Whether you are an HEAL ESTATE Member or a non-member visitor, by accessing Heal Estate’s “healestate.com” website the (“Web Site”), you agree to abide by the Terms of Service set forth below.
The Web Site is provided by Heal Estate, Inc., (“HEAL ESTATE”) under these Terms of Service. Although portions of the Web Site may be viewed simply by visiting the site, in order to access membership content and/or receive additional services from HEAL ESTATE requires registration as a registered “free member” or as a “paid member” of HEAL ESTATE. By visiting the Web Site and/or by registering as a member of HEAL ESTATE, you are indicating your agreement to be bound by these Terms of Service, as modified from time to time. These Terms of Service govern your use of the Web Site and all services provided in connection with the Web Site. If you do not agree to these Terms of Service, please do not register for or enter the Web Site.
2. Modifications of these Terms of Service
HEAL ESTATE may modify these Terms of Service from time to time in its sole discretion. Each time you log on to the Web Site, you will be deemed to have accepted any such changes. If you do not agree to these changes, please discontinue your use of the Web Site. Your continued use of the Web Site will signify your acceptance of any change in the terms and conditions set forth herein.
HEAL ESTATE reserves the right to immediately and without notice suspend or terminate your ability to access the Web Site or any other service provided to you by HEAL ESTATE upon any breach by you of the Terms of Service, including the furnishing of false or misleading information. HEAL ESTATE may modify or discontinue the Web Site with or without notice to you and without liability to you or any third party.
5. Content of Messages
HEAL ESTATE may not pre-screen the content of messages posted in HEAL ESTATE Blogs and Discussion. You alone are responsible for the content of your messages, and the consequences of any such messages. HEAL ESTATE reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
You agree not to use the Web Site to send or post in the Discussions, or any place on the Web Site any message or material that (a) is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material, or (b) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation or these Terms of Service. HEAL ESTATE reserves the right to delete any such material from the Web Site.
You agree not to post or use the Web Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any forum with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (a) HEAL ESTATE permits access to content that is protected by copyrights, trade-marks and other intellectual and proprietary rights (“Rights”), (b) these Rights are valid and protected in all media and technologies existing now or later developed, and (c) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Web Site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the Web Site is not protected by Rights rests with you. You acknowledge that HEAL ESTATE may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any public area of the Web Site, including message boards and forums, you grant HEAL ESTATE and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce for personal use (but not to republish) such content. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all Rights that may exist in such content.
6. Restrictions on Use
The Web Site is owned and operated by HEAL ESTATE in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Web Site in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. “HEAL ESTATE”, healestate.com and “HEAL ESTATE” logos are trademarks and/or service marks of HEAL ESTATE. All other trademarks, service marks, and logos used on the Web Site are the trademarks, service marks, or logos of their respective owners.
7. Registration and Password
You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify HEAL ESTATE of any unauthorized use of your registration.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEAL ESTATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
HEAL ESTATE MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HEAL ESTATE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE. HEAL ESTATE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE 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 HEAL ESTATE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEB SITE. HEAL ESTATE 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 HEAL ESTATE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEB SITE, ARE ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. HEAL ESTATE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
HEAL ESTATE 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 IN THE WEB SITE. YOUR PARTICIPATION IN THE WEB SITE IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEAL ESTATE OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
HEAL ESTATE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE.
HEAL ESTATE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE WEB SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may pro-vide links, and you hereby waive any claim you might have against HEAL ESTATE with respect to such sites.
You agree to indemnify and hold HEAL ESTATE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web Site, your use of the Web Site, your violation of the Terms of Service, or your violation of any rights of another party.
10. Limitation of Liability
HEAL ESTATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEB SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HEAL ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE AND/OR CONTENT CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE WEB SITE. HEAL ESTATE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO HEAL ESTATE TO ACCESS THE WEB SITE.
11. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Membership Information
As an HEAL ESTATE member, you are opting to receive regular HEAL ESTATE correspondence including periodic notifications of upcoming events, educational or other opportunities. You may unsubscribe to this correspondence at any time, by clicking the unsubscribe link in any HEAL ESTATE email, or by following the instructions on your HEAL ESTATE Profile Page.
13. Copyright Policy
Heal Estate, Inc. recognizes and respects intellectual property rights and are committed to fulfilling our moral and legal obligations with respect to our use of copyright-protected works including our own publicly available material or user-submitted work.No part of this site or the publications described herein may be reproduced without the permission of Heal Estate, Inc. To obtain permission, please contact us at email@example.com
14. General Information
These Terms of Membership and Service constitute the entire agreement between you and HEAL ESTATE and govern your use of the Web Site, superseding any prior agreements between you and HEAL ESTATE. The Terms of Service and the relationship between you and HEAL ESTATE shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and HEAL ESTATE agree to submit to the personal and exclusive jurisdiction of the courts located within Placer County, California. The failure of HEAL ESTATE to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Service 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 Web Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.