directory has no obligation to monitor content the User provides or transmits; the Directory does reserve the right to monitor and review any content the User provides or transmits, and to edit or refuse to post any such content, in whole or in part, in its sole discretion. In the event that the User loses rights to any content the User provides or transmits for any reason, the User hereby agrees that the User will take the appropriate and applicable steps to remove such content. The User understands and agrees that the Directory will not be liable for any content, publicly posted or privately transmitted on the Directory site. The User further understands and agrees that the Directory cannot guarantee the identity, statements or representations of any other users with whom the User may interact in the course of using the Services. Additionally, the Directory cannot guarantee that any content obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, or the like (collectively, “Feedback”) regarding any the Services or any other content of the Directory, is non-confidential and shall become the Directory’s sole property. The Directory shall have no obligation to the User of any kind, monetary or non-monetary, with respect to such Feedback, and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute such Feedback to anyone without limitation or obligation.
4. disclaimer; limitation on liability; indemnification
4.1 disclaimer of warranty
THE OFFERINGS AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE OFFERINGS OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE OFFERINGS OR MATERIALS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KERN HEALING CONNECTIONS HOLISTIC DIRECTORY AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OFFERINGS OR MATERIALS.
WITHOUT LIMITING THE FOREGOING, NEITHER KERN HEALING CONNECTIONS HOLISTIC DIRECTORY NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE KERN HEALING CONNECTIONS HOLISTIC DIRECTORY) REPRESENT OR WARRANT (I) THAT THE OFFERINGS OR MATERIALS WILL MEET THE USER’S REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE SERVICES OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR MATERIALS WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVICES OR MATERIALS ARE NON-INFRINGING.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SELECT USERS.
4.2 Limitation of Liability.
In no event shall the Kern Healing Connections Holistic Directory be liable for any direct, indirect, incidental, special, consequential, punitive or other damages, whether in an action for contract, tort (including but not limited to, Negligence) or otherwise arising out of or in any way connected with:
(i) Review, Use, or Purchase of the Directory’s Services or materials, including, but not limited to, any damage caused by any reliance on, or any inaccuracies, errors or omissions in:
(a) Any of the Services or other materials, for whatever reason, or
(b) Any goods or services reviewed, discussed, purchased, or obtained, directly or indirectly, through any Providers or Services, in each case even if the Kern Healing Connections Holistic Directory or advised of the possibility of such damages. In no event shall the aggregate liability of the Kern Healing Connections Holistic Directory arising out of or relating to the use of the Services or materials exceed any compensation, if any, the User pays, the Directory for access to or use of the Services or materials.
4.3 Indemnification Obligations.
The User agrees to hold harmless, defend and indemnify the Kern Healing Connections Holistic Directory and its Providers from any and all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to the User’s conduct, use or misuse of any of the Directory’s Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against the Directory or any of its Providers that arises out of or relates to:
(i) Any intellectual property rights or other proprietary rights of any third party,
(ii) The User’s breach of this Agreement;
(iii) The User’s use of any of the Services or Materials; or
(iv) Any content that the User stores or transmits through the Directory.
The Directory may assume exclusive control of any defense of any matter subject to indemnification by the User, and the User agrees to cooperate with the Directory in such event.
5. THIRD PARTY SITES
5.1 Some of the websites to which the User may link from the Service are owned by advertisers, service providers, merchants, businesses, or other third parties (a "Third Party Site"). It is the User’s responsibility to monitor when the User has accessed a link to a website that is not part of the Directory or its Services, and the Directory does not undertake any obligation to expressly notify the User (via a pop-up, other interstitial display, or by any other means) when the User is linking to a Third Party Site that is not part of the Services. The User can determine if the User has linked from the Services to a Third Party Site by reviewing the URL in the browser window or by "right-clicking" on the page and selecting "properties" if the link opens a new browser window. Third Party Sites may include, without limitation, websites of advertisers or other businesses, other search and listing service providers, information and referral sources, ratings services, geographic location and navigation services, businesses which allow the User to bid for and/or purchase products or services, and other websites of general or specific interest.
5.2 Although the Directory monitors use of Our Intellectual Property and takes appropriate measures in defending against the misappropriation of Our Intellectual Property by third parties, the Directory may not be aware of any unauthorized use of the Directory’s trademarks or service marks included on a Third Party Site, and the User should not rely upon any third party's use of The Directory’s Intellectual Property in determining whether a Third Party Site is affiliated with the Directory, as such use may be unauthorized.
5.4 The Directory makes no representations whatsoever concerning:
(i) The information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site),
(ii) The performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information),
(iii) Any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or
(iv) The sellers of any products or services advertised or sold on or through any Third Party Site.
The Directory 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 the User’s use of Third Party Sites or the User’s reliance on any such third party content, goods or services, available on or through any Third Party Site.
5.5 The User assumes all risks arising out of or resulting from The User’s transaction of business over the Internet, and the User agrees that the Directory is not responsible or liable for any loss or damage resulting from the presence on the Sites of information about third parties or links to Third Party Sites. The User acknowledges and agrees that the Directory is not responsible or liable for the availability, accuracy, copyright compliance, legality, legitimacy, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such Third Party Sites or resources. The Directory does not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Sites.
6. GOVERNING LAW AND VENUE
6.1 This Agreement is to be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles. The User submits to jurisdiction in California and further agrees that any cause of action arising under or relating to this Agreement, must be brought in a court in Kern County, California.
7. CHANGES TO THESE TERMS
7.1 The Directory may periodically modify and supplement this Agreement, with or without notice to the User. The User is responsible for regularly checking this Agreement for revisions. All amended terms to this Agreement become effective upon posting them onto the website, and any use of the Services after such revisions have been posted signifies the User’s consent and agreement to the modified terms.
8.1 If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.