Subscription/Membership is per email address only and is limited to use only by owner of email address provided with subscription.
Subscriptions are priced depending on their commitment period, for example 1 month, and 12 months. After the end of your commitment period Center for Living Wellness, LLC will continue to charge you on a monthly basis at the same rate that you were paying. For monthly subscriptions, payment will be automatically processed each month on the same numerical date each month on which subscription was established. At any time you may choose to upgrade your subscription, starting a new commitment period at a new monthly subscription rate.
User may terminate subscription with 30 days advance notice from the “account manager” section or by emailing firstname.lastname@example.org. There are no refunds or partial refunds. Once payment is processed the term has been established.
All orders placed through the web site are subject to Center for Living Wellness's acceptance, which is in its sole discretion. Without limitation, this means that Center for Living Wellness may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Center for Living Wellness shall issue a credit to your credit card account.
FEE GUARANTEE: Subscription fees may be modified from time-to-time by the Center for Living Wellness. However, no membership fee increase will be applicable until both the subscription term has passed AND Member has been given at least thirty (30) days advance notice of the fee increase via email and/or identified on user “member account” page.
RIGHT TO TERMINATE, OR CHANGE SERVICE, RATES, AND FACILITIES: It is agreed by the Member that Center for Living Wellness at its sole and absolute discretion may suspend
or cancel any subscription for any reason at any time without notice, including, but not limited to, misuse of subscription and for any reason deemed sufficient in the sole discretion of Management. Subscription is not transferable and no funds are refundable. It is further agreed that all regulations, policies, facilities, locations, services, hours, rate, annual or monthly dues, member’s fees and charges are subject to change without notice at the sole discretion of Center for Living Wellness. Except as otherwise provided herein, any such changes do not release the Member from any obligation under the contract.
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that Center for Living Wellness can contact you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account.
Center for Living Wellness reserves the right to close accounts of any user seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of accounts, or to disrupt any of our services in any way.
At times we must decline user-IDs that may otherwise seem unobjectionable. A user-ID may be declined for a number of reasons, for example it might violate another party's trademark or other intellectual property rights. These may include words, phrases, and celebrity's names. It may contain profanity, inappropriate slang, might be considered insulting or discriminatory, might be construed to incite violence, or may simply contain material that we do not wish to place on our site. Center for Living Wellness reserves the right to cancel any user-ID after it has been submitted.
Given the nature of the Internet, even though the Site is targeted to US residents only, it may be accessed in other parts of the world. If you are not a US resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of Center for Living Wellness) to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A US RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON CENTER FOR LIVING WELLNESS'S US SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY US LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Your use of certain Site Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional terms and conditions ("Special Rules"), and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into these TOS as if fully set forth herein.
The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Center for Living Wellness and/or its licensors and are protected by applicable US and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any of the materials (e.g., key art, title treatment, clips, stills, music tracks, etc.) used in your User Submissions that may be licensed to you by Center for Living Wellness for use in your User Submissions (e.g., in connection with a contest or other program offered on the Site) (such content referred to as the "Center for Living Wellness Licensed Assets"); and/or (ii) to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these TOS. Notwithstanding the foregoing, you hereby grant to Center for Living Wellness the rights as set forth in the section “USER SUBMISSIONS; GRANT OF LICENSE TO CENTER FOR LIVING WELLNESS; YOUR WARRANTIES AND REPRESENTATIONS” below. Unless expressly authorized by Center for Living Wellness pursuant to these TOS, or unless you have otherwise obtained Center for Living Wellness's written permission (such as for example, but not limitation, as part of specific instructions provided on the Site, including, without limitation, as part of any Special Rules), you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Center for Living Wellness and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these TOS and may subject you to civil and/or criminal liability under applicable laws.
Subject to these TOS (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), Center for Living Wellness hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a "License"): (1) the License to access, view and otherwise use the Site (including, without limitation any services provided on or through the Site) for your personal, lawful use only, as intended through the normal functionality of the Site; (2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a "Site Widget"); (3) the License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as "sharing" functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your "Personal Social Media"), and/or, if the Site provides "widget grabbing and embedding" functionality, to "grab" a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media; (4) the License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides "widget grabbing and embedding" functionality, to "grab" a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends; (5) if the Site includes a "Send to Friend" tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site's servers convey your message to your friend; (6) if the Site includes a "Download" link next to a piece of Site content (including, without limitation, an image, a music track, or an RSS feed), the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only; (7) if the Site enables you to download Software, the License to install and use one copy of the Software on your personal computer system in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, SPE does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Center for Living Wellness and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Center for Living Wellness; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; (v) because the laws and regulations of the US restrict the export and re-export of commodities and technical data of US origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of the US or any foreign jurisdiction, and in addition, you represent and warrant that you are not a national or resident of any country to which the US has embargoed goods, or on the US Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial and Prohibition Orders; (8) the License to obtain a registered personal account (and related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other similar activities; (9) the License to use any other functionality expressly provided by Center for Living Wellness on or through the Site for use by users, subject to these TOS (including, without limitation, functionality to create and/or Submit User Submissions).
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following: (1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines ("Applicable Laws"), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by Center for Living Wellness) purpose; (4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Site content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content; (10) you will not use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of Center for Living Wellness's products, services or brands, unless otherwise specifically permitted by Center for Living Wellness; (11) you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to Center for Living Wellness's full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Dr. Shilpa P. Saxena, M.D. , Center for Living Wellness or any of its affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative); (14) you will not do anything on the Site that would prevent other users' access to or use of the Site or any part thereof; and (15) you will use the Site and the Licenses at all times in compliance with these TOS and all Applicable Laws.
The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or via the Site (collectively, "Submit"), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your "User Submissions"), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise there from. Except as may otherwise be provided in any Special Rules, it is not Center for Living Wellness's regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but Center for Living Wellness may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or through the Site, you automatically grant to Center for Living Wellness and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the "Center for Living Wellness License") to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet resources), store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in Center for Living Wellness's (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Center for Living Wellness License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or Center for Living Wellness terminates your access to the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO CENTER FOR LIVING WELLNESS OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT CENTER FOR LIVING WELLNESS AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE CENTER FOR LIVING WELLNESS LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO CENTER FOR LIVING WELLNESS THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE CENTER FOR LIVING WELLNESS AND/OR ANY OF ITS AFFILIATES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE CENTER FOR LIVING WELLNESS LICENSE. You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (ii) Center for Living Wellness and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to Center for Living Wellness that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to Center for Living Wellness the Center for Living Wellness License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and Center for Living Wellness will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOS; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to Center for Living Wellness upon Center for Living Wellness's request.
Center for Living Wellness is not responsible for any loss, theft or damage of any kind to any User Submissions.
You acknowledge that Center for Living Wellness does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that Center for Living Wellness (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOS or Applicable laws, or if otherwise desired or necessary, as determined by Center for Living Wellness in its sole discretion. Center for Living Wellness shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users' User Submissions) that violate these TOS or are otherwise objectionable, as determined by Center for Living Wellness in its sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site). Center for Living Wellness does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of Center for Living Wellness or any of its affiliates. Center for Living Wellness disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Center for Living Wellness or any of its affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Center for Living Wellness may maintain copies for archival purposes.
Center for Living Wellness reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part). You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
Center for Living Wellness sites may link to and/or contain advertisements about non-Center for Living Wellness owned or controlled Web sites or other Internet resources. You acknowledge and understand that Center for Living Wellness does not endorse or sponsor such other third party Web sites or other Internet resources and CENTER FOR LIVING WELLNESS EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that neither Center for Living Wellness, Dr. Shilpa P. Saxena and/or the other experts on the Site, nor the Site itself, nor members of the Site are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, Center for Living Wellness AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither Center for Living Wellness nor any of its affiliates make any warranties or representations about the accu<
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