Terms of Use
Read This Terms of Use Agreement Before
Accessing Website.
Effective Date: This Terms of Use Agreement was
last updated on January 24, 2009.
This Terms of Use Agreement sets forth the standards
of use of The Healing Moon Wellness Center, LLC
Online Service. By using the www.thehealingmoon.com
website you (the “Member”) agree to these terms and
conditions. If you do not agree to the terms and
conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice.
Modifications shall become effective immediately upon
being posted at www.thehealingmoon.com website.
Your continued use of the Service after amendments
are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement
may not be amended.
1. Description of Service
The Healing Moon Wellness Center, LLC is providing
Member with read-only, front-end access to all web
pages at www.thehealingmoon.com. Member must
provide (1) all equipment necessary for their own
Internet connection, including computer and modem
and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by The Healing Moon Wellness
Center, LLC on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable
law, The Healing Moon Wellness Center, LLC makes no
representations or warranties of any kind, express or
implied, regarding the use or the results of this web
site in terms of its correctness, accuracy, reliability, or
otherwise. The Healing Moon Wellness Center, LLC
shall have no liability for any interruptions in the use of
this Website. The Healing Moon Wellness Center, LLC
disclaims all warranties with regard to the information
provided, including the implied warranties of
merchantability and fitness for a particular purpose,
and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3. Limitation of Liability
THE HEALING MOON WELLNESS CENTER, LLC SHALL
NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND
IN PARTICULAR THE HEALING MOON WELLNESS
CENTER, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEB SITE OR THE INFORMATION
CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN
CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE
HEALING MOON WELLNESS CENTER, LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold The Healing
Moon Wellness Center, LLC, its parents, subsidiaries,
affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees
and costs, made by any third party due to or arising
out of Member’s use of the Service, the violation of
this Agreement, or infringement by Member, or other
user of the Service using Member’s computer, of any
intellectual property or any other right of any person
or entity.
5. Modifications and Interruption to Service
The Healing Moon Wellness Center, LLC reserves the
right to modify or discontinue the Service with or
without notice to the Member. The Healing Moon
Wellness Center, LLC shall not be liable to Member or
any third party should The Healing Moon Wellness
Center, LLC exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that
The Healing Moon Wellness Center, LLC does not
guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be
interfered with or adversely affected by numerous
factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online
merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or
the content located on or through, any third-party
site. You should contact the site administrator or
webmaster for those third-party sites if you have any
concerns regarding such links or the content located
on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of
each site, and we are not responsible therein. We
encourage all Members to review said privacy policies
of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor
Information
Product specifications and other information have
either been provided by the Vendors or collected from
publicly available sources. While The Healing Moon
Wellness Center, LLC makes every effort to ensure
that the information on this website is accurate, we
can make no representations or warranties as to the
accuracy or reliability of any information provided on
this website.
The Healing Moon Wellness Center, LLC makes no
warranties or representations whatsoever with regard
to any product provided or offered by any Vendor, and
you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your
own risk.
8. Governing Jurisdiction of the Courts
Massachusetts
Our website is operated and provided in the State of
Massachusetts. As such, we are subject to the laws of
the State Massachusetts, and such laws will govern
this Terms of Use, without giving effect to any choice
of law rules. We make no representation that our
website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you
choose to access our site you agree to do so subject
to the internal laws of the State Massachusetts.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws.
Member may not use the Service in any way that
violates applicable state, federal, or international laws,
regulations or other government requirements. Member
further agrees not to transmit any material that
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.
10. Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the
selection and arrangements thereof is ©2009 www.
thehealingmoon.com, with all rights reserved, or is the
property of The Healing Moon Wellness Center, LLC
and/or third parties protected by intellectual property
rights. Any use of materials on the website, including
reproduction for purposes other than those noted
above, modification, distribution, or replication, any
form of data extraction or data mining, or other
commercial exploitation of any kind, without prior
written permission of an authorized officer of The
Healing Moon Wellness Center, LLC is strictly
prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the
content contained therein without prior written
permission of an authorized officer of The Healing Moon
Wellness Center, LLC.
The Healing Moon Wellness Center, LLC™ and www.
thehealingmoon.com™ are proprietary marks of www.
thehealingmoon.com. The Healing Moon Wellness
Center, LLC’s trademarks may not be used in
connection with any product or service that is not
provided by The Healing Moon Wellness Center, LLC, in
any manner that is likely to cause confusion among
customers, or in any manner that disparages or
discredits The Healing Moon Wellness Center, LLC.
All other trademarks displayed on The Healing Moon
Wellness Center, LLC’s website are the trademarks of
their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors.
In addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any
affiliation with The Healing Moon Wellness Center, LLC.
11. Notification of Claimed Copyright
Infringement
Pursuant to Section 512(c) of the Copyright Revision
Act, as enacted through the Digital Millennium
Copyright Act, www.thehealingmoon.com designates
the following individual as its agent for receipt of
notifications of claimed copyright infringement.
By Mail
One Walpole Street
Norwood, MA 02062
By Telephone: 781-769-1121
By Email: thehealingmoon@aol.com
12. Botnets
The Healing Moon Wellness Center, LLC retains the
right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any
hostnames are used as command and control points for
botnets, The Healing Moon Wellness Center, LLC
reserves the right to direct the involved hostnames to
a honeypot, loopback address, logging facility, or any
other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall
be unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be
assigned by The Healing Moon Wellness Center, LLC, in
our sole discretion, to a third party in the event of a
merger or acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded
by, any other written agreement between us in
relation to your participation as a Member. Member
agrees that by accepting this Terms of Use
Agreement, Member is consenting to the use and
disclosure of their personally identifiable information
and other practices described in our Privacy Policy
Statement.