Terms and Conditions of Use
The Natural StressCare site
1. Acceptance of Terms
The Natural Stresscare Community and Duane Law, L.Ac. (referred to hereafter as “The Provider”) provides a collection of online resources, including various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by Natural Stresscare from time to time. Natural Stresscare will provide notice of materially significant changes to the Terms by posting notice on the site. By using the Community in any way, you are agreeing to comply with these Terms. In addition, when using particular Natural Stresscare services, you agree to abide by any applicable posted guidelines for all such services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Natural Stresscare.org in any way, your only recourse is to immediately discontinue use of the Natural Stresscare site.
2. Non-Provision of Medical or Therapeutic Advice or Prescription
You understand that any and all advice, recommendations or other suggestions offered by either the Natural Stresscare website, Provider or anyone who posts a message on this site is not a diagnosis or prescription. You acknowledge that you understand that it is impossible to diagnose or prescribe for any individual condition or problem through e-mail or on a website. You agree to hold harmless Natural Stresscare, Provider or anyone who posts on this website if you decide to make use of and/or apply any of the knowledge, ideas or suggestions contained within or offered by users of the Natural Stresscare website or Service, and that your use of such knowledge, ideas or suggestions is entirely at your own risk and not at the direction of Natural StressCare, Provider or any other User of the Service.
3. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that the Provider does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Natural Stresscare site and Content available through the Service may contain links to other websites, which are completely independent of Natural Stresscare and Provider. Natural Stresscare and Provider make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Provider or Natural Stresscare be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Natural Stresscare and Provider do not pre-screen or approve Content, but that Provider shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. Privacy and Information Disclosure
It is strongly suggested that you utilize the privacy protection features of our Community section in order to protect your identity. If you choose to reveal your real name you agree to waive all privacy rights you may have under HIPPA or other applicable laws.
Natural Stresscare and Provider agree that we will not use your e-mail address, IP address or other user information for any purpose unless you elect to allow us to e-mail you updates according to the opt-in feature on the Community Registration page.
5. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Natural Stresscare employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation either on the Natural Stresscare site or emailed to Natural Stresscare site users who have requested not to be contacted about other services, products or commercial interests.
- that includes links to commercial services or web sites
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; and
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harrass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to Provider’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Natural Stresscare website.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Natural Stresscare email addresses or through Natural Stresscare or Provider’s computer systems, which is expressly prohibited by these Terms. Any unauthorized use of Natural Stresscare or Provider’s computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. Limitations on Service
You acknowledge that Natural Stresscare and Provider may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Natural Stresscare and/or Provider has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Natural Stresscare and/or Provider reserve the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Natural Stresscare and/or Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Access to the Service
Natural Stresscare and/or Provider grant you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except for your own Content), without the express written consent of Natural Stresscare and/or Provider. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Natural Stresscare and/or Provider. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
9. Termination of service
You agree that Natural Stresscare and/or Provider, in their sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Natural Stresscare and/or Provider believe that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Natural Stresscare and/or Provider shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE NATURAL STRESSCARE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE NATURAL STRESSCARE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NATURAL STRESSCARE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NATURAL STRESSCARE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NATURAL STRESSCARE DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR GOODS MENTIONED ON THE NATURAL STRESSCARE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NATURAL STRESSCARE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NATURAL STRESSCARE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NATURAL STRESSCARE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL NATURAL STRESSCARE AND/OR PROVIDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NATURAL STRESSCARE AND/OR PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NATURAL STRESSCARE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NATURAL STRESSCARE SITE OR THE SERVICE, FROM INABILITY TO USE THE NATURAL STRESSCARE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NATURAL STRESSCARE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NATURAL STRESSCARE SITE OR THE SERVICE OR ANY LINKS ON THE NATURAL STRESSCARE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NATURAL STRESSCARE SITE OR THE SERVICE OR ANY LINKS ON THE NATURAL STRESSCARE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
12. Indemnity
You agree to indemnify and hold Natural Stresscare, Provider, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. General information
The Terms constitute the entire agreement between you and Natural Stresscare and Provider and govern your use of the Service, superceding any prior agreements between you and Natural Stresscare and Provider. The Terms and the relationship between you and Natural Stresscare and Provider t shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Natural Stresscare and Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Natural Stresscare and/or Provider to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.