TERMS OF USE


Welcome to our website, www.holisticguidance.com (the “Website”). We appreciate your interest in our business.

Please take a few moments to review these Terms of Use. By using our Website you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to comply with and be bound by these Terms of Use, please do not use our Website.

Modification of These Terms of Use
This Website is owned by Holistic Guidance, LLC (“Holistic Guidance”). Holistic Guidance reserves the right, at its sole discretion, to update or modify these Terms of Use at any time and from time to time without prior notice. Any such modifications will become effective immediately upon posting. We suggest that you review these Terms of Use whenever you use the Website to keep yourself apprised of any changes.

Intellectual Property
This Website contains information, data, software, photographs, pictures, logos, icons, videos, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, service marks, trade dress and other intellectual property rights. Unless otherwise noted on this Website, all right, title and interest (including all copyrights, trademarks, service marks, trade dress and other intellectual property rights) in and to the Content is owned by Holistic Guidance or other parties who have licensed their material to Holistic Guidance. Unless other specific restrictions are noted on the Content, you may use the Content solely for your personal, non commercial use and may download, print or make copies of insignificant portions of the Content solely for your personal, non commercial use, so long as you maintain and do not remove or obscure any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title or interest in any downloaded printed or copied materials is transferred to you as a result of any such downloading, printing or copying. Except as provided in this paragraph or as permitted by the fair use privilege under the U.S. copyright laws, you may not copy, download, upload, post, transmit, reproduce, republish, modify, distribute or create derivative works from any Content in any form without the express prior written consent of Holistic Guidance.

License & Site Access
Holistic Guidance grants you a limited, non-exclusive, non-assignable and
non-transferable license to access and make personal use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, without the express prior written consent of Holistic Guidance. This license also grants you a limited, revocable, and non-exclusive right to create a hyperlink to the Website so long as the link does not portray Holistic Guidance, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Holistic Guidance logo or other proprietary graphic or trademark as part of the link without the express written permission of Holistic Guidance. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you terminates the permission of the license granted by Holistic Guidance to you.

Specified copy on the Website may be covered under the terms of the Creative Commons Attribution ShareAlike License [Provide Link]. Such specified copy will be identified, with a link to the license provided. If Website copy is not specifically identified as being covered under the terms of the Creative Commons Attribution ShareAlike License, it is covered by the license terms described above.

User Content
Please choose carefully the words, information, content, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, publish or display on the Website and any such content that you provide or make available to other users (collectively, “User Content”). You are solely responsible for all of your User Content, as set forth below. Additionally, you are responsible for understanding the limitations of other users’ User Content, as set forth below. Holistic Guidance takes no responsibility and assumes no liability whatsoever for any User Content.

User Content may not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Any photographs, images or videos posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually suggestive or explicit or otherwise objectionable subject matter. You agree to exercise caution in posting User Content, including any sensitive personal information, particularly in connection with persons under 18 years of age. Without limitation, you will not post any information that would allow anyone to directly contact someone under 18 years of age. You may not use a false email address, impersonate any person or entity, or otherwise mislead other users as to the origin of any User Content. You further agree not to use an inappropriate member name of any kind.

By submitting User Content to Holistic Guidance, you hereby grant Holistic Guidance a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, syndicate, modify, display, and perform the User Content in connection with the Website, including without limitation for promoting part or all of the Website (and derivative works thereof) in any media formats and through any media channels, without compensation to you. You represent and warrant that you own or otherwise control all of the rights to any User Content you submit or post on or to the Website or otherwise transmit to Holistic Guidance. You agree that you are and shall at all times remain solely responsible for the content of any User Content submitted by you. You also agree that you will not submit anything to this Website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

You grant Holistic Guidance the right to use the name that you submit in connection with such User Content. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and Holistic Guidance’s use of it.

You understand that all User Content, regardless of how it may be marked, will not be treated by us as confidential and will not be subject to any express or implied obligations of confidentiality. Neither Holistic Guidance, nor its officers, members, agents or employees will be liable for any use or disclosure of any User Content.

Information or User Content may contain material, products or services that you find to be inaccurate, inappropriate or offensive. Holistic Guidance has the right but not the obligation to remove or edit this material and assumes no responsibility or liability for it.

Conduct
a) You agree to abide by the Terms of Use and to not use the Website to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Website; (ii) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (iii) collect or store personal data about other users; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other user without their prior explicit consent.

b) Without limiting other remedies, Holistic Guidance may immediately warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Website to you if: (i) you breach the Terms of Use or the documents it incorporates by reference; (ii) Holistic Guidance is unable to verify or authenticate any information you provide to us; or (iii) Holistic Guidance believes that your actions may cause financial loss or legal liability for you, us or our users. Your membership will be terminated and you will be denied access to the Website if you breach the Terms of Use or any other agreement between you and Holistic Guidance.

c) You are solely responsible for your interactions with other users of the Website. Holistic Guidance reserves the right, but has no obligation, to monitor disputes between you and other users.

Account
a) You must be 18 years or older to use, subscribe or open an account on this Website. If you are under 18 years of age, you may not use this Website. Your membership or access to the Website may be deleted or blocked without warning if it is found that you are misrepresenting your age.

b) Your membership is solely for your personal use, and you will not authorize others to use your account. You are responsible for maintaining the confidentiality of the password and account and all activities that occur under your password or account.

c) Only one account may be created per user. Multiple account creation for a single user is strictly prohibited.

d) You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Membership Data”) and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not do so, or Holistic Guidance has reasonable grounds to suspect that you have not done so, Holistic Guidance has the right to suspend or terminate your account and refuse any and all current or future use of the Website. Membership Data and certain other information about you is subject to our privacy policy:

e) You understand that any illegal and/or unauthorized use of any aspect of the Website, including unauthorized access to usernames, passwords, email addresses or using or copying User Content by electronic or other means for any purpose, including the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, will be investigated. Unauthorized or inappropriate commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of membership privileges. Holistic Guidance will take appropriate legal action for any illegal or unauthorized use of the Website.

f) You agree to: (i) immediately notify Holistic Guidance of any unauthorized use of your password or account, unauthorized access to your User Pages, or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Holistic Guidance cannot and will not be liable for any loss or damage arising from unauthorized use of your account or your failure to comply with all terms of this provision.


Third Party Websites
Holistic Guidance is not responsible for any third-party content, syndicated content, applications, services, advertisements, and/or links that may be contained on the Website. This Website provides links to third party websites for your convenience. A link to a third party website does not constitute sponsorship, endorsement or approval of such third party sites. Third party websites are not under Holistic Guidance’s control and Holistic Guidance is not responsible or liable for and does not warrant the contents of, technology implemented by, or privacy practices of any such linked websites. Accordingly, be aware when you leave the Website and review the privacy policy and terms of use any third party website to make sure they are acceptable to you prior to your use.

Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Website, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Holistic Guidance will not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third party content or User Content on the Website or as a result of the failure of such third party services, applications, or content to function as intended.

Inaccuracy Disclaimer
From time to time there may be information on our Website that contains typographical errors or other inaccuracies. Holistic Guidance reserves the right to correct any errors or other inaccuracies and to otherwise change or update information at any time and from time to time without prior notice.

Disclaimer of Warranties
YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, EVENTS, AND PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOLISTIC GUIDANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEITHER HOLISTIC GUIDANCE NOR ITS OFFICERS, MEMBERS, AGENTS OR EMPLOYEES WARRANT THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, RELIABLE OR SECURE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS)WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT HOLISTIC GUIDANCE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE WEBSITE. THE WEBSITE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE WEBSITE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEBSITE, ARE ENGAGED IN RENDERING MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.

HOLISTIC GUIDANCE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE WEBSITE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY HOLISTIC GUIDANCE OR ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE ANY WARRANTY.

HOLISTIC GUIDANCE MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.

HOLISTIC GUIDANCE IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE WEBSITE. HOLISTIC GUIDANCE MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH HOLISTIC GUIDANCE MAY PROVIDE LINKS. YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST HOLISTIC GUIDANCE WITH RESPECT TO SUCH SITES.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, HOLISTIC GUIDANCE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. HOLISTIC GUIDANCE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE WEBSITE, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY HOLISTIC GUIDANCE AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE WEBSITE, YOU WAIVE ANY CLAIMS AGAINST HOLISTIC GUIDANCE FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HOLISTIC GUIDANCE OR ANY OF ITS OFFICERS, MEMBERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) INCURRED BY YOU, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, ITS CONTENT OR ITS FEATURES (OR THE INABILITY TO USE THE SAME), INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY CLAIM ATTRIBUTABLE TO MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR OTHER FAILURE OR INACCURACIES IN CONTENT APPEARING ON THE WEBSITE, WHETHER SUFFERED BY YOU OR ANY PARTY CLAIMING RIGHTS DERIVED FROM YOU, EVEN IF HOLISTIC GUIDANCE WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND REGARDLESS OF ANY NEGLIGENCE OF HOLISTIC GUIDANCE OR ANY OF ITS OFFICERS, MEMBERS, AGENTS OR EMPLOYEES.

Indemnity
You agree to indemnify, defend and hold harmless Holistic Guidance and its officers, members, agents or employees, from and against any and all liability, claims, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, incurred by Holistic Guidance as a result of or in connection with your use of this Website in violation or breach of these Terms of Use, including any claims that User Content misappropriates or infringes upon the rights of any third party.

Jurisdiction
Use of this Website and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without giving any effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Connecticut. You hereby irrevocable consent to personal jurisdiction in the State of Connecticut and by your use of this Website voluntarily submit to the exclusive jurisdiction of the federal and state courts located in such state in any action or proceeding with respect to this Website and to service of process by certified mail at the last known address provided in connection with your use of the Website.

Notice
Except as explicitly stated otherwise, any notices to Holistic Guidance must be sent by certified mail, return receipt requested, to Holistic Guidance: 28 Washington Street, Mystic, CT 06355

Copyright Infringement
Holistic Guidance respects the intellectual property of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by Holistic Guidance, please provide Holistic Guidance’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and email address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to the Holistic Guidance at:

28 Washington Street
Mystic, CT 06355

Please note that this procedure is exclusively for notifying Holistic Guidance and its affiliates that your copyrighted material has been infringed.

General

a) These Terms of Use along with the Privacy Policy and any additional terms, rules or regulations posted on the Website constitute the entire agreement between you and Holistic Guidance and govern your use of the Website, superseding any prior agreements between you and Holistic Guidance. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or thirdparty software.

b) The failure of Holistic Guidance to exercise or enforce any right or provision of this Terms of Use does not constitute a waiver of such right or provision.

c) If any provision of these Terms of Use 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 of Use remain in full force and effect.

d) The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.