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Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you signify your assent to these Terms and Conditions of Use.  Do not use this website if you do not agree to all of these Terms and Conditions of Use.

Au Soleil Healing, Inc.  (“ASHI” or “we”) may revise and update these Terms and Conditions of Use at any time.  Your continued usage of the ASHI website (this “Website”) will mean you accept those changes.

This Website Does Not Provide Medical Advice

The contents of this Website (“Content”) are for informational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician, qualified health care provider, or other qualified practitioner with any questions you may have regarding a medical condition.  Never disregard professional advice or delay in seeking it because of something you have read on this Website.

If you think you may have a medical emergency, call your doctor or 911 immediately.  ASHI does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website.  Reliance on any information provided by ASHI, ASHI employees, others appearing on this Website at the invitation of ASHI, or other visitors to this Website is solely at your own risk.

This Website may contain health- or medical-related materials on human sexuality.  Kindly refrain from using this Website if you find these materials offensive.

Children’s Privacy

We are committed to protecting the privacy of children.  You should be aware that this Website is not intended or designed to attract children under the age of 13.  We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Authorization to Use Content

ASHI authorizes you to view or download a single copy of the material on this Website solely for your personal, noncommercial use if you include the following copyright notice: “©2013, Au Soleil Healing, Inc.  All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content.  Any special rules for the use of certain software and other items accessible on this Website may be included elsewhere within this Website and are incorporated into these Terms and Conditions of Use by reference.

The Content is protected by copyright under both United States and foreign laws.  Title to the Content remains with ASHI or its contributors.  Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws.  Content and features are subject to change or termination without notice in the editorial discretion of ASHI.  All rights not expressly granted herein are reserved to ASHI and its contributors.  If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of ASHI and Its Contributors

The use of this Website and the Content is at your own risk.

When using this Website, information will be transmitted over a medium that may be beyond the control or jurisdiction of ASHI.  ASHI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.

This Website and the content are provided on an “as is” basis.  ASHI AND ITS CONTRIBUTORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  Without limiting the foregoing, ASHI and its contributors make no representations or warranties about the accuracy, reliability, completeness, current nature, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of this Website or ASHI.

In no event shall ASHI, its contributors, or any third parties mentioned on this Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ASHI, its contributors, or any third parties mentioned on this Website are advised of the possibility of such damages.  ASHI, its contributors, or any third parties mentioned on this Website shall be liable only to the extent of actual damages incurred by you, not to exceed $500 (USD).  ASHI, its contributors, or any third parties mentioned on this Website are not liable for any personal injury, including death, caused by your use or misuse of this Website, Content, or Shared Webpages (as defined below).  Any claims arising in connection with your use of this Website, any Content, or the Shared Webpages must be brought within one (1) year of the date of the event giving rise to such action occurred.  Remedies under these Terms and Conditions of Use are exclusive and are limited to those expressly provided for in these Terms and Conditions of Use.

User Submissions

The personal information you submit to ASHI is governed by the ASHI Privacy Policy.  To the extent there is an inconsistency between this Agreement and the ASHI Privacy Policy, this Agreement shall govern.

This Website contains functionality that allows users to upload content to this Website (collectively “Shared Webpages”).  You agree that you will not upload or transmit any communications or content of any type to the Shared Webpages that infringe or violate any rights of any party.  By submitting communications or content to the Shared Webpages, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to ASHI by email, any communication or content that infringes or violates any rights of any party.  If you submit any business information, idea, concept or invention to ASHI by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Shared Webpage or if you submit any business information, idea, concept or invention to ASHI by email, you automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) ASHI a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.  ASHI may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to any Shared Webpage or by email to ASHI.  We do not guarantee that we will respond to every email we receive.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.  Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains personally identifiable information such as name, phone number, email address or web site URL of you or of anyone else.  Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the ASHI site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.  Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions of Use or the ASHI Privacy Policy.

You agree that you will not upload any material 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 this Website.

By uploading any media such as a photo or video, (a) you grant to ASHI a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes ASHI to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify ASHI and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

We reserve the right to review all media submitted to this Website and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

ASHI has several tools that allow you to record and store information.  You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your ASHI passwords or accounts.  It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your ASHI account and password; (3) promptly inform ASHI if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.  You grant ASHI and all other persons or entities involved in the operation of this Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Website.  ASHI cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using ASHI tools and services.

ASHI Community and User to User Areas (“Shared Webpages”)

If you use a Shared Webpage, such as message boards or blogs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Shared Webpages.  ASHI and its contributors are not responsible for the consequences of any communications in the Shared Webpages.  In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.  If you think you may have a medical emergency, call your health care provider or 911 immediately.

In consideration of being allowed to use the Shared Webpages, you agree that each of the following actions shall constitute a material breach of these Terms and Conditions of Use:

  1. Using a Shared Webpage for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ASHI in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or “spamming”; and
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Shared Webpage or this Website, or which, in the judgment of ASHI, exposes ASHI or any of its contributors to any liability or detriment of any type.

ASHI Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication violates the terms of this section and determine in its sole discretion to remove or request the removal of such communication.
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions of Use.
  4. Terminate a user’s access to any or all Shared Webpages and/or this Website upon any breach of these Terms and Conditions of Use.
  5. Monitor, edit, or disclose any communication in the Shared Webpages.
  6. Edit or delete any communication posted on this Website, regardless of whether such communication violate these standards.

Neither ASHI nor its contributors have any liability or responsibility to users of this Website or any other person or entity for performance or nonperformance of the aforementioned activities.

Links to Other Sites

ASHI may provide links to third-party web sites.  ASHI does not control and does not endorse the content on any third-party websites.  ASHI is not responsible for the content of linked third-party sites, sites framed within this Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

You agree to defend, indemnify, and hold ASHI, its officers, directors, employees, agents, and contributors harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.

General

ASHI is based in Marblehead, Massachusetts, in the United States of America.  ASHI makes no claims that Content is appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries.  If you access this Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with ASHI, or in any way relating to your use of this Website, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving ASHI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.  If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting ASHI’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location.  Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

ASHI’s agent for copyright issues relating to this web site is as follows:


In an effort to protect the rights of copyright owners, ASHI may maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Website who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular “legal notice” on this Website, these Terms and Conditions of Use and the ASHI Privacy Policy constitute the entire agreement between you and ASHI with respect to the use of this Website and Content.