Heal in Color Web Site Terms and Conditions (“Terms”)

PLEASE READ THE FOLLOWING TERMS CAREFULLY before using Heal in Color’s (“HEAL”, “our” or “we”) web site, HealinColor.com, and its features, services and/or programs offered by HEAL (collectively, the “Web Site”). By visiting or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at our sole discretion of HEAL. If you do not agree to any portion of these Terms, you should not visit or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.

 

Terms related to visiting the site and Online Account Access to your account with HEAL (“Account”) is set forth in Paragraph 3 herein.

  1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF Terms.

By merely providing access to the Web Site, HEAL does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) HEAL has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or Postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state where HEAL maintains your Account, or, if HEAL transfers your Account to another location, where HEAL currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13.

  1. WEB SITE USE AND CONTENT.

HEAL provides a number of services for users on the Web Site, including but not limited to: information regarding mental health, an online directory of wellness service providers (“Healers”), and other like information. You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of HEAL. At any time, we may, without further notice, make changes to HEAL memberships, prices, or the Web Site (collectively “Services”), and/or these Terms.

 

  1. PRODUCTS.

Certain products may be made available exclusively online through the website. These products may have limited quantities and are subject to return or exchange according posted return policy. We will make every effort to display as accurately as possible the colors and images of products made available for purchase. We cannot guarantee that your device’s display of any color will be accurate. We may limit the sales of our products to any person, geographic region or jurisdiction, on a case-by-case basis. Descriptions of products are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. We do not warrant that the quality of any products, or other material purchased or obtained by you will meet your expectations.

  1. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

The following definitions govern the terms of this Paragraph 4 and as used elsewhere in these Terms:

  • Business Day means every day except Saturdays and Sundays and federal holidays.
  • Payee means HEAL or its subsidiary to which you direct a payment.
  • Payment Instructions means the information provided by you for a bill payment to be made to Payee.
  • Payment Due Date means the “Due Date” set by HEAL for your most current bill.
  • Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been processed.
  • ONLINE ACCOUNT ACCESS.

HEAL uses, and may in the future use, several different security methods to protect your User Account information. For certain types of features available through the Web Site, including the commenting and Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.HealinColor.com. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. A User may only establish one User Account over the lifetime of the Web Site. It is your responsibility to notify HEAL if an Authorized User should no longer be given access to an Account through the Online Service.

  • SECURITY, USER ACCOUNT AND PASSWORD.

We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify HEAL of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by email at info@healincolor.com. You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

  • RELIANCE BY HEAL.

You authorize HEAL to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your User Account, even if the person exceeds your authorization. You agree that HEAL may comply with the Payment Instructions entered by any person using your UserID and Password.

  • ELECTRONIC COMMUNICATION.
  • Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address which will be utilized by HEAL for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with HEAL. HEAL will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from HEAL, do not respond to the email and notify HEAL by forwarding the email to info@HealinColor.com
  • Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your User Account. You also agree that HEAL may respond to any communication you send to HEAL with an electronic communication, regardless of whether your original communication with HEAL was an electronic communication. Any electronic communication HEAL sends to you will be considered received within 1 calendar day of the date such communication is sent by computer servers utilized by HEAL to the email address you designate in your User Account profile. To the extent permissible under Applicable Law, any electronic communication you send to HEAL will not be effective until HEAL has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with HEAL immediately and, in no event, should your sole method of communication with HEAL regarding any emergency be by electronic communication. HEAL strongly suggests that you report all matters requiring immediate attention to HEAL by by email to info@HealinColor.com.
    1. Services. HEAL charges Healers a fee for membership to the Web Site. This fee is non-refundable and charged in advance of the service period. The fee will be charged every billing period unless the Healer’s membership is cancelled 3 days prior to the Due Date. No pro-rated refunds will be given to Healers who cancel before the end of their subscription term. You authorize HEAL to charge your submitted payment source so that the funds arrive as close as reasonably possible to the payment Due Date. HEAL may change the fee amount at any time.
    2. Products. You authorize HEAL to charge your designated payment method the listed amount, plus any applicable tax, fees, and shipping costs for items which you, your Authorized User, or any individual whom you have granted express or implied permission to use your payment method, authorizes payment.
  • CANCELLING/MODIFYING PENDING BILL PAYMENTS.

The delete/edit function applies to payments initiated through the Online Service that are pending. There is no charge for cancelling or modifying a Pending Bill Payment. In most circumstances, you may stop a Pending Bill Payment 3 business days before the Payment Due Date. Other than as described above, you may not stop or edit a bill payment.

  • DISCLOSURE OF ACCOUNT INFORMATION.

HEAL will not disclose any information to third parties about you, except in the situations described below or as otherwise set forth in HEAL’s Privacy Policy located at [www.HealinColor.com/privacy]. We will disclose such information:

  • where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
  • to persons authorized by law in the course of their official duties;
  • to comply with a government agency or court order, such as a lawful subpoena;
  • to HEAL employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
  • if you give HEAL written permission (including by email).
  • INSUFFICIENT FUNDS.

You must have sufficient available funds must be accessible through your saved payment source on the Payment Due Date. You are responsible for any fee charged to HEAL because of your insufficient funds. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to HEAL’s Returned Payment Fee, if any, will be applied to your Account. If your Payment account is 30 days or more past due HEAL may hire a third party collection agency or attorney to collect the balance due. In the third party or legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

  • INCORRECT PAYMENTS.

If HEAL debits your payment source incorrectly, HEAL will be responsible for returning any improperly debited funds resulting from transactions occurring in the 3 previous calendar months. If HEAL does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, HEAL will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 6 herein. However, HEAL will not be liable in the following situations:

  • You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
  • Through no fault of HEAL’s, you have insufficient funds to make a payment;
  • Your computer, the software, phone lines, HEAL’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
  • Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
  • Either HEAL or you have terminated your Online Service or closed your User Account;
  • You have supplied your login information to another party; or
  • For any other reason specified in these Terms or any other agreement HEAL has with you.
  • ACCURATE INFORMATION.

In creating and using your User Account on the Web Site, you agree to:

  • provide true, accurate, current and complete information about yourself, and your qualifications and scope of practice where applicable, on any registration form required on the Web Site (such information being the “Registration Data”); and
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HEAL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HEAL has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

We welcome the submission of comments, information or feedback through the Web Site (collectively referred to as “Posting”). By submitting information through the Web Site, you agree that the information submitted shall be subject to the HEAL Web Site Privacy Policy located at [www.HealinColor.com/privacy] and the warranty provisions located in Paragraph 5 of this Agreement. We reserve the right to remove any material on the Web Site. We are not responsible for any failure or delay in removing such Postings. We also do not endorse any opinions expressed on the Web Site.

  • YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED ON THE WEB SITE IS AT YOUR OWN RISK. In any event HEAL’s liability is limited in accordance with Paragraph 6 of this Agreement.
  • Prohibited Content. Users are prohibited from Posting to the Web Site any content that constitutes impersonation of others or violates or misappropriates the rights of any third parties under: any copyright law, trademark law, patent law, trade secret law, or other law protecting the intellectual property of the confidentiality of proprietary and confidential information of such third parties (as well as HEAL); any laws against infringement, defamation, slander, or libel; and any laws respecting the privacy rights of third parties. User may not post to www.HealinColor.com any content that contains any: threats’ expressions of hate, abuse, ethnic or racial prejudice; offensive references or images to or of obscenity, pornography, vulgarity, sexual explicitness; harassment; is intended to advertise to or solicit others without our express permission; constitutes charity solicitations, chain letters or pyramid schemes; contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; does not generally pertain to the designated topic or theme of the; or any content that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the Terms, Privacy Policy (HealinColor.com/privacy), or other policies of HEAL.
  • TERMINATION OF ACCOUNT.

HEAL reserves the right to terminate your use of the Online Service for any reason and at any time without notice to you. You have the right to terminate your use of the Online Service by emailing HEAL at info@HealinColor.com or by writing to HEAL at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by HEAL, will not affect any of your or HEAL’s rights and obligations under these Terms that have arisen before the effective date of such termination.

  • RELATED AGREEMENTS.

Your Account linked to the Online Service will also be governed by the agreements, disclosures, HEAL’s service tariff in your area, and other documents provided to you in connection with the use of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.

  • ERRORS OR QUESTIONS ABOUT BILL PAYMENTS.

In case of errors or questions about Bill Payments, you should notify HEAL at once by email at [info@HealinColor.com].

 

  1. DISCLAIMERS.
  • NO WARRANTIES; INDEMNIFICATION.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HEAL MAKES NO ATTEMPT TO INDEPENDENTLY VERIFY THE ACCURACY OF INFORMATION PROVIDED BY USERS OR THIRD PARITES. HEAL PROVIDES NO PROFESSIONAL SERVICES AND, AS A RESULT, DOES NOT RENDER PROFESSIONAL OPINIONS OF ADVICE. THE WEB SITE IS NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OR AS A SUBSTITUTE FOR A CONSULTATION WITH A QUALIFIED EWELLNESS SERVICE PROVIDER. NO DOCTOR OR MENTAL HEALTH PROFESSIONAL PATIENT RELATIONSHIP IS CREATED BY VISITING OR USING THE WEB SITE. HEAL MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO HEALER QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR VERACITY OF HEALER POSTED CONTENT. HEAL DOES NOT ENDORSE ANY HEALER LISTED ON THE WEB SITE. HEAL PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND HEAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT THEY REPRESENT THEMSELF TO BE.

You agree to defend, indemnify and hold HEAL and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by HEAL, directly or indirectly, with respect to or arising out of:

  • your failure to comply with these Terms;
  • your breach of your obligations under these Terms;
  • your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or
  • your violation of any third party right, including without limitation any copyright, property, or privacy right.
  • HEALER SERVICES.

HEAL cannot guarantee the availability of any Healer at any particular time. We are not a party to the dealings between you and any Healer, including posts, email, phone, text message, or other communication, proposals, screening, selection, contracting, and provision of Healer services. You are strongly advised to perform your own investigation prior to selecting a Healer by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a Healer by confirming with the practitioner’s office, your current mental health therapist, and/or the state mental health licensing board. HEAL does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, timeliness, or legality of Healer services; the ability of Healers to deliver services; your ability to pay for Healer services; or that you and a Healer can or will complete a transaction, appointment, or engagement.

 

  1. LIMITATION OF LIABILITY.

HEAL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH HEAL. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(j) ABOVE, IN NO EVENT WILL HEAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH A HEALER LISTED ON THE WEB SITE, OR A REPRESENTATION MADE BY ANY USER, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS HEAL’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. PRIVACY.

Personal data that you provide regarding yourself will be handled in accordance with HEAL’s Privacy Policy located at [www.HealinColor.com/privacy].

 

  1. THIRD PARTY CONTENT.
  • HEAL may provide hyperlinks to other web sites maintained by third parties, or HEAL may provide third party content on the Web Site. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER HEAL’S CONTROL AND HEAL IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
  • NO ENDORSEMENT. If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with HEAL. In most cases, HEAL is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site:
  • may link to, but not replicate, HEAL’s Content;
  • may not create a browser, border environment or frame HEAL’s Content;
  • may not imply that HEAL is endorsing it or its products;
  • may not misrepresent its relationship with HEAL;
  • may not present false or misleading information about HEAL’s products or services; and
  • should not include content that could be construed as distasteful, offensive or controversial, and should contain only

Content that is appropriate for all age groups.

 

  1. INFORMATION POSTED ON WEB SITE.
    • COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are HEAL’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. HEAL is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of HEAL that may be referred to on the Web Site are the property of HEAL. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of HEAL’s trademarks or service marks without HEAL’s prior written permission. Neither the name of HEAL nor any of HEAL other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without HEAL’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 7(b) above may use the name “Heal in Color” in or as part of that URL link.
    • CONFIDENTIAL INFORMATION. All information posted to the Web Site or delivered to HEAL through electronic communication or any other form will be treated as non-confidential and non-proprietary (subject to our Privacy Policy located at [HealinColor.com/privacy]). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing beforehand. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
    • User grants HealinColor.com a non-exclusive, worldwide, royalty-free, fully paid-up, and fully sub licensable licenses to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and display such content on the Web Site and to incorporate such content into other works accessible on the Web Site in any format or medium whether then existing or later developed.
    • INFRINGEMENT AND DMCA. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact HEAL at the address or email address set forth at the bottom of these Terms. Your communication should include the following:
      1. reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
      2. reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the rights holders’ work(s) (for example, filename or URL of the page(s) that contain(s) the material);
  • the rights holder’s contact information so that we can contact them (including for example, the rights holder’s address, telephone number, and email address);
  1. a statement that the rights holder has a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
  2. a statement, under penalty of perjury, that the information in the notification is accurate and that the rights holder is authorized to act on behalf of the copyright owner; and,
  3. the rights holder’s electronic signature.

 

  1. LOCAL LAWS.

HealinColor.com is intended to comply with the laws and regulations in the United States. HEAL makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. HEAL is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where HEAL maintains your Account, or, if HEAL transfers your Account to another location, where HEAL currently maintains your Account. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over HEAL, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where HEAL maintains your Account, or, if HEAL transfers your Account to another location, where HEAL currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

 

  1. NON-TRANSFERABILITY OF USER ACCOUNT.

User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities or rights hereunder to any third party. Any such attempted assignment or delegation will not be recognized by HEAL unless acknowledge by HEAL in writing. HEAL has no obligation to provide you with written acknowledgment. HEAL may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

  1. TERMINATION OF SERVICE.

We may terminate the Website, your User Account or right to access secured portions of the Web Site at any time, without notice, for any reason. Upon termination, your right to use the Services available on this Web Site will immediately cease.

    1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
    2. NO WAIVER. No waiver of any term in this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HEAL’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    3. RIGHTS RESERVED. All rights not expressly granted are reserved to HEAL.
    4. ENTIRE AGREEMENT. These Terms and the HEAL Web Site Privacy Policy located at HealinColor.com/privacy are the entire agreement between you and HEAL with respect to your use of the Web Site and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and HEAL regarding the Web Site and the Online Service.
    5. GOVERNING LAW. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether based in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, including its statutes of limitations, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.
    6. Any controversy, claim, or dispute arising out of or related to this Agreement or the interpretation, performance, or breach hereof, including but not limited to alleged violations of state or federal statutory or common law rights or duties, will be resolved solely and exclusively by final and binding arbitration initiated and conducted in Los Angeles County, California, according to the JAMS Streamlined (for disputes no greater than US$250,000) or JAMS Comprehensive (for disputes exceeding US$250,000) Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). Any controversy, claim, or dispute brought against www.HealinColor.com must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The foregoing notwithstanding, HEAL will be free to pursue injunctive relief and restraining orders in any court of competent jurisdiction.

Your Consent to This Agreement

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email info@HealinColor.com or by sending your comments to:

Heal in Color

1316 Centinela Ave.

Inglewood, CA 90302

Attn: Website Administrator

info@HealinColor.com

EFFECTIVE AS OF: March 29, 2019

LAST UPDATED: March 29, 2019