Copyright © 2020 Sound Heals Inc, All rights reserved.
Last Updated: January 24, 2023
MODIFICATIONS OF TERMS OF USE
Sound Heals Inc may, in their
sole discretion, modify these Terms of Use at any time effective upon
posting the modified Terms of Use on and in connection with the Sites
and Services, with or without additional notice to you. You are
responsible for regularly reviewing information posted on the Sites
and Services to obtain timely notice of such changes. If you do not
agree to the amended terms, you agree to immediately stop using the
Sites and Services and to provide Colleen McMillian notice to remove
you from any distribution lists or other communication list that are
available to you through your use of the Sites and Services.
YOUR
CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER
NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE
MODIFIED TERMS OF USE.
USE OF THE SITE AND SERVICES
Subject to full compliance with these
Terms of Use, Sound Heals Inc grants authorized users a
nonexclusive, nontransferable, nonsublicensable, terminable license
to access and use the Sites and Services for your personal use. You
agree to not access, reproduce, duplicate, copy, sell, re-sell,
modify, distribute, transmit, or otherwise exploit the Sites or
Services or any of their content for any purpose except for your
personal use and as described in these Terms of Use, without the
express written consent of Sound Heals Inc. Sound Heals Inc may modify, update, suspend or discontinue the Sites and
Services, in whole or in part, at our sole discretion for any or no
reason, at any time and with or without notice. Sound Heals Inc shall not be liable to any user or other third party for
any such modification, update, suspension or discontinuance.
FOR ENTERTAINMENT ONLY
THIS SERVICE IS FOR ENTERTAINMENT
PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE
SERVICE. ALL PURCHASES USING CREDIT CARDS, DEBIT CARDS, PAYPAL
ACCOUNT, OR OTHER PAYMENT MECHANISM SHALL ONLY BE MADE BY THE CARD OR
ACCOUNT HOLDER.
WE WANT YOU TO ENJOY AND BENEFIT FROM
YOUR SERVICE; HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE
OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS
OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO
EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE
THROUGH OUR SITES.
The information provided by Colleen
McMillian is provided “as is” without any representations or
warranties, express or implied. Colleen makes no representations or
warranties in relation to the information provided on this Site or
provided through services.
Privacy and Terms Statement
This Privacy and Terms Statement governs
the use of the services offered by Colleen McMillian,@soundheals.love and Sound Heals Inc (the “Company”) at the Company’s
website (www.soundheals.love) (the “Site”),
These Terms of Service include:
● Your
agreement that the Service is provided “as is” and without
warranty.
● Your
agreement that the Company has no liability regarding the Service;
● Your consent
to release the Company from liability based on any and all claims;
● Your
agreement to indemnify the Company from claims due to your use or
inability to use the Service;
● Your consent
that either party has the right to compel arbitration[CC2]
;
and
● Your consent
that no claims can be adjudicated on a class basis.
Service Only The Service is a platform for enabling
connections between Users for the fulfillment of services, but Sound Heals Inc is not responsible for the performance, integrity,
responsibility or any of the actions or omissions whatsoever of any
Users. The Company makes no representations or warranties about the
suitability, reliability, timeliness, or accuracy of the information
requested and provided, whether in public, private, or offline
interactions
Opinion Only Sound Heals Inc does not warrant
that:
● The
information on the Site will be constantly available, or available at
all; or
● The
information on this Site is complete, true, accurate, up-to-date, or
non-misleading.
You must not rely on the information on
this Site as an alternative to legal advice from your attorney or
other professional legal services provider. Any advice received from
the Service should not be construed as medical advice or opinion.
This service is not a healthcare or counseling service and should not
be viewed or used as such. If you have any concerns regarding your
mental or physical well-being you should contact a healthcare
professional immediately.
E-mail and Phone YOU ARE SOLELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF YOUR E-MAIL, PHONE NUMBER AND ALL
APPLICABLE CONTACT INFORMATION AND SELF IDENTIFYING DETAILS FOR ANY
AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR SERVICE.
USER CONDUCT
As a condition of your access and use of
the Sites and Services and your submission or access to any ratings,
reviews, communications, information, data, text, photographs, audio
clips, audiovisual works, or other materials on the Sites and
Services (collectively, the “Content”), you agree not to use the
Sites and Services for any purpose that is unlawful or prohibited by
these Terms of Use, or any other purpose not reasonably intended by Sound Heals Inc. By way of example, and not as a limitation,
you agree not to:
1. Violate these Terms
of Use, other applicable agreement with Colleen McMillian or Sound Heals Inc, and any applicable local, state, national or
international law, and any rules and regulations having the force of
law;
2. Use the Sites and
Services in any manner that violates any relevant law or that
infringes, misappropriates or violates any third party’s rights,
including, but not limited to, transmitting any Content that may
infringe, misappropriate or violate a third party’s rights of
publicity, contractual rights, fiduciary rights or intellectual
property rights;
3. Use the Sites and
Services or its Content for any purposes not authorized by these
Terms of Use, including commercial, political, or religious purposes,
including the submission or transmission of any Content that contains
advertisements, promotional materials, junk mail, or any other form
of solicitation;
4. Reproduce,
duplicate, copy, modify, sell, re-sell or exploit any Content or the
Sites and Services for any commercial, educational, or any other
non-personal purpose or any for any purpose unrelated to your
personal purchasing decisions, without the express written consent of
Colleen McMillian and Sound Heals Inc, which consent may
be withheld in our sole discretion;
5. Post irrelevant
Content, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on our
infrastructure, interfere or attempt to interfere with the proper
working of the Sites and Services or any activities conducted on the
Sites and Services;
6. Harass, threaten,
intimidate, impersonate, or attempt to impersonate, any other person,
falsify your contact or other information, misrepresent a
relationship with any person or entity, including misrepresenting a
relationship with Colleen McMillian or Sound Heals Inc, or
otherwise attempt to mislead others as to the identity of the sender
or the origin of a review or rating;
7. Knowingly provide
or submit false or misleading information;
8. Use the Sites and
Services if you are under the age of eighteen (18);
9. Take any action
that would undermine the review and rating process under the Sites
and Services;
10. Attempt to gain
unauthorized access to the Sites and Services, other user accounts,
or other computer systems or networks connected to the Sites and
Services;
11. Use the Sites and Services in
any way that could interfere with the rights of Colleen McMillian, Sound Heals Inc, or the rights of other users of the Sites
and Services;
12. Attempt to gain unauthorized access
to any portion or feature of the Sites and Services, or any other
systems or networks connected to the Sites and Services or to any
server used by Colleen McMillian or Sound Heals Inc by
hacking, password ‘mining’ or any other illegitimate or
unauthorized means, including attempting to obtain password, account,
or any other personal or private information from any other Sites and
Services user;
13. Sell, share, or otherwise transfer
your account username, password, other information, or your rights or
obligations under these Terms of Use;
14. Transmit or submit any transmission
or other materials that are encrypted or that contains viruses,
Trojan horses, worms, time bombs, spiders, cancelbots or other
computer programming routines that is likely or intended to damage,
interfere with, disrupt, impair, disable or otherwise overburden the
Sites and Services;
15. Access, download, monitor, or copy
any information contained on our Sites and Services through
artificial means (including but not limited to use any ‘deep-link’,
‘scraper’, ‘robot’, ‘spider’ or other automatic device,
program, algorithm or methodology, or any similar or equivalent
automatic or manual process, or in any way reproduce or circumvent
the navigational structure or presentation of the Sites and Services
or any content, to obtain or attempt to obtain any Content,
materials, documents or information through any means not purposely
made available through the Sites and Services; or
16. Probe, scan or test the
vulnerability of the Sites and Services or any network connected to
the Sites and Services, nor breach the security or authentication
measures on or of the Sites and Services or any network connected to
the Sites and Services. You may not reverse look-up, trace or seek to
trace any information on any other user of the Sites and Services, or
any other customer of Colleen McMillian or Sound Heals Inc, including any account not owned by you, to its source, or
exploit the Sites and Services or any service or information made
available or offered by or through the Sites and Services, in any way
where the purpose is to reveal any information, including but not
limited to personal identification or information other than your own
information, except as expressly authorized by Colleen McMillian or Sound Heals Inc and provided for by the Sites and
Services.
SERVICES
When using, accessing, or purchasing
particular services or features of the Sites and Services, you shall
be subject to any posted agreements, guidelines, or rules applicable
to such services or features that may be posted from time to time.
All such agreements, guidelines, or rules are hereby incorporated by
reference into the Terms of Use.
REGISTRATION INFORMATION
We may require that you create an
account to use or access certain parts of the Sites and Services and
use certain products and features. We may require that you provide
login information such as a username and password to access and
utilize your account. As a condition of your use of the Sites and
Service, you agree to (a) provide Sound Heals Inc with true,
accurate, current and complete information as prompted by the
registration forms, when registering for or using the Sites and
Services and (b) update and maintain the truthfulness, accuracy and
completeness of such information. You are responsible for maintaining
the confidentiality of any password or other account information not
generally available to others and are fully responsible for all
activities that occur under your username and password. While there
are limited, legitimate reasons for creating multiple accounts,
creating serial or overlapping accounts may result in account
termination. Please contact us if you have questions about managing
multiple accounts.
SUBMITTING CONTENT
As a condition of submitting any Content
or other materials to the Sites or Services, you agree that:
1. You grant to Sound Heals Inc a royalty free, perpetual, irrevocable,
worldwide, nonexclusive, transferable, and sublicensable license to
use, reproduce, copy, adapt, modify, merge, distribute, publicly
display, create derivative works from, incorporate such Content into
other works. In the case of original works of art, music or other
creative endeavors, this license will be limited to the terms agreed
upon when you agree to share the work with Sound Heals Inc or on the Sites or Services;
2. You grant to Sound Heals Inc all rights necessary to publish or refrain from
publishing your name and address in connection with your Content;
sublicense through multiple tiers the Content, and acknowledge that
this license cannot be terminated by you once your Content is
submitted to the Sites and Services;
3. You grant to Sound Heals Inc all rights necessary to prohibit the subsequent
aggregation, display, copying, duplication, reproduction,
distribution, or exploitation of your Content by any other party;
4. Your name and
report information may be made available to the public;
5. You represent that
you own or have secured all legal rights necessary for the Content
submitted by you to be used by you, Sound Heals Inc, and
others as described and otherwise contemplated in these Terms of Use;
6. You represent and
warrant that each person identified, depicted, or shown in in your
Content, if any, (and if a minor, the parent or guardian of the
minor) has provided consent to the use of the Content consistent with
these Terms of Use;
7. You are solely
responsible for your reviews and ratings;
8. Colleen McMillian
and/or Sound Heals Inc may, in its sole discretion, choose
to remove or not to remove reviews and ratings once published;
9. You will not submit
any reviews that may be considered by Colleen McMillian to be
infringing, harassing, libelous, abusive, threatening, obscene,
profane, hateful, offensive, harmful, vulgar, distasteful,
defamatory, or otherwise violates any relevant law or right of any
other party, or racially, ethnically or otherwise objectionable;
10. All of your reviews and ratings
will either be based upon (i) your actual first-hand experiences with
the Service you are reviewing or (ii) as provided below, an
individual and that individual’s actual first-hand experience with
a health care or wellness provider whereby you have the legal
authority to disclose such health information and experience of such
individual;
11. All of your reviews and ratings
will be accurate, honest, truthful, and complete in all respects;
12. You do not work for, own any
interest in or serve on the board of directors of, Sound Heals Inc for which you submit reviews and ratings; you are not
in any way related (by blood, adoption or marriage) to Colleen
McMillian or any of the Service Providers with which she partners,
for which you submit reviews or ratings;
13. You have not received any form of
compensation to post reviews and ratings;
14. You will submit thorough and
thoughtful reviews of the Services you review (for example,
submitting a review describing a service contractor as “He/She is
great.” Without additional commentary is not a thorough and
thoughtful review);
15. You will not submit reviews that
comment on other users or the reviews of other users;
16. You will not submit reviews with
hyperlinks; and
17. The reviews and ratings that you
provide do not reflect the views of Sound Heals Inc, its
officers, managers, owners, employees, agents, designees or other
users.
PUBLICATION AND DISTRIBUTION OF CONTENT
Sound Heals Inc does not
guarantee the accuracy, integrity, quality or appropriateness of any
Content transmitted to or through the Service. You acknowledge that
Sound Heals Inc simply acts as a passive conduit and an
interactive computer and digital service provider for the publication
and distribution of Content. You understand that all Content posted
on, transmitted through or linked through the Service, are the sole
responsibility of the person from whom such Content originated. You
understand that Colleen McMillian 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
inaccurate, misleading, or offensive. You agree that You must
evaluate and make Your own judgment, and bear all risks associated
with, the use of any Content and Artist Content.
You further acknowledge that Sound Heals Inc has no obligation to screen, preview, monitor or
approve any Artist, Content or Artist Content, or Content posted or
submitted by any other member or any Artist. However, Colleen
McMillian reserves the right to review and delete any Content that,
in their sole judgment, violates the terms and conditions of this
Agreement. By using the Service, You agree that it is solely YOUR
RESPONSIBILITY to evaluate Your risks to bear associated with the
use, accuracy, usefulness, completeness or appropriateness of any
Content that You submit, receive, access, transmit or otherwise
convey through the Service. Under no circumstances will Colleen
McMillian be liable in any way for any Content or Artist Content,
including, but not limited to, any Content or Artist Content that
contains any errors, omissions, defamatory statements, or
confidential or private information (including, but not limited to,
health information) or for any loss or damage of any kind incurred as
a result of the use of any Content or Artist Content submitted,
accessed, transmitted or otherwise conveyed via the Service. You
waive the right to bring or assert any claim against Sound Heals Inc relating to Artist, Content or Artist Content, and
release Sound Heals Inc from any and all liability for or
relating to any Artist, Content or Artist Content.
You may, however, report Content that
you believe violates these Terms of Use or is otherwise unlawful by
sending an email to colleen@soundheals.love. Please note that you may
be liable for damages (including costs and attorneys’ fees) for
unlawful misrepresentations. If you are uncertain whether an activity
is unlawful, we recommend seeking advice of an attorney.
You agree that Sound Heals Inc
may establish general practices, policies and limits, which may or
may not be published, concerning the use of the Sites and Services,
including without limitation, the time that reviews and ratings will
be retained, the maximum number of reviews and ratings that may be
sent from an account, the length of reviews and ratings sent, and the
maximum number of times and the maximum duration for which you may
access the Sites and Services in a given period of time. You agree
that Sound Heals Inc has no responsibility or liability for
the deletion or failure to store any Content or other materials
maintained or transmitted by or through the Sites and Services. You
agree that Sound Heals Inc has the right to change these
general practices and limits at any time, in its sole discretion,
with or without notice.
TERMINATION OF ACCESS
Colleen McMillian may terminate your
privilege to use or access the Sites and Services immediately and
without notice for any reason whatsoever. Upon such termination, you
must immediately cease accessing or using the Sites and Services and
agree not access or make use of, or attempt to use, the Sites and
Services. Furthermore, you acknowledge that Sound Heals Inc
reserves the right to take action -- technical, legal or otherwise --
to block, nullify or deny your ability to access the Sites and
Services. You understand that Sound Heals Inc may exercise
this right in its sole discretion, and this right shall be in
addition to and not in substitution for any other rights and remedies
available to Sound Heals Inc.
All provisions of these Terms of Use
which by their nature should survive termination shall survive the
termination of your access to the Sites and Services, including,
without limitation, provision regarding ownership, warranty
disclaimers, indemnity, and limitations of liability.
TRADEMARKS AND COPYRIGHTS
Sound Heals Inc, and other Sites
and Services graphics, logos, designs, page headers, button icons,
scripts, and service names are the trademarks or trade dress of Sound Heals Inc in the U.S. and/or other countries. These trademarks
and trade dress may not be used, including as part of trademarks
and/or as part of domain names, keyword advertisements, or email
addresses, or in connection with any product or service in any manner
that is likely to cause confusion.
You should assume all Content and
material made available on the Sites and Services is protect by
copyright law. Aside from user-submitted Content, all other materials
and other information on the Sites and Services, including, but not
limited to, all text, graphics, logos, icons, images, audio and video
clips, downloads, data compilations and software are the exclusive
property of Sound Heals Inc and/or its licensors and are
protected by all United States and international copyright laws.
NOTICES
You agree that Sound Heals Inc
may communicate any notices to You under these Terms of Use, through
electronic mail, regular mail or posting the notices on the Site. All
notices to Sound Heals Inc will be provided by either sending:
(i) an email to colleen @soundheals.love; or (ii) a letter, first
class certified mail, to Sound Heals Inc, 5245 S Eastern
Ave, Las Vegas, NV 89119, Attn: Colleen McMillian. Such notices will
be deemed delivered upon the earlier of the verification of delivery
or two (2) business days after being sent.
In accordance with the Digital
Millennium Copyright Act of 1998, Title 17 of the United States Code,
Section 512 (“DMCA”), Sound Heals Inc will respond
promptly to claims of copyright or trademark infringement.
If You are a copyright or trademark
owner (or authorized to act on behalf of the copyright or trademark
owner) and believe that Your work’s copyright or trademark has been
infringed, please report Your notice of infringement to us by
providing a written notification of claimed infringement that
includes substantially the following:
1. a physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. identification of
the copyrighted work or trademark claimed to have been infringed, or,
if multiple copyrighted works or trademarks at a single online site
are covered by a single notification, a representative list of such
works at that site;
3. identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to
locate the material;
4. information
reasonably sufficient to permit us to contact You, such as an
address, telephone number, and, if available, an electronic mail
address at which You may be contacted;
5. a statement that
You have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright or trademark owner,
its agent, or the law; and
6. a statement that
the information in the notification is accurate, and under penalty of
perjury, that You are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. Sound Heals Inc will investigate
notices of copyright and trademark infringement and take appropriate
actions under the DMCA. Inquiries that do not follow this procedure
may not receive a response.
DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to
limitations, delays, failure, and other problems inherent in the use
of the Internet and electronic communications. Sound Heals Inc
is not responsible for any delays, failures or other damage resulting
from such problems.
USER FEEDBACK
Sound Heals Inc appreciates
hearing from you, as well as our other users, and welcomes your
comments regarding our Sites and Services. Please be advised,
however, that our policy does not permit us to accept or consider
creative ideas, suggestions, or materials other than those which we
have specifically requested. Although we do value your feedback on
our Sites and Services, please be specific in your comments regarding
our services and do not submit creative ideas, suggestions or
materials. If, despite our request, you send us creative suggestions,
ideas, drawings, concepts or other information (collectively, the
“Submissions”), such Submissions will be the property Sound Heals Inc. In addition, none of the Submissions will be subject to
any obligations of confidentiality and Sound Heals Inc will
not be liable for any future use or disclosure of such Submissions.
Warranties and Disclaimers
You acknowledge that Sound Heals Inc has no control over, and no duty to take any action
regarding: which users gain access to or use the Sites and Services;
what effects the content on or in connection with the Sites and
Services may have on you; how you may interpret or use the content on
or in connection with the Sites and Services; or what actions you may
take as a result of having been exposed to the content on or in
connection with the Sites and Services. You release Sound Heals Inc from all liability for you having acquired or not
acquired content or information through the Sites and Services. The
Sites and Services may contain, or direct you to sites containing,
information that some people may find offensive or inappropriate.
Sound Heals Inc makes no representations concerning any
content contained in or accessed through the Sites and Services, and
Sound Heals Inc will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Sites and Services. Sound Heals Inc makes no guarantee or warranty, express or implied, as to
the reliability, accuracy, timeliness or completeness of that
information and assumes no responsibility for any errors or omissions
therein.
YOU ACCESS AND USE THE SITES AND
SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN
‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY
AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER
SOUND HEALS INC NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD
PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM
USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION
WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST
PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS
APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR
OMISSION OF SOUND HEALS INC, COMPUTER VIRUS OR OTHER SIMILAR
ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF
USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE
FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD
PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL SOUND HEALS INC, OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES,
AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD
LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO
EVENT WILL SOUND HEALS INC, OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT,
HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN
CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOUND HEALS INC OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
IN THE TERMS, SOUND HEALS INC DOES NOT REPRESENT OR WARRANT
THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II)
THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR
INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME,
WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
SOUND HEALS INC'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
SOUND HEALS INC SHALL USE
REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN
CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR
SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SOUND HEALS INC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY
LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Sound Heals Inc has no control
over and no duty to take any action regarding: other users’
behavior; what effects Content may have on you; how you may interpret
or use Content; or what actions you may take as a result of having
been exposed to Content. You release Sound Heals Inc from all
liability for you having acquired or not acquired Content through the
Sites and Services. Sound Heals Inc makes no representations
concerning any Content, including the accuracy thereof, contained in
or accessed through the Sites and Services, and Sound Heals Inc will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or
accessed through the Sites and Services.
The Sites and Services may display links
to other Internet sites or resources. Because Sound Heals Inc has no control over such sites and resources, you acknowledge and
agree that Sound Heals Inc is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content,
advertising, products or other materials on or available from such
sites or resources.
You further acknowledge and agree that
Sound Heals Inc shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
INDEMNITY
You agree to indemnify, defend and hold
harmless Sound Heals Inc, its officers, managers, owners,
employees, agents, designees, users, successors, assigns, service
providers and suppliers from and against all losses, liabilities,
expenses, damages, claims, demands and costs, including reasonable
attorneys’ fees and court costs due to or arising from: (a) any
violation of these Terms of Use by you; (b) the inaccurate or
untruthful Content or other information provided by you to Sound Heals Inc or that you submit, transmit or otherwise make available
through the Service; or (c) any intentional or willful violation of
any rights of another or harm you may have caused to another. Sound Heals Inc will have sole control of the defense of any such
damage or claim.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
SOUNDS HEALS INC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF SOUNDS HEALS INC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”),
RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE
COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT
OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT,
RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE;
(E) STATEMENTS OR CONDUCT OF ANY ARTISTS OR OTHER THIRD PARTY THROUGH
THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY
BREACH OF THIS AGREEMENT BY SOUNDS HEALS INC, OR THE FAILURE OF
SOUNDS HEALS INC, TO PROVIDE THE SERVICE UNDER THIS AGREEMENT
OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE
PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In
some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitations may not apply
to You.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
SOUNDS HEALS INC CONTRACTS WITH A THIRD PARTY TO PROCESS
PAYMENTS THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD
PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD
PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING
PROCESS FOR SOUNDS HEALS INC, INCLUDING, BUT NOT LIMITED TO,
THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK
(COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY
DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH
IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF SOUNDS HEALS INC TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR
ANY BREACH OF THIS AGREEMENT BY SOUNDS HEALS INC. YOU HEREBY
RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY
SUFFER AS A RESULT OF THE FAILURE OF SOUNDS HEALS INC TO
PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS
AGREEMENT BY SOUNDS HEALS INC. YOU AGREE TO INDEMNIFY AND HOLD
HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY
SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY
UNDERSTAND AND AGREE THAT SOUNDS HEALS INC SHALL BE SOLELY
LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
BREACH OF TERMS OF USE AND LIQUIDATED
DAMAGES
You understand that the content in each
report or record on Sound Heals Inc has significant value to Sound Heals Inc and that the damage caused to Sound Heals Inc for any violation of these Terms of Use pertaining to a
report or record will be difficult to accurately estimate. Thus you
shall be liable to pay us the following amounts as liquidated
damages, and you agree that the liquidated damages are a reasonable
estimate of Sound Heals Inc’s damages for the specified
breaches of these Terms of Use:
1. If you post Content
in violation of these Terms of Use, you agree to promptly pay Sound Heals Inc One Thousand Dollars ($1,000) for each item of
Content posted in violation of these Terms of Use. We may (but shall
not be required to) to issue you a warning before assessing damages.
2. If you display,
copy, duplicate, reproduce, sell, re-sell or exploit for any purpose
any Content in violation of these Terms of Use, you agree to pay One
Hundred Dollars ($100) for each record or report that you displayed,
copied, duplicated, reproduced, sold, re-sold or exploited for any
purpose.
3. If you use computer
programming routines that are intended to aggregate records or
reports from the Sites and Services or otherwise damage, interfere
with, disrupt, impair, disable or otherwise overburden the Sites and
Services, you agree to pay One Hundred Dollars ($100) for each report
or record that is aggregated, disrupted, damaged or otherwise
affected by you.
4. Except as set forth
in the foregoing subparagraphs (a) through (c), inclusive, you agree
to pay the actual damages suffered by Sound Heals Inc,
including, but not limited to attorneys’ fees and court costs, to
the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms of Use, we reserve
the right to seek the remedy of specific performance of any term
contained herein, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power
granted in these Terms of Use, or any combination thereof.
ENTIRE AGREEMENT
These Terms of Use and other agreements,
rules, and policies incorporated by reference to these Terms
including, without limitation, the Privacy Policy, constitutes the
entire agreement between you and Sound Heals Inc. It
supersedes any prior or contemporaneous negotiations, discussions or
agreements, whether written or oral, between you and Sound Heals Inc regarding the subject matter contained in these Terms of
Use. Additional terms and conditions may exist between you and third
parties, including but not limited to, Artists and others. You
represent and warrant that those third party agreements do not
interfere with your obligations and duties to Sound Heals Inc
under these Terms of Use.
GOVERNING LAW; VENUE;
MEDIATION/ARBITRATION; ETC.
This agreement shall be governed by and
construed in accordance with the laws of the State of Nevada
applicable to contracts between residents of the State of Nevada that
are to be wholly performed within such state. Any controversies or
disputes arising out of or relating to this Agreement will be
submitted to mediation through a mutually selected mediator in the
State of Nevada. If mediation is not successful in resolving the
entire dispute, any outstanding issues will be submitted to final and
binding arbitration under the rules of the American Arbitration
Association. The arbitrator’s award will be final and judgment may
be entered upon it by any court having proper jurisdiction within the
State of Nevada.
You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out or
related to Your use of the Site or Service or these Terms of Use
shall be filed within one (1) year after such claim or cause of
action arose or will forever be barred.’’
MISCELLANEOUS
If you breach any term of these Terms of
Use or other agreement with Sound Heals Inc, Sound Heals Inc may pursue any legal or equitable remedy available,
including but not limited to, direct, consequential, and punitive
damages and injunctive relief. Sound Heals Inc remedies are
cumulative and not exclusive. Failure of Sound Heals Inc to
exercise any remedy or enforce any portion of the Terms of Use at any
time shall not operate as a waiver of any remedy or of the right to
enforce any portion of the Agreement at any time thereafter. If any
provision of the Terms of Use is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that the Terms shall otherwise remain in full
force and effect and enforceable. These Terms of Use are not
assignable, transferable or sublicensable by you except with Sound Heals Inc's prior written consent. We may transfer, assign or
delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with
all applicable regulations and laws. No joint venture, partnership,
employment or agency relationship exists between you and Sound Heals Inc as a result of these Terms of Use or use of the Sites and
Services. You acknowledge and agree that each of the Released Parties
shall be an intended third party beneficiary of these Terms of Use.
CONTACTING US
If you have any comments or questions
regarding these Terms, or wish to report any violation of these Terms
of Service, please contact us at colleen@soundheals.love. We will
address any issue to the best of our abilities.