By using the HealingRadius website ("Service"), all services of HealingRadius you are agreeing to be bound by the following Terms and Conditions ("Terms of Service"). HealingRadius reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.HealingRadius.com/Home/Terms of Use

Violation of any of the terms below will result in the termination of your Account. While HealingRadius prohibits such conduct and Content on the Service, you understand and agree that HealingRadius cannot be responsible for the content posted on the Service and you, nonetheless, may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You must be 18 years or older to use this Service.
• You are responsible for maintaining the security of your account in terms of protecting your password. HealingRadius cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You may not use the Service for any illegal or unauthorized purpose. You must comply with all laws in your jurisdiction (including copyright and trademark laws) while using HealingRadius.

Payments, Returns, Upgrades and Terms

• A valid credit card is required to validate each individual user.
• Our fees do not include taxes imposed by taxing authorities, and user shall be responsible for payment of all such taxes.
• It is the user's responsibility to cancel their account. Refunds WILL NOT be issued to those that forgot about the program, did not use the program, or cancelled through improper channels (see Cancellation and Termination).
• HealingRadius does not guarantee the accuracy of quotes or contracts. Refunds will not be issued for miscalculation or incorrect pricing. It is the user's responsibility to double check all invoices, products, and contracts.
• HealingRadius has the right to charge for any portion of our services and to change the service fees at any time with or without notice to the users. Memberships that are terminated due to a breach of Agreement will not be entitled to a refund of any unused portion of fees or payments.

Changes to the Service and Prices

• HealingRadius reserves the right at any time -- and from time to time for updating purposes -- to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the HealingRadius Site (www.healingradius.com) or the within the Service itself.
• HealingRadius shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
• All features stated on the pages of healingradius.com (pricing, features, etc.) are available in the Service. Any new features and additions are considered extra or bonus features. These features are offered to existing users free of charge. HealingRadius reserves the right to charge users for the use of premium features.
• Because the Service is web (online) software, new features added into the Service may occasionally have unintentional bugs. HealingRadius will work quickly to efficiently resolve any technical links as soon as they are encountered. Encountering and reporting a bug or glitch does not entitle users to free service, refunds, credit, or kickback from HealingRadius.
• The Service is optimized to run on all of the major web browsers. It is not, however, guaranteed to run the same on all of them—or on other lesser known browsers. Some browsers may experience slower load times, slightly different shades of color, compatibility errors, and other minor differences.
• The Service can be used from a mobile browser, but it is not guaranteed to do so.

Cancellation and Termination

• You are solely responsible for properly cancelling your account. Users must fill out the cancel subscription form to end their subscription. Email or phone cancellations are not valid methods of unsubscribing from the Service.
• Some content (like contacts or invoices) can be exported before account termination. A users profile and account information will be held for 30 days after termination. After the 30 day period, the information will be purged from the system.
• HealingRadius does not accept any liability for loss of content due to account cancellation.
• If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will be charged the prorated amount for the days you used the Service.
• HealingRadius, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other HealingRadius service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. HealingRadius reserves the right to refuse service to anyone for any reason at any time.
• Any promotional offers (domains registered, custom website designs, custom newsletter themes, discounts or any other offers) are valid only if you are a paid subscriber for a year, otherwise the promotional offers will be charged at the listed price.

Inactive Accounts, Credit Card Expiration or Declines.

Please note that allowing a credit card to expire or not submitting payment by check regardless of invoice receipt status will result in automatic cancellation of your account after a period of 60 days. Notice will be sent to the email on record if a card is declined. We may also follow-up by phone or mail.

Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Profile and materials uploaded remain yours. However, you agree to allow others to view and share content on your public site. Options are available for private viewing and permissions.
• It is up to you to manage and keep track of who has permission to view the private pages and documents on your website.
• HealingRadius does not pre-screen content, but HealingRadius and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
• The look and feel of the Service is copyrighted © 2014 HealingRadius, All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from HealingRadius.
• When linking to other websites you agree to follow the relevant terms and conditions of the site you are linking.
• HealingRadius is free to promote you or your Healing Center through marketing materials, on-site promotions, and conventions.
• HealingRadius is not responsible for the content you post in the HealingRadius website. HealingRadius highly recommends users to consult copyright laws and rules for any content or media before posting to the HealingRadius website. HealingRadius does not allow any unauthorized content without explicit copyright permissions.

Copyright and Limited License

The site and all photos, text, video, code and other content and materials on the site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of HealingRadius or its licensors or users and are protected by United States and international copyright laws. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

• The collection, copying or distribution of any portion of the Site or the Site Materials
• Any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
• Modifying or otherwise making any derivative uses of the Site or any of the Site Materials
• Scraping or otherwise using any data mining, robots or similar data gathering or extraction methods
• With the exception of your own material, or others available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein
• Any use of the Site or the Site Materials other than for their intended purposes.

In accordance with the Digital Millennium Copyright Act and other applicable law, HealingRadius has adopted a policy of terminating, inappropriate circumstances and at HealingRadius's sole discretion, account holders who are deemed to be repeat copyright infringers. HealingRadius may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others is strictly prohibited. HealingRadius is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials

Using HealingRadius network/resources to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material is strictly prohibited. Also, we are required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our network/resources.

Defamatory or Abusive Language

Using our network/resources as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.

Actions: HealingRadius reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, HealingRadius may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on HealingRadius's systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by HealingRadius which, in HealingRadius's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes HealingRadius to civil or criminal liability or public ridicule. It is HealingRadius's policy to terminate repeat infringers. HealingRadius's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If HealingRadius takes corrective action due to such possible violation, HealingRadius shall not be obligated to refund to you any fees paid in advance of such corrective action.

Also that we should be protected at all times for any possible legal action: Indemnification. You will defend, indemnify, release and hold harmless HealingRadius and its officers, directors, shareholders, employees, consultants, agents, affiliates, subsidiaries, and suppliers (an 'Indemnitee') from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, consequential damages, including but not limited to attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to, your negligence, gross negligence, or wilful misconduct; (iii) your improper or illegal use of the Services; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by HealingRadius; (v) any claim relating to your services or products, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity); (vi) Customer's use of HealingRadius's services and facilities provided to Customer under this Agreement; even if HealingRadius has been advised of the possibility of such damages; and (vii) HealingRadius's and/or an Indemnities’ own conduct, including but not limited to, negligence, gross negligence, or wilful misconduct.

Conditions

• Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
• Technical support is only provided to paying account holders and is available via the help center, videos, email, chat, and phone. HealingRadius Staff will return support requests on a first-come, first-served basis.
• You understand that HealingRadius uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and may not be able to solve all problems immediately.
• You understand that HealingRadius employs a number of technical professionals in other countries and that support hours are for Eastern Time only.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, HealingRadius, or any other HealingRadius services.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by HealingRadius.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any HealingRadius customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your use of the Service causes a detriment to other users--using too much bandwidth, uploading malicious content, uploading and sharing illegal files-- HealingRadius reserves the right to pause, shutdown, cancel, or terminate your account without notice or refund.
• HealingRadius does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is being improved and modified constantly, and bugs and glitches are being ironed out.
• You expressly understand and agree that HealingRadius shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HealingRadius has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
• The failure of HealingRadius to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and HealingRadius and govern your use of the Service, superseding any prior agreements between you and HealingRadius (including, but not limited to, any prior versions of the Terms of Service).
• HealingRadius collects information for promotional, marketing, and customer support purposes. This information is not shared, sold, or distributed to third parties or other companies.
• HealingRadius reserves the right to promote our services through the use of small ads, links or text boxes in the header & footer section of all websites hosted on our servers.
• During business hours, all customer support chat requests, emails and phone calls will be answered on a first come, first serve basis. Please be patient, the customer support team will do their best to respond in a timely manner. All emails, offline chat requests and voice messages will be responded to within one business day.
• The Facebook and Twitter integration features are strictly program to program. By using them, you are authorizing HealingRadius to have access to specific functions to send updates, links, etc. to your desired accounts. Your login credentials for third party programs are confidential. By using these features, you are expected to abide by the Terms of Service of those respective programs.
• If requested, technical and customer support specialists can view a user's account using administrative controls to identify an issue. The administrative controls are view only--lists and buttons are grayed out and customer and financial information is inaccessible
• We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services.
• We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.

Visitor Terms & Conditions

Thank you for visiting HealingRadius. The terms and conditions below ("Terms of Service") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of HealingRadius and any related software applications whether existing now or in the future (collectively, the "Properties").

By accessing or using the Properties, you agree to be bound by these Terms, which in part are intended to make sure your legal rights are respected by other users of the Properties, and that in turn you respect the legal rights of HealingRadius and its other users. These Terms constitute the complete agreement between you and HealingRadius, regarding the Properties. We may change the Terms at any time by posting a revised Terms of Service on this page; such changes will be effective upon posting. Please carefully read the entire Terms.

Use of Properties

You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.

You agree that you will only use the Properties for your own personal use. You must be at least 18 years of age to use the Properties. Use of the Properties is void where prohibited.

Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.

Ownership of Content

• Your Content

By submitting Your Content you hereby irrevocably grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.

You are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.

In submitting Your Content to us, you represent that:

• You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
• Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.

Lastly, you agree that any of Your Content submitted to us will not:

• Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
• Contain material that violates the standards of good taste or the standards of the Properties;
• Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
• Accuse others of illegal activity, or describe physical confrontations;
• Contain material that is illegal, or that violates any federal, state, or local law or regulation;
• Contain language or images intended to impersonate another person;
• Disguise or attempt to disguise the origin of Your Content;
• Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
• Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
• Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
• Assert or imply that Your Content is in any way sponsored or endorsed by us; or
• Contain material that is not in English;

We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.

• Our Content

We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Properties excluding Your Content and third party content ("Our Content"). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.

• Copyright and Limited License

The site and all photos, text, video, code and other content and materials on the site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of HealingRadius or its licensors or users and are protected by United States and international copyright laws. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

• The collection, copying or distribution of any portion of the Site or the Site Materials
• Any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
• Modifying or otherwise making any derivative uses of the Site or any of the Site Materials.
• Scraping or otherwise using any data mining, robots or similar data gathering or extraction methods.
• With the exception of your own material, or others available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein.
• Any use of the Site or the Site Materials other than for their intended purposes.

No Endorsement of Content

Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

Restrictions on Use

Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:

• Use the Properties for illegal or unauthorized uses;
• Impersonate any person or entity;
• "Stalk" or harass other users or persons;
• Harm minors in any way;
• Falsely state or misrepresent your affiliation with another person or entity;
• Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
• Access or use the account of another user without permission;
• Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
• Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or other messages for any purposes;
• Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
• Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
• "Hack" or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
• Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
• Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
• Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
• Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content;

We may at any time in our sole discretion (i) move, edit, delete, or destroy any materials that you provide or deliver; (ii) access, preserve, or disclose in accordance with our Privacy Policy any materials that you provide or deliver including information that may be collected from you from your web browser or mobile device; (iii) suspend or terminate your access to and use of the Properties or any of their features in response to a breach of these Terms, or for any or no reason; or (iv) take any other action available at law in response to a breach of these Terms.

Disclaimer of Warranties and Limitation of Liability

• Disclaimer of Warranties

YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WELLNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.

WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.

• Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.

Miscellaneous

• Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.

• Changes to the Terms

HealingRadius may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Properties and, if applicable, cancel your account. You understand and agree that your continued use of the Properties after any posted modification to the Terms indicates your acceptance of the modification.

• Interpretation

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.

• Severability

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Inactive accounts, Credit card expiration or Declines.

Please note that allowing a credit card to expire or not submitting payment by check regardless of invoice receipt status will result in automatic cancellation of your account after a period of 60 days. Notice will be send to the email on record if a card is declined. We may also follow-up by phone or mail.

Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, you agree to allow others to view and share content on your public site. Options are available for private viewing and permissions.

It is up to you to manage and keep track of who has permission to view the private pages and documents on your website.

HealingRadius does not pre-screen Content, but HealingRadius and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service is copyrighted © 2014 HealingRadius, All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from HealingRadius.

When linking to other websites you agree to follow the relevant terms and conditions of the site you are linking to.

HealingRadius is free to promote you or your Healing Centre through marketing materials, on-site promotions, and conventions.

HealingRadius is not responsible for the content you post in the HealingRadius website. HealingRadius highly recommends users to consult copyright laws and rules for any content or media before posting to the HealingRadius website. HealingRadius does not allow any unauthorized content without explicit copyright permissions. The following are not allowed:

Copyright and Limited License

The Site and all Photos, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of HealingRadius or its licensors or users and are protected by United States and international copyright laws. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

• The collection, copying or distribution of any portion of the Site or the Site Materials;
• Any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
• Modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
• Scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
• With the exception of your own material, or others available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
• Any use of the Site or the Site Materials other than for their intended purposes.

In accordance with the Digital Millennium Copyright Act and other applicable law, HealingRadius has adopted a policy of terminating, in appropriate circumstances and at HealingRadius's sole discretion, account holders who are deemed to be repeat copyright infringers. HealingRadius may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Subscriber Terms of Service

These GENERAL TERMS OF SERVICE (“TOS”) are entered into as of the Effective Date by and between HEALINGRADIUS. ("HEALINGRADIUS," “WE”, “OUR” or “US”), a US corporation, and a business or individual ("SUBSCRIBER," “YOU” or “YOUR”). Hereafter, HEALINGRADIUS and SUBSCRIBER may be collectively referred to as the “PARTIES”.

BACKGROUND

• Terms used in these TOS beginning with initial capital letters are defined terms which shall have the meanings ascribed to them in Article 1 below or elsewhere in these TOS. Please refer to these definitions in reviewing these TOS.
• These TOS, together with certain supplemental or additional documents referenced in Section 1.11 below constitute the Contract between HEALINGRADIUS and SUBSCRIBER.
• HEALINGRADIUS provides products and services to support businesses in the alternative therapy industries. By using our products and services you are agreeing to our Terms of Service.
• HEALINGRADIUS provides standard software services that allow Subscribers to manage their business and End Users to schedule and purchase services from Subscribers. These standard software services can be customized or supplemented through optional enhancements in order to support each Subscriber’s specific business needs. All of the standard and optional software services are collectively referred to as the “Services”.
• The Services include Standard Services (as defined in Article 1 below) and Premium Services (as defined in Article 1 below). The Services and are provided through the HealingRadius website
• By agreeing to our Terms of Service you are also agreeing to our Privacy Policy and Security Policies.
• The HEALINGRADIUS Privacy Policy (“Privacy Policy”) is incorporated by reference into these TOS. The Privacy Policy covers OUR collection, use and disclosure of information obtained through our Digital Properties (defined in Article 1 below). In the event of a conflict between the terms of these TOS and the Privacy Policy, these TOS shall prevail.
• The HEALINGRADIUS Security Policy (“Security Policy”) is incorporated by reference into these TOS. The Security Policy describes the reasonable and appropriate security controls WE take to protect the Services, Associated Websites, and Subscriber Data against foreseeable hazards. The Security Policy also includes the Cardholder Data Recommended Practices, which outline the minimum security practices YOU should have in place to protect Cardholder Data.
• Use of the Website by any Person, whether a SUBSCRIBER or not, is subject to these TOS including the Privacy Policy and Security Policy. Failure to comply with the terms and conditions of these TOS may have legal consequences.
• By accessing, viewing or using all or any part of HEALINGRADIUS, whether by downloading any materials, or by completing any registration process, YOU are accepting the terms and conditions of these TOS.
• If YOU are executing these TOS on behalf of a corporation or other legal entity, YOU represent that YOU have the authority to bind such entity and its affiliates to these TOS, in which case the terms “SUBSCRIBER,” “YOU” or “YOUR” shall refer to such legal entity and its affiliates. If YOU do not have such authority YOU do not have the legal capacity or right to agree to these TOS and may not use any of OUR HEALINGRADIUS content.
• If you do not agree to any part of this contract, you will not be able to use our products and services.
• If YOU do not agree with these TOS, YOU will be deemed to have rejected the Contract, and YOU shall have no right to use any of the HEALINGRADIUS services.

Agreement

Having considered the above Preliminary Matters and mutual agreements below, the PARTIES hereby agree as follows:

Data Ownership and Use

HEALINGRADIUS will not be held liable for the integrity of your Subscriber Data. It is your responsibility to ensure that your Subscriber Data does not violate any laws. It is also up to you to notify HEALINGRADIUS of, and resolve, any disputes that may arise with third parties.

• Cardholder Data All right, title, and interest in each item of Cardholder Data shall be solely and exclusively owned by the End User who is personally identifiable from such item of Cardholder Data.
• Ownership, Maintenance and Use of Subscriber Data
  • SUBSCRIBER shall have sole ownership of all right, title, and interest in Subscriber Data, excluding Cardholder Data.
  • The Person who provides payment for the Purchased Services may or may not be the owner of Subscriber Data.
  • YOU shall be solely responsible for resolving any dispute over ownership of Subscriber Data between YOU and a third party. YOU agree that HEALINGRADIUS shall have no obligation to be involved in any such dispute. YOU further agree that WE have no responsibility to determine proper ownership of Subscriber Data. WE reserve the right to, at OUR sole discretion; restrict access to the Purchased Services until such ownership dispute is resolved.
  • YOU agree that it is YOUR sole responsibility to provide proper documentation to HEALINGRADIUS in order to resolve any dispute over ownership of Subscriber Data. If the documentation YOU provide is not satisfactory, under HEALINGRADIUS sole judgment, WE may request further documentation.
  • HEALINGRADIUS takes security seriously and fully backs our products and services as described in our Security Policy. We recommend that you also take precautions to protect yourself and your business.
  • YOU are solely responsible for YOUR operation of Purchased Services and maintenance of all information used in connection with the Services, including, but not limited to YOUR intellectual property and Subscriber Data. YOU shall have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of Subscriber Data. YOU warrant to HEALINGRADIUS that YOUR Subscriber Data does not violate applicable law or the rights of any third party.
• Disclosure of Security Breach
  • Following OUR discovery or notification of any breach of the security of the HEALINGRADIUS systems, WE shall disclose such breach to: (i) YOU if WE reasonably believe YOUR unencrypted Subscriber Data has been acquired by an unauthorized person and (ii) any End User whose End User Data WE reasonably believe has been acquired by an unauthorized person. Such disclosure shall be made expediently and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the breach and restore the reasonable integrity of HEALINGRADIUS systems.
  • All disclosures of security breaches shall be written in plain English and shall identify the types of unencrypted information that WE reasonably believe may have been acquired by an unauthorized person as a result of such breach. A breach disclosure shall include the estimated date of the breach, if it is possible to determine such information at the time the breach disclosure is issued. HEALINGRADIUS may communicate any breach disclosure electronically, subject to the terms and conditions of the Contract.

Services

We may make changes to our products and services to better serve your needs. If we do make changes, we’ll notify you.

• Operation, Maintenance, and Security of Purchased Services
  • WE will operate and maintain the Purchased Services. WE reserve the right to replace, modify, and/or upgrade any of the Purchased Services from time to time and at any time in OUR sole discretion. HEALINGRADIUS continuously improves the Purchased Services by regularly releasing updates which modify, improve, and update the Purchased Services. Any replacement, modification, or upgrade to the Purchased Services shall be treated as part of the Purchased Services for the purpose of the Contract.
  • WE will provide all equipment, software, and security services necessary for the operation and maintenance of OUR host computer system. WE reserve the right to change the configuration of OUR host computer system and change or delete equipment or software from time to time and at any time.
  • WE will provide sufficient bandwidth and processor capability to enable YOUR use of Purchased Services and End Users use of Public Services.

Payment

HEALINGRADIUS charges subscribers on a monthly basis. Nonpayment may result in us suspension or deactivation of your account.

• Payment Terms HEALINGRADIUS calculates and bills its charges and fees on a monthly basis. Commencing on the Effective Date and continuing on the same calendar day of the month as the Effective Date for each calendar month thereafter until the Termination Date, Subscriber shall pay HEALINGRADIUS, in advance, the Subscription Fees, plus any other amount(s) payable by Subscriber under the Contract for the upcoming Billing Period The Subscription Fees shall be prorated for any partial monthly period that occurs during the Subscription Term.
• Fees and Payment Options YOU shall provide to US by the Effective Date, valid, up-to-date and complete payment information which shall be provided via credit card, which must be in a format that is acceptable to US and include any other relevant, valid, up-to-date and complete contact and billing details. The following conditions shall apply to each payment option:
  • Changes in Fees WE reserve the right to change the amount of the the Subscription Fees if YOU wish to acquire and/or operate additional business units and/or locations in excess of those specified on the Order Acceptance. HEALINGRADIUS shall give YOU at least thirty (30) days advance written notice of any change in such fees.
  • Taxes OUR fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). YOU are responsible for paying all Taxes associated with YOUR purchases under the Contract. If WE have the legal obligation to pay or collect Taxes for which YOU are responsible under this Section 4.5, WE will invoice YOU for payment unless YOU provide a valid tax exemption certificate issued by the appropriate taxing authority. For clarity, it is understood that HEALINGRADIUS is solely responsible for all taxes assessable against HEALINGRADIUS based on its income, property and employees.

Intellectual Property

Using HEALINGRADIUS products and services does not give you ownership of our intellectual property. Everything HEALINGRADIUS creates belongs to HEALINGRADIUS.
If you misuse any of our property, we may suspend or terminate your contract and take legal action.

• HEALINGRADIUS Intellectual Property
  • The Contract does not provide YOU with title or ownership of any of the Digital Properties, the Compiled Data, or any components thereof, but only a right of limited use. HEALINGRADIUS shall have sole and exclusive ownership of all right, title, interest, copyright, and other intellectual property rights in and to:
    • The Compiled Data and any portion thereof;
    • The Services (including but not limited to any code, images, photographs, animations, video, audio, music, text, and applets that WE provide);
    • The Associated Websites (including but not limited to any code, images, photographs, animations, video, audio, music, text, and applets that WE provide);
    • The Mobile Applications (including but not limited to any code, images, photographs, animations, video, audio, music, text, and applets that WE provide);
    • All derivatives, modifications, and enhancements of such intellectual property (including ownership of all patents, trade secrets, trademarks and copyrights pertaining thereto), subject only to the rights and privileges.
  • HEALINGRADIUS, the HEALINGRADIUS mark, the HEALINGRADIUS logo, the HEALINGRADIUS ONLINE url, and the names, logos and icons of all of OUR Digital Properties are trademarks or registered trademarks of HEALINGRADIUS in the U.S. and/or other countries. No part of the Contract, the Digital Properties, or any content on the Digital Properties may be copied for any purpose without the express written permission of HEALINGRADIUS.
• SUBSCRIBER’s Intellectual Property YOU assume sole responsibility for the protection of any patents, copyrights, trade secrets, trademarks, service marks, trade names and other intellectual property wholly or partially owned by YOU or which YOU are authorized to use or display.
• Use of SUBSCRIBER’s Trademarks YOU hereby grant US authorization to list YOU as a HEALINGRADIUS Subscriber, and include YOUR name and trademarks in the Public Services, OUR public directories, the Associated Sites, and the Mobile Applications. WE will, however, provide YOU with the ability to remove YOUR name, information, and trademark from public display at any time. If WE receive notice or documentation demonstrating that another person or entity contests YOUR right to use or display a name, trademark, service mark, or other content, WE may, at OUR sole discretion, discontinue listing YOU in OUR public directories and OUR Digital Properties without liability to YOU until such time as YOU have resolved any such dispute to OUR satisfaction.
• Third Party Intellectual Property Other trademarks and logos used in connection with HEALINGRADIUS may be the trademarks or registered trademarks of their respective owners. These TOS and applicable Addenda do not grant YOU any right or license with respect to any such trademarks or logos. All trademarks used within HEALINGRADIUS are property of their respective owners in the U.S. and other countries.
• Repeat Infringer Policy YOUR use of infringing content in connection with HEALINGRADIUS shall constitute a breach of the Contract. WE may, in appropriate circumstances and in OUR sole discretion, remove, suspend, terminate access or take other appropriate action against HEALINGRADIUS Subscribers who infringe the intellectual property or other rights of others on a single occasion. WE have a policy which, in appropriate circumstances and in OUR sole discretion, provides for the termination of HEALINGRADIUS Subscribers who repeatedly infringe upon the intellectual property or other rights of others. HEALINGRADIUS Subscribers who repeatedly infringe are those for whom WE have received more than two valid notices of infringement, absent exceptional circumstances.

Licensing Matters

HEALINGRADIUS provides products and services to help businesses meet their goals. If this relationship is abused in any way or repeatedly, we reserve the right to cancel your subscription and take legal action to protect our interests.

• End Users’ License On the condition that an End User complies with all of the terms and conditions of the Contract and subject to all the terms and conditions of the Contract, WE grant such End User a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access, use, display, and run the Public Services through a generally available web browser, mobile device, or HEALINGRADIUS authorized application (but not through scraping, spidering, crawling or any other technology or software used to access data without the express written consent of HEALINGRADIUS) to schedule classes, make purchases, and for any other use that HEALINGRADIUS currently makes available or may make available in the future through the Public Services.
• Limitation on Rights Granted HEALINGRADIUS reserves all rights not expressly granted in these TOS, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in OUR Digital Properties and all related items, including any and all copies made of the Digital Properties.
• Restrictions SUBSCRIBER shall not, in whole or in part, directly or indirectly:
  • Reverse engineer, disassemble, decompile, translate, reproduce, modify, alter, or otherwise attempt to access or derive the source code or the underlying ideas, algorithms, structure, or organization of the Digital Properties or reduce the Digital Properties to a human-perceivable format;
  • Remove any copyright notices, logos, identification, or any other proprietary notices from the Digital Properties;
  • Make any change to the Digital Properties or create any derivative works thereof; or
  • Publish, sell, rent, lease, sublicense, transfer, transmit, resell, or distribute the Digital Properties or any part thereof.

Confidentiality

HEALINGRADIUS subscriber data is confidential information and not to be shared with anyone unless there is a legitimate reason to do so (i.e., they are a HEALINGRADIUS employee, a subpoena, etc.).

• Confidential Information For the purposes of the Contract, “Confidential Information” shall include the Services, the Subscriber Private Data, and any accompanying or related documentation. Confidential Information does not include information which is:
  • Independently developed by the receiving party without the use of Confidential Information;
  • Rightfully obtained by the receiving party from a third party without restriction;
  • Publicly known at the time of disclosure or which becomes publicly known thereafter by any means other than through the fault or negligence of the receiving party;
  • Disclosed without restriction by the disclosing party to anyone, including the U.S. Government as supported by written records;
  • Known to the receiving party at the time of disclosure, as supported by competent proof; or
  • End User Data that is requested by an End User, Employer, or Employee Benefit Manager

Protection of Confidential Information

• During the term of the Contract and for a period of five (5) years after its termination or expiration, the PARTIES agree they shall not disclose any of the Confidential Information in any manner whatsoever, except as provided in Sections 7.2.c. and 7.2.d. below, and shall hold and maintain the Confidential Information in strictest confidence.
• A party may disclose Confidential Information to such party's directors, officers, employees, agents and financial, legal, other advisors and affiliates (collectively, “Representatives”) with a bona fide need to know such Confidential Information, but only to the extent necessary to evaluate or carry out the terms of the Contract and only if such Representatives are advised of the confidential nature of such Confidential Information and the terms of the Contract and are bound by a written agreement or by a legally enforceable code of professional responsibility to protect the confidentiality of such Confidential Information.
• A party may disclose Confidential Information to the extent that such disclosure is required by court order, provided that such party provides the other party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
• The Confidential Information is being disclosed by the PARTIES solely for the purpose stated herein. The PARTIES specifically agree not to use the Confidential Information for any other purpose.

Interoperability Requirements

You are responsible for maintaining your services and devices (i.e., internet, computers, etc.) and for meeting the technical requirements for using our software.

YOUR Responsibilities

• YOU shall maintain the functional operation of all of YOUR mobile devices, workstations, networks, and Internet connections necessary to ensure proper operation of the Purchased Services, including installation and operation of any associated operating system and web browser according to applicable manufacturer specifications and recommendations.
• Prior to contacting HEALINGRADIUS concerning connectivity problems, YOU shall verify that YOU are able to properly connect to the Internet by verifying navigation through common websites such as www.google.com, and YOU shall verify that YOU are running an up-to-date version of Internet Explorer, Mozilla Firefox or Safari.

Limited Warranty.

Purchased Services Warranty

• Our server inventory will be expanded as required to accommodate YOUR progressive data expansion. OUR hardware expansion will keep up with YOUR needs so that OUR website performance will not be slowed by either YOUR data expansion or the addition of new HEALINGRADIUS Subscribers.
• YOU shall not receive any credit or refund under in connection with any failure or deficiency caused by or associated with any of the following:
  • Circumstances beyond OUR reasonable control, including, but not limited to, war, sabotage, terrorism, armed conflict, embargo, fire, flood, earthquake, labor disputes or strikes, power outage, Internet virus, or denial of service attacks;
  • Major telecommunications or Internet failure outside of OUR control;
  • YOUR acts or omissions, those of YOUR employees, or those of YOUR Representatives, including but without limitation to, custom scripting or coding, any negligence, willful misconduct, or use of the Purchased Services outside the scope of the Contract; and

Limitation of Liability

HEALINGRADIUS will not be held liable for any damages or loss of information caused by you or a third party.

• LIMITED LIABILITY FOR CARDHOLDER DATA
  • HEALINGRADIUS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY OUR SERVER(S). THE EXCLUDED DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
  • HEALINGRADIUS expressly disclaims any and all liability resulting directly or indirectly from YOUR or End Users’ handling of Cardholder Data. WE strongly recommend that YOU follow the requirements of the PCI DSS when handling Cardholder Data. In connection with YOUR use of the Purchased Services, YOU shall follow the Cardholder Data Recommended Practices.

• LIMITATION OF HEALINGRADIUS’S LIABILITY THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOES NOT ALLOW ANY SUCH EXCLUSION OR LIMITATION.
• IN NO EVENT SHALL HEALINGRADIUS BE LIABLE FOR ANY CLAIM ASSERTED AGAINST YOU BY ANY THIRD PARTY, EVEN IF HEALINGRADIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.
• YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ASSERTED AGAINST HEALINGRADIUS SHALL BE TO RECOVER DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING SUCH CLAIM.
• YOU AGREE THAT IN NO EVENT SHALL HEALINGRADIUS BE LIABLE TO YOU FOR ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF FORM OR THEORY OF LIABILITY, EVEN IF HEALINGRADIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE FIRST TO OCCUR OF:
  • THE TERMINATION OR EXPIRATION OF THE CONTRACT; OR
  • THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.
  • THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY EVEN IF THE REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE OR DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO ANY CAUSE OF ACTION RELATED TO THE CONTRACT, INCLUDING, WITHOUT LIMTIATION, DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; STRICT LIABILITY; NEGLIGENCE; MISREPRESENTATION OR OMISSION; TRESPASS; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.

Indemnity

If a third party breaches our security, your business will not be held accountable. If you violate anyone's rights (i.e., our clients, your clients, etc.), misuse confidential data or just flat out break the law—HEALINGRADIUS will not be held accountable.

• Indemnification by SUBSCRIBER YOU agree to indemnify, defend, and hold HEALINGRADIUS, its subsidiaries, and Representatives harmless from and against any and all claims, charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) based upon, arising out of, or otherwise related to:
  • YOUR violation of the rights of a third party, including infringement by YOU of any intellectual property or other property rights of any such third party;
  • Access to, use, or misuse of any part of OUR Digital Properties, the Subscriber Data, and/or the Cardholder Data by YOU or YOUR Representatives;
  • YOUR or YOUR Representatives’ failure to comply with any applicable privacy law and/or any other applicable law or regulation;
  • Any ownership dispute between YOU and a third party; and/or
  • Any dispute or conflict of ownership between constituent members or owners of SUBSCRIBER with regard to ownership of intellectual property and/or equity interests in the legal entity that constitutes SUBSCRIBER.

• Indemnification by HEALINGRADIUS WE agree to indemnify, defend, and hold YOU, YOUR subsidiaries, affiliates, and Representatives harmless from and against any and all claims, charges, damages, and expenses (including, but not limited to, reasonable attorneys' fees and costs) based upon, arising out of, or otherwise related to:
  • Any breach by US of the Privacy Policy materially affecting YOUR Subscriber Data;
  • Any breach by US of the Security Policy materially affecting YOUR Subscriber Data;
  • Any infringement by US of a third party’s intellectual property rights; or
  • HEALINGRADIUS storage and protection of Cardholder Data, provided:
    • Such Cardholder Data has been properly entered into the encrypted fields provided in the Services in accordance with the PCI DSS; and
    • Such Cardholder Data is encrypted and received by HEALINGRADIUS server(s).

Cancellation and Refund Policy

If for any reason our services do not meet your needs, let us know within 30 days of your purchase and we will issue you a refund.

• You are solely responsible for properly cancelling your account. Users must fill out the cancel subscription form to end their subscription. Email or phone cancellations are not valid methods of unsubscribing from the Service.
• HealingRadius does not accept any liability for loss of content due to account cancellation.
• If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will be charged the prorated amount for the days you used the Service.

Term and Termination

You can submit a request to end your subscription at any time, for any reason. If you cancel, all fees owed will be immediately due.

• Term The term of the Contract commences on the Effective Date and shall continue on a month to month basis until terminated by either party.
• Termination The date on which the Contract is terminated shall be the “Termination Date.”
• Termination for Cause In the event of a breach or default of the Contract by YOU, WE shall have the right to immediately terminate the Contract without notice. In the event of any breach or default of the Contract by HEALINGRADIUS, YOU shall have the right to terminate the Contract by giving thirty (30) days written notice to US; provided, however, that WE shall have the right to cure said reason for the termination during the thirty (30) day notice period. In the event WE cure the breach, the Contract shall remain in full force and effect. YOU will not have the right to cancel any portion of the Contract and/or receive a refund pursuant to Article 12 above if YOU breach the Contract.

General Terms and Conditions

Using our products and services does not infer a partnership or joint venture between HEALINGRADIUS and you or your business.

• Disclaimer SUBSCRIBER understands and agrees that HEALING RADIUS provides references to various personal services provided by third parties. HEALINGRADIUS does not evaluate, and is not responsible for, any services provided by any third party. NOTHING IN THIS AGREEMENT SHALL RESULT IN HEALINGRADIUS BEING LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM A REFERRAL TO ANY THIRD PARTY SERVICE PROVIDER.
• Assignment and Assumption YOU may not assign or delegate any right or obligation under the Contract without OUR prior written consent, which WE may withhold at OUR sole discretion. WE may require any proposed assignee of the Contract to enter into a new written agreement with US. WE may assign or delegate any of OUR rights or obligations under the Contract to any Person or entity, and thereafter be relieved of all liability hereunder.
• Severability and Construction If any provision of the Contract shall be held by a court, arbitrator, or other tribunal of competent jurisdiction to be unenforceable, the other portions of the Contract shall remain in full force and effect. The Contract shall be interpreted without regard to any presumption or rule requiring construction against the party that caused the Contract to be drafted. Within these TOS, except where the context clearly otherwise requires, the singular shall include the plural and vice versa, and the words “include”, “includes” and “including” are deemed to be followed by the phrase “but not limited to”, “without limitation” or words of similar import.

• Notices
  • All notices, requests, demands, and other communications shall be validly given if delivered in person, by facsimile transmission, by electronic mail, or by registered or certified mail addressed to the other party at the address provided in the Subscriber Order or in the signature block of these TOS, unless such party has notified the other party of a substitute contact information in writing.
  • Notices delivered in person or sent via facsimile or electronic mail during normal business hours shall be deemed to be received on the same date. Notices forwarded by registered or certified mail shall be deemed to be delivered three (3) days after such notice was mailed.
  • Relationship The PARTIES will be doing business at their own risk and for their own profit. Nothing in the Contract shall constitute a joint venture, partnership, or agency relationship between SUBSCRIBER and HEALINGRADIUS or authorize either party to make any representation on behalf of or in any way to bind the other party to any obligation of any kind, express or implied, to any third party, or to incur any liability on behalf of the other party.
  • No Informal Waivers The failure of either party to exercise any right or enforce any provision of the Contract, at any time or for any period of time, shall not be construed to be a waiver of that right or provision, or of the right of such party thereafter to enforce that right or provision.
  • No Third Party Beneficiary The benefits and protections provided by the Contract shall inure solely to the benefit of the PARTIES. The Contract shall not be deemed to create any right in any Person or entity who is not a party to the Contract and shall not be construed in any respect to be a contract, in whole or in part, for the benefit of any third party.
  • Entire Agreement PARTIES agree that the Contract constitutes the entire agreement between SUBSCRIBER and HEALINGRADIUS relating to the Services and supersedes all previous representations, understandings, and agreements, whether oral or written, or whether established by custom, practice, policy, or precedent, between the parties with respect to the subject matter of the Contract. The Contract shall not be modified except by the PARTIES’ written agreement, or by a change to the Contract made as authorized in the Contract.