TERMS AND CONDITIONS OF USE
Agreement
This Terms of Use agreement ("Agreement") specifies the terms and conditions governing your access to and use of the Holistic Life Studios website (the "Site"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
Holistic Life Studios reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Privacy
Your visit to our Site is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy to understand our practices regarding your personal information.
Ownership
All content included on this Site, including but not limited to text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is and shall continue to be the property of Holistic Life Studios or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content from the Site without the prior written consent of Holistic Life Studios.
Intended Audience
This Site is intended for use by individuals who are at least 18 years of age and who can form legally binding contracts under applicable law. If you are under 18 years of age, you may use the Site only with the involvement and consent of a parent or guardian.
Trademarks
Holistic Life Studios, the Holistic Life Studios logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Holistic Life Studios or its affiliates. You may not use such marks without the prior written permission of Holistic Life Studios.
Site Use
You may use the Site for lawful purposes only and in accordance with this Agreement. You agree not to:
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
Use the Site to transmit or send unsolicited commercial communications
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent
Use any device, software, or routine that interferes with the proper working of the Site
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and any Content therein. You shall be solely responsible for ensuring that your use of the Site and Content complies with applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Holistic Life Studios, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
Disclaimer
The information on this Site is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Holistic Life Studios does not warrant that the Site or its content will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
Holistic Life Studios makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Content, services, software, text, graphics, links, or communications provided on or through the use of the Site.
Limitation of Liability
In no event shall Holistic Life Studios, its officers, directors, employees, agents, licensors, or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Holistic Life Studios has been advised of the possibility of damages.
If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
Use of Information
Holistic Life Studios reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Copyrights and Copyright Agent
If you believe that any Content on the Site violates your copyright, please notify our Copyright Agent for notice of claims of copyright infringement. Holistic Life Studios respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on the Site
Your address, telephone number, and e-mail address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: [Holistic Life Studios, Address, Virginia]
By Phone: [Phone Number]
By E-mail: [E-mail Address]
Applicable Law
This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. Any action seeking legal or equitable relief arising out of or relating to the Site shall be brought only in the courts of the Commonwealth of Virginia or the United States District Court for the district encompassing the principal place of business of Holistic Life Studios.
Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Waiver
The failure of Holistic Life Studios to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Termination
Holistic Life Studios may terminate this Agreement at any time, with or without cause, and with or without notice. After termination, you will no longer have access to the Site. If you wish to terminate this Agreement, you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Holistic Life Studios with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Holistic Life Studios with respect to the Site.
Contact Information
If you have any questions regarding these Terms of Use, please contact us at:
Holistic Life Studios
1011 E. Main Street Suite 310
Richmond, Va 23219
804-877-1945
[email protected]