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Terms and Conditions
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Terms and Conditions
These terms and conditions of use (“Terms of Use”) govern your access to and use of this website, located at www.livluvlafmindfulness.com, operated by LivLuvLaf Mindfulness Services (“LivLuvLaf”), and the services offered thereon to facilitate non-emergency care between you and certain licensed professionals, including but not limited to healthcare and mindfulness practitioners (“Provider” or “Providers”).
Please read these terms and conditions carefully, in their entirety, before using this Site. By continuing to use this Site, you agree to be bound by these Terms of Use, irrespective of any present or subsequent registration, if any. If you do not agree to these Terms of Use, please do not use this Site and exit immediately. LivLuvLaf reserves the right, in its sole discretion, to change, modify, amend, or delete all or portions of these terms at any time. Periodic review of these terms is recommended as your continued use of this Site following posting of same, will be deemed acceptance of the changes.
Please also consult our Privacy Policy located here for a description of our privacy practices and policies, including how LivLuvLaf collects and handles your financial information and personal data. Any data submitted by you to the Site, including registration and demographic data, is subject to our privacy policy, which is incorporated herein by reference.
LIVLUVLAF DOES NOT RECOMMEND, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, TREATMENT, INSTITUTION, PRODUCT, HEALTHCARE PROVIDER, OPINION, OR OTHER INFORMATION OR SERVICES PROVIDED BY ANY PROVIDER USING THE SITE, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY PROVIDER. LIVLUVLAF DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY PROVIDER OR ANY ADVICE PROVIDED. LIVLUVLAF WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY PROVIDER. YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT.
DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS
If you experience a medical emergency, call 911 immediately.
1. Your Use of LivLuvLaf Mindfulness Services: Not Professional Medical Advice.
Through the Site, LivLuvLaf Mindfulness Services provides a service portal to promote communication and enable dissemination of medical information between you and physicians and/or other healthcare providers. A number of services are available through use of this Site, including medical consultations and web-based consultations with a licensed physician, arranging for electronic medical record storage by the physician, providing certain on-line health-related information, arranging for a prescription service by the physician and offering certain other related products, services and educational tools (“Services”). LIVLUVLAF MINDFULNESS SERVICES IS NOT A MEDICAL PROVIDER OR [TELEHEALTH SERVICE] AS SUCH TERMS MAY BE DEFINED UNDER STATE OR FEDERAL LAW. LIVLUVLAF MINDFULNESS SERVICES, AND THIS SITE, DO NO PROVIDE MEDICAL ADVICE. DO NOT RELY ON THIS SITE FOR EMERGENCY NEEDS.
IF YOU ARE EXPERIENCING AN EMERGENCY CALL 911 OR OTHER EMERGENCY MEDICAL SERVICE.
The Site contains general information relating to various medical conditions and their treatment. However, the information on the Site does not constitute medical advice of any kind and is not intended to be, and should not be, construed as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by LivLuvLaf Mindfulness Services. Such information is provided for informational purposes only. LivLuvLaf Mindfulness Services has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guaranty the accuracy, completeness, adequacy or currency of the information contained on the Site.
LivLuvLaf Mindfulness Services is not engaged in rendering medical or similar professional services or advice. The content of this Site is not meant to substitute for advice provided by a doctor or other qualified healthcare professionals. LivLuvLaf Mindfulness Services makes the Site available for facilitating communications between health services providers and consumers who choose to use the online service. Interaction with Providers using LivLuvLaf Mindfulness Services is not intended in any way to take the place of appointments, or other in-person visits, with your regular health service providers. LivLuvLaf Mindfulness Services shall not be liable for any advice obtained from a Provider using LivLuvLaf Mindfulness Services. All services or recommendations made by a Provider are based on their independent professional judgement. LivLuvLaf Mindfulness Services shall not have any liability for Provider treatment or services offered based on information you provide on this Site.
USERS OF THIS WEBSITE DO SO AT THEIR OWN RISK.
Through the Site, LivLuvLaf Mindfulness Services provides a service portal to promote communication and enable dissemination of medical information between you and physicians and/or other healthcare providers. A number of services are available through use of this Site, including medical consultations and web-based consultations with a licensed physician, arranging for electronic medical record storage by the physician, providing certain on-line health-related information, arranging for a prescription service by the physician and offering certain other related products, services and educational tools (“Services”). LIVLUVLAF MINDFULNESS SERVICES IS NOT A MEDICAL PROVIDER OR [TELEHEALTH SERVICE] AS SUCH TERMS MAY BE DEFINED UNDER STATE OR FEDERAL LAW. LIVLUVLAF MINDFULNESS SERVICES, AND THIS SITE, DO NO PROVIDE MEDICAL ADVICE. DO NOT RELY ON THIS SITE FOR EMERGENCY NEEDS.
IF YOU ARE EXPERIENCING AN EMERGENCY CALL 911 OR OTHER EMERGENCY MEDICAL SERVICE.
The Site contains general information relating to various medical conditions and their treatment. However, the information on the Site does not constitute medical advice of any kind and is not intended to be, and should not be, construed as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by LivLuvLaf Mindfulness Services. Such information is provided for informational purposes only. LivLuvLaf Mindfulness Services has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guaranty the accuracy, completeness, adequacy or currency of the information contained on the Site.
LivLuvLaf Mindfulness Services is not engaged in rendering medical or similar professional services or advice. The content of this Site is not meant to substitute for advice provided by a doctor or other qualified healthcare professionals. LivLuvLaf Mindfulness Services makes the Site available for facilitating communications between health services providers and consumers who choose to use the online service. Interaction with Providers using LivLuvLaf Mindfulness Services is not intended in any way to take the place of appointments, or other in-person visits, with your regular health service providers. LivLuvLaf Mindfulness Services shall not be liable for any advice obtained from a Provider using LivLuvLaf Mindfulness Services. All services or recommendations made by a Provider are based on their independent professional judgement. LivLuvLaf Mindfulness Services shall not have any liability for Provider treatment or services offered based on information you provide on this Site.
USERS OF THIS WEBSITE DO SO AT THEIR OWN RISK.
2. Information About Providers
. When you choose to use LivLuvLaf Mindfulness Services, you will be connected directly with me, the sole Provider and owner of this website. All information provided about services and offerings is accurate to the best of my knowledge and reflects my expertise and qualifications. While I strive to ensure completeness and accuracy, LivLuvLaf Mindfulness Services makes no additional warranties as to the adequacy or currency of the information. Users are encouraged to make informed decisions when engaging with the services offered.
. When you choose to use LivLuvLaf Mindfulness Services, you will be connected directly with me, the sole Provider and owner of this website. All information provided about services and offerings is accurate to the best of my knowledge and reflects my expertise and qualifications. While I strive to ensure completeness and accuracy, LivLuvLaf Mindfulness Services makes no additional warranties as to the adequacy or currency of the information. Users are encouraged to make informed decisions when engaging with the services offered.
3. Operation and Record Retention
LivLuvLaf Mindfulness Services reserves sole and absolute discretion with respect to the operation of the Site. LivLuvLaf Mindfulness Services may withdraw, suspend or discontinue any functionality or feature of the Services at any time, and from time to time. LivLuvLaf Mindfulness Services is responsible for maintaining data arising from use of the Services, but does not warrant the accuracy or completeness of the data stored; provided, however, that the Provider at all times maintains custodianship of any such data arising from use of the Services. LivLuvLaf Mindfulness Services reserves the right to maintain, delete or destroy all communications and materials posted or updated to the Site pursuant to its internal record retention and/or destruction policies.
LivLuvLaf Mindfulness Services reserves sole and absolute discretion with respect to the operation of the Site. LivLuvLaf Mindfulness Services may withdraw, suspend or discontinue any functionality or feature of the Services at any time, and from time to time. LivLuvLaf Mindfulness Services is responsible for maintaining data arising from use of the Services, but does not warrant the accuracy or completeness of the data stored; provided, however, that the Provider at all times maintains custodianship of any such data arising from use of the Services. LivLuvLaf Mindfulness Services reserves the right to maintain, delete or destroy all communications and materials posted or updated to the Site pursuant to its internal record retention and/or destruction policies.
4. Ownership of the Site and Related Materials.
All information and data within the Site and any material made available for download (“Materials”) are the exclusive property of LivLuvLaf Mindfulness Services, or its Providers, licensors and/or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws, as applicable. Any content, photos, artwork, videos, text, graphics, articles and other information uploaded, posted, displayed or otherwise provided by the Site (“Content”) and any Materials accessed through or made available for use or download through the Site may not be copied, distributed, modified, republished, reproduced, hyperlinked, downloaded, uploaded, posted, transmitted or used, in whole or in part, except for purposes authorized or approved in writing by LivLuvLaf Mindfulness Services.
All information and data within the Site and any material made available for download (“Materials”) are the exclusive property of LivLuvLaf Mindfulness Services, or its Providers, licensors and/or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws, as applicable. Any content, photos, artwork, videos, text, graphics, articles and other information uploaded, posted, displayed or otherwise provided by the Site (“Content”) and any Materials accessed through or made available for use or download through the Site may not be copied, distributed, modified, republished, reproduced, hyperlinked, downloaded, uploaded, posted, transmitted or used, in whole or in part, except for purposes authorized or approved in writing by LivLuvLaf Mindfulness Services.
5. Security
Site Access; Passwords. In the event you choose to register as a user of this Site, you will be asked to complete the registration process by providing current, complete, and accurate information as required by LivLuvLaf Mindfulness Services. You will then be provided with a username and password unique to you. It is your sole responsibility to maintain the confidentiality of these identifiers, and not share or disclose them to any third party. You are responsible for all activities that occur under your username and password. Should access to the Site, or portions of the Site, be limited by requiring a username and password (“Protected Areas”), you agree to access Protected Areas using only your username and password as provided by LivLuvLaf Mindfulness Services.
You further agree to (a) notify us of any unauthorized use of your username and password or any other breach of security and (b) make certain that you exit from your account at the end of each session. LivLuvLaf Mindfulness Services will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature if you have linked your LivLuvLaf Mindfulness Services account to any electronic mail service or other account. In addition, we encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the Site only with the consent and supervision of a parent or guardian.
You may not use any manual process or scraper, crawler, spider, robot or other automated means of any kind to monitor, access or copy data on the Site, deep-link to any feature or Content on the Site, bypass our robot exclusion headers or other measures LivLuvLaf Mindfulness Services may use to prevent or restrict access to the Site.
Violation of system or network security may result in civil or criminal liability and LivLuvLaf Mindfulness Services hereby expressly reserves any and all of its rights to seek full legal recourse in the event of such violation. LivLuvLaf Mindfulness Services will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You hereby agree to indemnify and hold harmless LivLuvLaf Mindfulness Services, LivLuvLaf Mindfulness Services’s successors, affiliates, and/or assigns and each of its and their respective directors, officers, managers, employees, members, agents, representative, licensors, successors, and/or assigns from and in respect of any and all losses, damages, claims, charges, obligations, liabilities, commitments, actions, proceedings, demands, judgments, assessments, penalties, costs, and expenses (including, without limitation, court costs, reasonable attorneys’ fees and other reasonable professional fees and costs) and damages of any kind whatsoever, arising out of, in connection with or incident to any violation described in this Section 5.
Site Access; Passwords. In the event you choose to register as a user of this Site, you will be asked to complete the registration process by providing current, complete, and accurate information as required by LivLuvLaf Mindfulness Services. You will then be provided with a username and password unique to you. It is your sole responsibility to maintain the confidentiality of these identifiers, and not share or disclose them to any third party. You are responsible for all activities that occur under your username and password. Should access to the Site, or portions of the Site, be limited by requiring a username and password (“Protected Areas”), you agree to access Protected Areas using only your username and password as provided by LivLuvLaf Mindfulness Services.
You further agree to (a) notify us of any unauthorized use of your username and password or any other breach of security and (b) make certain that you exit from your account at the end of each session. LivLuvLaf Mindfulness Services will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature if you have linked your LivLuvLaf Mindfulness Services account to any electronic mail service or other account. In addition, we encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the Site only with the consent and supervision of a parent or guardian.
You may not use any manual process or scraper, crawler, spider, robot or other automated means of any kind to monitor, access or copy data on the Site, deep-link to any feature or Content on the Site, bypass our robot exclusion headers or other measures LivLuvLaf Mindfulness Services may use to prevent or restrict access to the Site.
Violation of system or network security may result in civil or criminal liability and LivLuvLaf Mindfulness Services hereby expressly reserves any and all of its rights to seek full legal recourse in the event of such violation. LivLuvLaf Mindfulness Services will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You hereby agree to indemnify and hold harmless LivLuvLaf Mindfulness Services, LivLuvLaf Mindfulness Services’s successors, affiliates, and/or assigns and each of its and their respective directors, officers, managers, employees, members, agents, representative, licensors, successors, and/or assigns from and in respect of any and all losses, damages, claims, charges, obligations, liabilities, commitments, actions, proceedings, demands, judgments, assessments, penalties, costs, and expenses (including, without limitation, court costs, reasonable attorneys’ fees and other reasonable professional fees and costs) and damages of any kind whatsoever, arising out of, in connection with or incident to any violation described in this Section 5.
6. Content of Community/Web Forums.
Users may be able to post content (“User Content”) in certain areas on the Site, such as in connection with chats and in the comments sections for certain articles. You are solely responsible for any User Content you choose to put on the Site. You represent and warrant that: (i) you own any and all of such User Content posted by you on the Site or otherwise have the right to grant the license rights granted in these Terms of Use; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Site does not result in a breach of any contract between you and a third party.
We do not guarantee the accuracy, completeness or usefulness of any Content. Furthermore, LivLuvLaf Mindfulness Services does not endorse, nor is LivLuvLaf Mindfulness Services responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. LivLuvLaf Mindfulness Services assumes no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
LivLuvLaf Mindfulness Services reserves the right, in our absolute and sole discretion, to reject, refuse to post or remove any User Content. LivLuvLaf Mindfulness Services expressly reserves the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if LivLuvLaf Mindfulness Services determines, in our sole and absolute discretion, that you pose a threat to the Site and/or its users.
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By supplying User Content to any area of the Site, you automatically grant to LivLuvLaf Mindfulness Services an irrevocable, transferable, sublicensable, perpetual, non-exclusive, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content for purposes of maintaining the Site, and/or making User Content available, and you represent and warrant that you have the right to grant an irrevocable, transferable, sublicensable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such User Content. Additionally, LivLuvLaf Mindfulness Services shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.
The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Site. Prohibited Content includes, but is not limited to Content that:
Users may be able to post content (“User Content”) in certain areas on the Site, such as in connection with chats and in the comments sections for certain articles. You are solely responsible for any User Content you choose to put on the Site. You represent and warrant that: (i) you own any and all of such User Content posted by you on the Site or otherwise have the right to grant the license rights granted in these Terms of Use; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Site does not result in a breach of any contract between you and a third party.
We do not guarantee the accuracy, completeness or usefulness of any Content. Furthermore, LivLuvLaf Mindfulness Services does not endorse, nor is LivLuvLaf Mindfulness Services responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. LivLuvLaf Mindfulness Services assumes no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
LivLuvLaf Mindfulness Services reserves the right, in our absolute and sole discretion, to reject, refuse to post or remove any User Content. LivLuvLaf Mindfulness Services expressly reserves the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if LivLuvLaf Mindfulness Services determines, in our sole and absolute discretion, that you pose a threat to the Site and/or its users.
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By supplying User Content to any area of the Site, you automatically grant to LivLuvLaf Mindfulness Services an irrevocable, transferable, sublicensable, perpetual, non-exclusive, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content for purposes of maintaining the Site, and/or making User Content available, and you represent and warrant that you have the right to grant an irrevocable, transferable, sublicensable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such User Content. Additionally, LivLuvLaf Mindfulness Services shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.
The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Site. Prohibited Content includes, but is not limited to Content that:
a. is patently offensive and promotes fascism, bigotry, hatred, or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. solicits personal information from anyone under 21;
f. provides any telephone numbers, street addresses, last names, URLs, or email addresses;
g. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
h. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
i. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
j. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
k. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
l. solicits passwords from other users or personal identifying information for commercial or unlawful purposes from other users;
m. involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
n. includes a photograph or video footage of another person that you have posted without that person’s consent or other third-party content, including but not limited to music, trademarks, logos, artwork, or any other copyrighted, trademarked, or proprietary third-party content that you have not secured permission to include on the Site.
7. Content Monitoring of Community/Web Forums
LivLuvLaf Mindfulness Services is under no obligation to screen or monitor Content, but may review Content from time to time at our sole discretion to review compliance with these Terms of Use. LivLuvLaf Mindfulness Services will make all determinations as to what Content is appropriate in our sole and absolute discretion. LivLuvLaf Mindfulness Services may include, edit or remove any Content at any time, and from time to time, without notice. LivLuvLaf Mindfulness Services may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that LivLuvLaf Mindfulness Services deems objectionable. Such devices or techniques are not perfect, and LivLuvLaf Mindfulness Services will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, LivLuvLaf Mindfulness Services may employ automated devices that delete or block email messages that exceed the limit. LivLuvLaf Mindfulness Services will not be responsible for such deleted or blocked messages.
LivLuvLaf Mindfulness Services is under no obligation to screen or monitor Content, but may review Content from time to time at our sole discretion to review compliance with these Terms of Use. LivLuvLaf Mindfulness Services will make all determinations as to what Content is appropriate in our sole and absolute discretion. LivLuvLaf Mindfulness Services may include, edit or remove any Content at any time, and from time to time, without notice. LivLuvLaf Mindfulness Services may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that LivLuvLaf Mindfulness Services deems objectionable. Such devices or techniques are not perfect, and LivLuvLaf Mindfulness Services will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, LivLuvLaf Mindfulness Services may employ automated devices that delete or block email messages that exceed the limit. LivLuvLaf Mindfulness Services will not be responsible for such deleted or blocked messages.
8. Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person. LivLuvLaf Mindfulness Services is not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, and conduct any necessary investigation before meeting another person. LivLuvLaf Mindfulness Services is under no obligation to become involved with any user dispute, but may do so at its own discretion.
You are solely responsible for your interactions with other people, whether online or in person. LivLuvLaf Mindfulness Services is not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, and conduct any necessary investigation before meeting another person. LivLuvLaf Mindfulness Services is under no obligation to become involved with any user dispute, but may do so at its own discretion.
9. Premium Services
a. Learning Course Use
In addition to the provision of web forums, LivLuvLaf Mindfulness Services offers certain premium Services upon the payment of fees and taxes, as applicable. The Site enables users to not only access Providers, via telephonic or in-person consulting services, it also enables users to connect with independent contractor instructors who provide live and recorded instruction, tutoring, and learning services (the “Courses“) as part of the Services offered. This Service component includes, without limitation, facilitating and hosting Courses and supporting Materials, and taking feedback from users.
a.You are solely responsible for all service, telephone, data charges and/or other fees and costs associated with your access to and use of the Courses, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
b. If you elect to access or use those certain Courses that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize LivLuvLaf Mindfulness Services to charge your credit card, in accordance with Section 10 below, on a regular basis to pay the fees as they are due.
All of your use, access and other activities relating to the Courses must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity.
b. Subscription Services.
License and Access. Subject to your compliance with these Terms of Use and your payment of any applicable fees, LivLuvLaf Mindfulness Services or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by LivLuvLaf Mindfulness Services or its licensors, suppliers, publishers, rights holders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LivLuvLaf Mindfulness Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LivLuvLaf Mindfulness Services without express written consent. You may not use any meta tags or any other “hidden text” utilizing LivLuvLaf Mindfulness Services name or trademarks without the express written consent of LivLuvLaf Mindfulness Services. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by LivLuvLaf Mindfulness Services terminate if you do not comply with these Terms of Use.]
10. Payment for Premium Services
a.
You are responsible for and shall timely pay all fees and charges incurred through your account at the rates that apply during the billing period for which such fees and charges accrued. The rates that apply for the Courses and the telephonic or in-person consulting services can be found on the Site and through the Site. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for Services made available through the Site. You shall also be responsible for the payment of all applicable taxes generated by your use of this Site. Any payment made is non-refundable.
You are responsible for maintaining a valid credit card account for payment at all times. We use a third-party payment processor (the “Payment Processor”) to link LivLuvLaf Mindfulness Services to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Site will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to the Terms of Use. LivLuvLaf Mindfulness Services is not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a Provider), LivLuvLaf Mindfulness Services will obtain certain transaction details, which LivLuvLaf Mindfulness Services will use solely in accordance with our Privacy Policy.
At present LivLuvLaf Mindfulness Services does not process any insurance claims, nor will the Providers process claims on your behalf. Although, the consultations/treatments you receive from Providers through the Site may or may not be covered by your insurance, it is solely up to you to contact your health plan provider to determine whether coverage applies, and to submit a claim. You are responsible for the full fee (and for paying the fee up front) regardless of whether you later are able to receive reimbursement from your health plan for all or part of the cost.
b.
Consultation Services Fees. You are charged when you actually use the Services by scheduling a consultation with a Provider. Each Provider sets his or her own fees for his or her time and Services. However, your payment to them includes a portion that is retained by LivLuvLaf Mindfulness Services for our administrative services in connection with the Site.
In accordance with subsection (a) above, LivLuvLaf Mindfulness Services shall, on behalf of the Provider, charge you for the Services provided to you by the Provider. You agree you will pay for all Services you receive from the Provider, and that LivLuvLaf Mindfulness Services may charge your credit card account, as provided by you when registering for the Services, for such Services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account.
11. Accuracy and Integrity of Information
Although LivLuvLaf Mindfulness Services attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform LivLuvLaf Mindfulness Services so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, LivLuvLaf Mindfulness Services shall have no responsibility or liability for information or Content posted to the Site from any non-LivLuvLaf Mindfulness Services affiliated third party.
Although LivLuvLaf Mindfulness Services attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform LivLuvLaf Mindfulness Services so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, LivLuvLaf Mindfulness Services shall have no responsibility or liability for information or Content posted to the Site from any non-LivLuvLaf Mindfulness Services affiliated third party.
12. Links to Other Sites
LivLuvLaf Mindfulness Services makes no representations whatsoever about any other website that you may access through this Site. When you access a non-LivLuvLaf Mindfulness Services website, please understand that it is independent fromLivLuvLaf Mindfulness Services, and that LivLuvLaf Mindfulness Services has no control over the content on that website. In addition, a link to a non-LivLuvLaf Mindfulness Services website does not mean that LivLuvLaf Mindfulness Services endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
LivLuvLaf Mindfulness Services makes no representations whatsoever about any other website that you may access through this Site. When you access a non-LivLuvLaf Mindfulness Services website, please understand that it is independent fromLivLuvLaf Mindfulness Services, and that LivLuvLaf Mindfulness Services has no control over the content on that website. In addition, a link to a non-LivLuvLaf Mindfulness Services website does not mean that LivLuvLaf Mindfulness Services endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
13. Claims of Copyright Infringement
LivLuvLaf Mindfulness Services disclaims any responsibility or liability for copyrighted Materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. LivLuvLaf Mindfulness Services respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), LivLuvLaf Mindfulness Services will respond promptly to notices of alleged infringement that are reported to the LivLuvLaf Mindfulness Services designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending LivLuvLaf Mindfulness Services a notice (“Notice”) complying with the following requirements, as applicable;
LivLuvLaf Mindfulness Services disclaims any responsibility or liability for copyrighted Materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. LivLuvLaf Mindfulness Services respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), LivLuvLaf Mindfulness Services will respond promptly to notices of alleged infringement that are reported to the LivLuvLaf Mindfulness Services designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending LivLuvLaf Mindfulness Services a notice (“Notice”) complying with the following requirements, as applicable;
a. Identify the copyrighted works that you claim have been infringed;
b. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found;
c. Provide your mailing address, telephone number, and, if available, email address; and
d. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use),” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to {insert contact information of designated Copyright Agent}
If LivLuvLaf Mindfulness Services removes Content in response to a copyright or trademark notice, LivLuvLaf Mindfulness Services will notify you if you are party responsible for posting such Content and offer to provide you with a copy of the notice, as applicable. If you believe the Content was wrongly removed due to a mistake or misidentification of the material, a counter-notice may be filed with LivLuvLaf Mindfulness Services that includes the following:
a. Your physical or electronic signature;
b. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
c. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Providers may be found, and that you will accept service of process from the person who provided notification.
Upon receiving a counter-notice LivLuvLaf Mindfulness Services will forward it to the complaining party and tell them LivLuvLaf Mindfulness Services will restore Content within 10 business days. If that party does not notify LivLuvLaf Mindfulness Services that they have filed an action to enjoin your use of that Content before that period passes, LivLuvLaf Mindfulness Services will consider restoring Content to the site. It is LivLuvLaf Mindfulness Services’s policy to close the accounts of users LivLuvLaf Mindfulness Services identifies as repeat infringers. LivLuvLaf Mindfulness Services applies this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing on the copyrights or other intellectual property rights of others.
14. Disclaimer of Warranties.
Livluvlaf mindfulness services does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the site will be corrected. This site, including any content or information contained within it or any site-related services, is provided on an “as is” and “as available” basis, with all faults, with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Livluvlaf mindfulness services does not warrant the accuracy, completeness or timeliness of the information obtained through the site.
You acknowldege that access to the site will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “carrier lines”) owned, maintained, and serviced by third-party carriers, utilities, internet service providers, all of which are beyond livluvlaf mindfulness services’s control. Livluvlaf mindfulness services assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
Livluvlaf mindfulness services is not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the site for unauthorized access to cause, alteration, theft, dissemination, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means by any authorized user, or any other person, entity, third party or other. You are solely responsible for validating the accuracy of all output and reports, and for protecting your data and programs from loss by implementing appropriate security measures, including routine backup procedures. You hereby waive any damages occasioned by unauthorized dissemination of data, lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. Livluvlaf mindfulness services is not responsible for the content of any information transmitted or received through our provision of the site.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
You assume total responsibility and risk for your use of this site, site-related services, and linked websites. Livluvlaf mindfulness services does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. The information contained on this site is provided as a service to the internet community, and does not constitute the practice of medicine, nor the provision of medical services, or of rendering health care. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained on the site. As the practice of medicine and the provision of medical and other professional services must be tailored to the specific circumstances of each case, and medicine is constantly changing and advancing, nothing provided herein should be used as a substitute for the advice of your regular healthcare providers.
Livluvlaf mindfulness services does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the site will be corrected. This site, including any content or information contained within it or any site-related services, is provided on an “as is” and “as available” basis, with all faults, with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Livluvlaf mindfulness services does not warrant the accuracy, completeness or timeliness of the information obtained through the site.
You acknowldege that access to the site will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “carrier lines”) owned, maintained, and serviced by third-party carriers, utilities, internet service providers, all of which are beyond livluvlaf mindfulness services’s control. Livluvlaf mindfulness services assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
Livluvlaf mindfulness services is not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the site for unauthorized access to cause, alteration, theft, dissemination, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means by any authorized user, or any other person, entity, third party or other. You are solely responsible for validating the accuracy of all output and reports, and for protecting your data and programs from loss by implementing appropriate security measures, including routine backup procedures. You hereby waive any damages occasioned by unauthorized dissemination of data, lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. Livluvlaf mindfulness services is not responsible for the content of any information transmitted or received through our provision of the site.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
You assume total responsibility and risk for your use of this site, site-related services, and linked websites. Livluvlaf mindfulness services does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. The information contained on this site is provided as a service to the internet community, and does not constitute the practice of medicine, nor the provision of medical services, or of rendering health care. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained on the site. As the practice of medicine and the provision of medical and other professional services must be tailored to the specific circumstances of each case, and medicine is constantly changing and advancing, nothing provided herein should be used as a substitute for the advice of your regular healthcare providers.
15. Limitation of Liability Regarding Use of Site.
THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. Livluvlaf mindfulness services is not engaged in the practice of medicine, does not provide medical services, and is not in the business of rendering health care. All of the providers are independent of livluvlaf mindfulness services and use the services as a way to communicate with you. Any information or advice received from a provider comes from them alone. Your interactions with the providers should not take the place of your relationship with your regular health care practitioners. You should always seek the advice of your providers with any questions or concerns you may have regarding individual needs and any medical conditions. Livluvlaf mindfulness services shall not be liable for any professional advice obtained from a provider via the services or for any other information obtained on the site. You acknowledge that reliance on any providers or information provided by the providers through the services is solely at your own risk and you assume full responsibility for all risk associated therewith. Livluvlaf mindfulness services does not make any representations or warranties about the training or skill of any providers who provide services through the site. The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Reliance on any information appearing on this site, whether provided by livluvlaf mindfulness services, its content, medical experts, clients, visitors to the site or others, is solely at your own risk.
You expressly understand and agree that livluvlaf mindfulness services and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from the unauthorized dissemination of data, lost profits, lost data, business interruption or other intangible losses) arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Livluvlaf mindfulness services is not assuming liability, and, therefore shall not be liable to the You for any claims, debts, liabilities, obligations, costs, expenses, actions, causes of action and claims for relief as a result of any claim, audit, investigation, litigation or arbitration, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by LIVLUVLAF MINDFULNESS SERVICES’S negligent performance, or failure to perform any obligation. You hereby release LIVLUVLAF MINDFULNESS SERVICES from any claims for contribution or indemnity. Your sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of livluvlaf mindfulness services to you with respect to your use of this site is $75.00 (seventy five dollars).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
In the event you transmit, introduce, or otherwise cause any technical disruption of the site, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys’ fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions. “technical disruption” means distribution of unsolicited advertising or chain letters, propagation of computer worms, viruses or other harmful code, and/or using the site to make unauthorized entry to any other machine accessible via the site. You are further solely responsible for the content of any transmissions using the site and agree not to upload, post or otherwise make available on the site any material protected by a proprietary right of a third party without first obtaining the express permission of the owner of such proprietary right. You shall be solely liable for any damages, losses, costs or expenses (including attorneys’ fees and expenses) arising out of infringement of proprietary rights or any other harm arising from the uploading, posting or other submission of materials by you. You acknowledge and agree that the fees and other charges which livluvlaf mindfulness services is charging under this agreement do not include any consideration for assumption by livluvlaf mindfulness services of the risk of your’s direct, indirect, consequential or incidental damages or of unlimited direct damages.
THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. Livluvlaf mindfulness services is not engaged in the practice of medicine, does not provide medical services, and is not in the business of rendering health care. All of the providers are independent of livluvlaf mindfulness services and use the services as a way to communicate with you. Any information or advice received from a provider comes from them alone. Your interactions with the providers should not take the place of your relationship with your regular health care practitioners. You should always seek the advice of your providers with any questions or concerns you may have regarding individual needs and any medical conditions. Livluvlaf mindfulness services shall not be liable for any professional advice obtained from a provider via the services or for any other information obtained on the site. You acknowledge that reliance on any providers or information provided by the providers through the services is solely at your own risk and you assume full responsibility for all risk associated therewith. Livluvlaf mindfulness services does not make any representations or warranties about the training or skill of any providers who provide services through the site. The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Reliance on any information appearing on this site, whether provided by livluvlaf mindfulness services, its content, medical experts, clients, visitors to the site or others, is solely at your own risk.
You expressly understand and agree that livluvlaf mindfulness services and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from the unauthorized dissemination of data, lost profits, lost data, business interruption or other intangible losses) arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Livluvlaf mindfulness services is not assuming liability, and, therefore shall not be liable to the You for any claims, debts, liabilities, obligations, costs, expenses, actions, causes of action and claims for relief as a result of any claim, audit, investigation, litigation or arbitration, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by LIVLUVLAF MINDFULNESS SERVICES’S negligent performance, or failure to perform any obligation. You hereby release LIVLUVLAF MINDFULNESS SERVICES from any claims for contribution or indemnity. Your sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of livluvlaf mindfulness services to you with respect to your use of this site is $75.00 (seventy five dollars).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
In the event you transmit, introduce, or otherwise cause any technical disruption of the site, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys’ fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions. “technical disruption” means distribution of unsolicited advertising or chain letters, propagation of computer worms, viruses or other harmful code, and/or using the site to make unauthorized entry to any other machine accessible via the site. You are further solely responsible for the content of any transmissions using the site and agree not to upload, post or otherwise make available on the site any material protected by a proprietary right of a third party without first obtaining the express permission of the owner of such proprietary right. You shall be solely liable for any damages, losses, costs or expenses (including attorneys’ fees and expenses) arising out of infringement of proprietary rights or any other harm arising from the uploading, posting or other submission of materials by you. You acknowledge and agree that the fees and other charges which livluvlaf mindfulness services is charging under this agreement do not include any consideration for assumption by livluvlaf mindfulness services of the risk of your’s direct, indirect, consequential or incidental damages or of unlimited direct damages.
16. No Liability for Content
You agree that livluvlaf mindfulness services will not be liable for any content, including but not limited to content that is sent, received, held, released or otherwise connected in any respect to the site or its related services, content that is uploaded or downloaded but not received, and content sent using and/or included in the services, including without limitation any threatening, defamatory, obscene, offensive, or illegal content; further, you agree that livluvlaf mindfulness services will not be liable for any access to or alteration of such content or for any infringement of another’s rights, including privacy, intellectual property, or data protection rights arising from such provider-generated or patient user-generated content, or from the conduct of physician users, patient users, or third parties other than which may be the result of livluvlaf mindfulness services’s willful conduct.
You agree that livluvlaf mindfulness services will not be liable for any content, including but not limited to content that is sent, received, held, released or otherwise connected in any respect to the site or its related services, content that is uploaded or downloaded but not received, and content sent using and/or included in the services, including without limitation any threatening, defamatory, obscene, offensive, or illegal content; further, you agree that livluvlaf mindfulness services will not be liable for any access to or alteration of such content or for any infringement of another’s rights, including privacy, intellectual property, or data protection rights arising from such provider-generated or patient user-generated content, or from the conduct of physician users, patient users, or third parties other than which may be the result of livluvlaf mindfulness services’s willful conduct.
17. No Warranty
You agree that the site is provided on an “as is” and “as available” basis only, without warranty of any kind, and all express, implied or statutory warranties, conditions, representations, including but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, adequacy and noninfringement or warranty arising out of course of performance, course of dealing or usage or trade are excluded by livluvlaf mindfulness services, and livluvlaf mindfulness services does not warrant that the programs will meet the requirements of any person and operate on an uninterrupted or error-free basis. You acknowledge you are solely responsible for any and all acts or omissions taken or made in reliance on the site, including inaccurate or incomplete information.
You agree that the site is provided on an “as is” and “as available” basis only, without warranty of any kind, and all express, implied or statutory warranties, conditions, representations, including but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, adequacy and noninfringement or warranty arising out of course of performance, course of dealing or usage or trade are excluded by livluvlaf mindfulness services, and livluvlaf mindfulness services does not warrant that the programs will meet the requirements of any person and operate on an uninterrupted or error-free basis. You acknowledge you are solely responsible for any and all acts or omissions taken or made in reliance on the site, including inaccurate or incomplete information.
18. Indemnity
You hereby agree to indemnify and hold harmless LivLuvLaf Mindfulness Services, LivLuvLaf Mindfulness Services’s affiliates, successors and assigns and each of its and their respective directors, officers, managers, employees, members, agents, representative, licensors, successors, and assigns from and in respect of any and all losses, damages, expense, claims, charges, obligations, liabilities, commitments, actions, proceedings, demands, judgments, assessments, penalties, costs, and expenses (including, without limitation, court costs, reasonable attorneys’ fees and other reasonable professional fees and costs) and damages of any kind whatsoever, arising out of: (a) use of the Services; or (b) violation of these Terms of Use.
You hereby agree to indemnify and hold harmless LivLuvLaf Mindfulness Services, LivLuvLaf Mindfulness Services’s affiliates, successors and assigns and each of its and their respective directors, officers, managers, employees, members, agents, representative, licensors, successors, and assigns from and in respect of any and all losses, damages, expense, claims, charges, obligations, liabilities, commitments, actions, proceedings, demands, judgments, assessments, penalties, costs, and expenses (including, without limitation, court costs, reasonable attorneys’ fees and other reasonable professional fees and costs) and damages of any kind whatsoever, arising out of: (a) use of the Services; or (b) violation of these Terms of Use.
19. Dispute Resolution
LivLuvLaf Mindfulness Services will try work in good faith to resolve any issue you have with the Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, LivLuvLaf Mindfulness Services realizes that there may be rare cases where LivLuvLaf Mindfulness Services may not be able to resolve an issue to a customer’s satisfaction. In the event LivLuvLaf Mindfulness Services cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or the Terms of Use will be governed by the laws of the State of New York, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of or relate to the use and access of the Site shall be exclusively in state courts of Nassau County, New York.
LivLuvLaf Mindfulness Services will try work in good faith to resolve any issue you have with the Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, LivLuvLaf Mindfulness Services realizes that there may be rare cases where LivLuvLaf Mindfulness Services may not be able to resolve an issue to a customer’s satisfaction. In the event LivLuvLaf Mindfulness Services cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or the Terms of Use will be governed by the laws of the State of New York, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of or relate to the use and access of the Site shall be exclusively in state courts of Nassau County, New York.
20. Force Majeure
LivLuvLaf Mindfulness Services will not be deemed to be in breach of these Terms of Use or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
LivLuvLaf Mindfulness Services will not be deemed to be in breach of these Terms of Use or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
21. Right to Modify Revisions; General
LivLuvLaf Mindfulness Services reserves the right, in its sole and absolute discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. LivLuvLaf Mindfulness Services reserves the right, in its sole and absolute discretion to modify these Terms of Use at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this Site so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between LivLuvLaf Mindfulness Services and you pertaining to the subject matter hereof. In its sole discretion, LivLuvLaf Mindfulness Services may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
LivLuvLaf Mindfulness Services reserves the right, in its sole and absolute discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. LivLuvLaf Mindfulness Services reserves the right, in its sole and absolute discretion to modify these Terms of Use at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this Site so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between LivLuvLaf Mindfulness Services and you pertaining to the subject matter hereof. In its sole discretion, LivLuvLaf Mindfulness Services may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
22. Acceptance of Terms and Conditions of Use
BY CLICKING ON “LOG ON” ON THE SITE SIGN UP PAGE, YOU REPRESENT THAT: (I) YOU HAVE READ AND UNDERSTAND AND AGREE TO THE TERMS OF USE; AND (II) YOU ARE AT LEAST 18 YEARS OF AGE. If you do not agree to the terms of this agreement, you may not use the Site. By clicking on “Log On” on the sign up page, your electronic acceptance of this agreement, and the terms of use set forth herein, has the same effect as if you had actually signed this agreement. The effective date of this agreement is the date upon which you first click “Log On”.
BY CLICKING ON “LOG ON” ON THE SITE SIGN UP PAGE, YOU REPRESENT THAT: (I) YOU HAVE READ AND UNDERSTAND AND AGREE TO THE TERMS OF USE; AND (II) YOU ARE AT LEAST 18 YEARS OF AGE. If you do not agree to the terms of this agreement, you may not use the Site. By clicking on “Log On” on the sign up page, your electronic acceptance of this agreement, and the terms of use set forth herein, has the same effect as if you had actually signed this agreement. The effective date of this agreement is the date upon which you first click “Log On”.
23. Electronic Communications
When you use any of the Services, or send e-mails, text messages and other communications from your desktop or mobile device to us, you are communicating to LivLuvLaf Mindfulness Services electronically. You consent to receive communications from LivLuvLaf Mindfulness Services electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that LivLuvLaf Mindfulness Services provides to you electronically satisfy any legal requirement that these notices and other communications be in writing.
When you use any of the Services, or send e-mails, text messages and other communications from your desktop or mobile device to us, you are communicating to LivLuvLaf Mindfulness Services electronically. You consent to receive communications from LivLuvLaf Mindfulness Services electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that LivLuvLaf Mindfulness Services provides to you electronically satisfy any legal requirement that these notices and other communications be in writing.