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Terms of Use

1. Acceptance of terms

Please read these terms of use carefully before using, registering for, submitting information to or listing with ExploreHolistic.com, owned and operated by Lifetime Horizons, LLC, (collectively referred to hereafter as the "Directory"), located in Philadelphia, Pennsylvania.  By using, registering for or submitting information to the “Directory”, as a Signing Member (referred to hereafter as (“you”) are agreeing to and accepting these Terms of Use. (“TOU”)

The “Directory” provides an assortment of membership levels offering business profiles, services offered, and including, but not limited to, publishing a practitioner type, business type, business description, treatments offered, modalities used, conditions treated, pictures, videos, blog posts, audio files, community articles, coupons, classified ads, job listings and educational materials and other resources, and any other pertinent contact information (collectively referred to hereafter as the “Service”)

By using the “Directory” in any way, “you” are agreeing to comply with the (“TOU”).  In addition, when using the “Directory”. “You” agree to abide by any applicable posted guidelines for all “Services”, which may change from time to time.

Should “you” object to any term or condition of the “TOU”, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. Modifications to this Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. “You” must review this agreement on a regular basis to keep yourself apprised of any changes.

3.  Registration

"You" have the opportunity to register with the “Directory” by creating a user account enabling use of the “Service”. By registering, "you" represent and warrant that all information that "you" choose to provide is current, complete and accurate and agree to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. If the registration process requires "you" to create and use log-in credentials such as an email address or user name along with a password, "you" acknowledge and agree that the “Directory” rely on the subsequent use of your log-in credentials to provide access to your account and the information "you" have provided. "You" are responsible for all use of your account, regardless of whether "you" authorized such access or use, and for ensuring that all use of your account complies fully with these “TOU”

 4. Content

“You” understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (referred to hereafter as “Content”) posted on, transmitted through, or linked from the “Directory” are the sole responsibility of the person from whom such “Content” originated. More specifically, “you” are entirely responsible for each individual item of “Content” that “you” post, email or otherwise make available via the “Directory”. Likewise, if “you” request the assistance of the “Directory” to post “Content”, or if “you” imply consent that the “Directory” may post “Content” on your behalf, either by written or oral means, or “you” fail to inform the “Directory” that “Content” should be removed, “you” are equally responsible for the “Content”.

“You” waive any and all claims against the “Directory” of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on the “Directory”. “You” understand that the “Directory” does not control and is not responsible for any personal “Content” made available through the “Service”, and that by using the “Service”, “you” may be exposed to “Content” that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When “you” post “Content” to the “Service”, “you” authorize the “Directory” to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the “Content” on the “Directory”. By posting “Content” to any part of the “Directory”, “you” automatically grant, represent and warrant that “you” have the right to grant, to the “Directory”, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such “Content” for any purpose on or in connection with the “Service” or the promotion thereof, to prepare derivative works of, or incorporate into other works, such “Content”, and to grant and authorize sublicenses of the foregoing. Furthermore, the “Directory” and “Content” available through the “Service” may contain links to other websites, which are completely independent of the “Directory”. The “Directory” makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. “You” agree that “you” must evaluate, and bear all risks associated with, the use of any “Content”, that “you” may not rely on said “Content”, and that under no circumstances will the “Directory” be liable in any way for any “Content” or for any loss or damage of any kind incurred as a result of the use of any “Content” posted, emailed or otherwise made available via the “Service”. “You” acknowledge that the “Directory” does not pre-screen or approve “Content”, but that the “Directory” shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any “Content” that is available via the “Service”, for violating the letter or spirit of the “TOU” or for any other reason.

5. Submissions to the “Directory”

1) The “Directory” shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the “Directory”. The “Directory” does not have an obligation to review posted material in the "Directory” and cannot assure that the material will either be appropriate or appropriately expressed. While the “Directory” may review submissions, it does not assume responsibility for the contents of any submission. The “Directory” may choose not to publish all, or any material submitted to the "Directory" at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, the “Directory” has the right to remove any material that, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable and reserves the right to alter content as appropriate for the medium.

2) "You" shall not e-mail, upload, post or otherwise make available within the "Directory" any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with "you". "You" shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.

3) "You" will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world;

4) "You" understand and agree that the “Directory” shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content by others.

a.  "You" have the sole and exclusive right to grant such rights to the “Directory”

b.  "You" have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing in the content, and from any and all persons who provided art work or any other material appearing in the content;

c.  The rights granted to the “Directory” by "you" will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world;

d.  "You" hereby grant any other user of the site the right to access, view, store or reproduce the content for that user's personal use;

e.   "You" agree to allow use of your name, city and state in publicity or advertising without compensation; and

f.  "You" understand and agree that the “Directory” shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content by others.

g. "You" understand and acknowledge that the "Directory" allows consumers to post ratings and reviews. "You" understand and acknowledge that the "Directory" may identify potentially less helpful reviews, may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. "You" understand and acknowledge  that any purchase of membership level or other paid features from the "Directory" will not influence the "Directory" decision to publish or unpublish such reviews

h. "You" understand and acknowledge that the "Directory" has the right to deny verification of a particular listing, or not publish, on the "Directory", any submitted listing or post, that is in conflict with the following criteria:

  1. Member adherence to the mission of the "Directory"
  2. No "Factual Inaccuracies" posted on any Listing or Post
  3. No "Misrepresentations" in fact, posted on any Listing or Post
  4. No "Inappropriate Content" in fact, posted on any Listing or Post
  5. No "Politically Inflammatory Positions" in fact, posted on any Listing or Post
  6. No "Controversial Positions" in fact, posted on any Listing or Post
  7. All Basic Information on profile is completed and accurate
  8. All Service Details on the profile is completed
  9. Adequate photo/logo is supplied
  10. Website is active and viable
  11. Information provided is accurate and current

6. Third Party Content, Sites and Services

The “Directory” and “Content” available through the “Service” may contain features and functionalities that may link “you” or provide “you” with access to third party content which is completely independent of the “Directory”, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the “Service”, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between “you” and such organizations and/or individuals. “You” should make whatever investigation “you” feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The “Directory” does not guarantee the quality, safety or legality of, any “Content”, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The “Service” is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for the “Directory” to verify information provided by the seller of any item.

“You” agree that the “Directory” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the “Service”. If there is a dispute between users of the “Service”, or between users and any third party, you understand and agree that the “Directory” is under no obligation to become involved. In the event that “you” have a dispute with one or more other users, you hereby forever release the “Directory”, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

7. Privacy and Information Disclosure

The “Directory” may, in its sole discretion, preserve or disclose your “Content”, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by the “Directory’s” Privacy Policy.

8. Conduct

You agree not to post, email, upload, solicit or otherwise make available “Content”:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • that is considered controversial in nature, religious, inflammatory, political, or anything that disrupts public discourse provoking hatred, anger, fear and causing ill will among others;
  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  • that impersonates any person or entity, including, but not limited to, a “Directory” employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to “Content” that constitutes lawful non-deceptive parody of public figures.);
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or “Content” that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains  “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of the “Directory” which are not designated for such purposes;
  • or emailed to the “Directory” users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests, that includes links to commercial services or web sites, except as specifically permitted;
  • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of “Content” (flooding attack) to the “Service”, or that otherwise negatively affects other users’ ability to use the “Service”;
  • or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of “Content” transmitted through the “Service”.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • “stalk” or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by the “Directory”;
  • post irrelevant “Content”, repeatedly post the same or similar “Content” or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum;
  • attempt to gain unauthorized access to the “Directory’s” computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the “Service” or the “Directory”;
  • or use any form of automated device or computer program that enables the submission of “Content” on the “Directory “without such “Content” being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit “Content” in bulk, or for automatic submission of “Content” at regular intervals.

Additionally, as a Healthcare Provider, you agree not to:

Post any health information about services rendered to another individual you represent and that you have legal authority to receive health information about that individual. If you post such health related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of that individual's health related information.

9. Posting Agents

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post “Content” to the “Service” on behalf of others. To moderate demands on the “Directory’s” resources, “you” may not use a Posting Agent to post “Content” to the “Service” without express permission or license from the “Directory”. Correspondingly, Posting Agents are not permitted to post “Content” on behalf of others, to cause “Content” to be so posted, or otherwise access the “Service” to facilitate posting “Content” on behalf of others, except with express permission or license from the “Directory”.

10. Paid Postings

The “Directory” may charge a fee to post “Content” in certain areas of the “Service”. The fee is an access fee permitting “Content” to be posted in a designated area. Each party posting “Content” to the “Service” is responsible for said “Content” and compliance with the “TOU”. All fees paid will be non-refundable in the event that “Content” is removed from the “Service” for violating the “TOU”.  Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

11. No Spam Policy

“You” understand and agree that sending unsolicited email advertisements to “Directory” email addresses or through “Directory” computer systems is expressly prohibited by these “TOU”. Any unauthorized use of “Directory” computer systems is a violation of the “TOU” and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

ExploreHolistic.com maintains a no-solicitation policy covering all members.  In order to provide a distraction-free environment for its members and other attendees, we do not allow direct solicitation of any kind. The directory may not be used to sell or market a business product or service directly to individual members.

You agree not to solicit members directly unless your solicitation is a direct result of having obtained member contact information from another source in the ordinary course of your business.  ExploreHolistic.com  reserves the right to remove any such solicitation, if in violation of these Terms of Use.

12. Limitations of “Service”

“You” acknowledge that the “Directory” may establish limits concerning use of the “Service”, including the maximum number of days that “Content” will be retained by the “Service”, the maximum number and size of postings, email messages, or other “Content” that may be transmitted or stored by the “Service”, and the frequency with which you may access the “Service”. “You” agree that the “Directory” has no responsibility or liability for the deletion or failure to store any “Content” maintained or transmitted by the “Service”. “You” acknowledge that the “Directory” reserves the right at any time to modify or discontinue the “Service” (or any part thereof) with or without notice, and that the “Directory” shall not be liable to “you” or to any third party for any modification, suspension or discontinuance of the “Service”.

13. Access to the “Service”

The “Directory” grants you a limited, revocable, nonexclusive license to access the “Service” for your own personal use. This license does not include: (a) access to the “Service” by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the “Service” nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the “Directory”. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the “Service”, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

The “Directory” does not permit “you” to display on your website, or create a hyperlink on your website to, individual postings on the “Service”, absent express permission granted by the “Directory” to do so. “You” may create a hyperlink to the home page of the “Directory”, so long as the link does not portray the “Directory”, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

The “Directory” may offer various parts of the “Service” in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The “Directory” permits “you” to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the “Service” and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to the “Directory” as the source, (d) your use or display does not suggest that the “Directory” promotes or endorses any third party causes, ideas, web sites, products or services, (e) “you” do not redistribute the RSS feed, and (f) your use does not overburden the “Directory’s” systems. The “Directory” reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the “Service” beyond the scope of authorized access granted to “you” by the “Directory” immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the “Service” or any “Content” made available via the “Service” for other purposes (including commercial purposes) not stated herein, “you” must first obtain a written license from the “Directory” that has been signed by one of the “Directory’s” authorized representatives.

 14. Termination of “Service”

“You” agree that the “Directory”, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the “Service” (or any part thereof), immediately and without notice, and remove and discard any “Content” within the “Service”, for any reason, including, without limitation, if the “Directory” believes that you have acted inconsistently with the letter or spirit of the “TOU”. Further, “you” agree that the “Directory” shall not be liable to you or any third-party for any termination of your access to the “Service”. Further, “you” agree not to attempt to use the “Service” after said termination.

15A. Cancellation of “Service”- Voluntary

“You” do have the right to cancel your “Service” at any time with a refund of fees paid based on the following guidelines:

  1. Silver and Basic Plan Subscriptions
    1. Cancellation will take effect immediately. Once the account is officially canceled, “you” will receive notification of termination of your subscription and profile will be removed from the “Directory”. There are no refunds for this cancellation.
    2. There are no refunds for any published posts. If “you” have submitted a post in error, please contact the “Directory”.
  2. Gold, Platinum, Premium, Preferred, and Holistic Practitioner Plans- Monthly Subscription
    1. Cancellation will take effect at the end of your billing cycle. Once your account is officially canceled, “you” will receive notification and your profile will be removed from the “Directory”. There are no refunds due.
    2. There are no refunds for any published posts. If you submit a post in error, please contact us the “Directory”.
  3. Gold, Platinum, Premium, Preferred, and Holistic Practitioner Plans- Yearly Subscription
    1. If Cancellation occurs within the first 30 days of your subscription, “you” will be refunded the amount you paid for your membership less a 20% processing fee. Your profile will be removed immediately upon refund. If cancellation occurs after 30 days of initial subscription, “you” will receive no refund, but your profile will remain on the site until the end of your current term unless otherwise requested.
    2. There are no refunds for any published posts. If you submit a post in error, please contact the “Directory”.

15B. Cancellation of “Service”- In-Voluntary  (Administrative)

The “Directory” has the right to cancel your “Service” if in violation of the “Directory’s” “Terms of Use” with a refund of fees paid based on the following guidelines:

  • Silver and Basic Plan Subscriptions
    1. Cancellation will take effect immediately. Once the account is officially canceled, “you” will receive notification and your profile will be removed from the directory. There are no refunds for this cancellation.
    2. There are no refunds for any published posts. If you submit a post in error, please contact the “Directory”.
  • Gold, Platinum, Premium, Preferred, and Holistic Practitioner Plans- Monthly Subscription
    1. The refund depends on the number of days since initial sign up:
      1. 1 - 30 days: 85% refund
      2. 31 - 60 days: 70% refund of all subscription dues paid until the present day
      3. 61 - 90 days: 50% refund of all subscription dues paid until the present day
      4. 91 - 120 days: 20% refund of all subscription dues paid until the present day
      5. 121+ days: No Refund for prior months; you will be entitled to a 50% refund for the current month only.
    2. Once your account is officially canceled, you will receive notification and your profile will be removed from the “Directory”. Any eligible refunds will be processed within 7-10 business days
    3. There are no refunds for any published posts. If you submit a post in error, please contact the “Directory”.
  • Gold, Platinum, Premium, Preferred, and Holistic Practitioner Plans- Monthly Subscription
    1. The refund depends on the number of days since initial sign up:
      1. 1 - 30 days: 85% refund
      2. 31 - 60 days: 70% refund of all subscription dues paid until the present day
      3. 61 - 90 days: 50% refund of all subscription dues paid until the present day
      4. 91 - 120 days: 20% refund of all subscription dues paid until the present day
      5. 121+ days: No Refund for prior months; you will be entitled to a 50% refund for the current month only.
    2. Once your account is officially canceled, you will receive notification and your profile will be removed from the “Directory”. Any eligible refunds will be processed within 7-10 business days
    3. There are no refunds for any published posts. If you submit a post in error, please contact the “Directory”.

15C.  “Service”- On Hold

  1. The “Directory” reserves the right to evaluate the contents of its members’ posts. If the “Directory” finds content in an account that does not align with the site’s “Terms of Use”, the account will be placed On Hold.  When an account is On Hold, profiles and posts are not searchable. There are two reasons why an account would be placed on hold:
    1. Incomplete billing information
    2. Administrative review.
  2. If your account is placed On Hold, as a result of Administrative Review, “you” will receive an Account Action Form. Users that fail to adequately address the issues presented in the Account Action Form after 30 days will have their account terminated and refunds distributed per guideline stated in 15A and 15B.

16. Proprietary Rights

The “Service” is protected to the maximum extent permitted by copyright laws and international treaties. “Content” displayed on or through the “Service” is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the “Directory”. “You” further agree not to reproduce, duplicate or copy “Content” from the “Service” without the express written consent of the “Directory”, and agree to abide by any and all copyright notices displayed on the “Service”. “You” may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the “Service”. Without limiting the foregoing, “you” agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the “Service”. The “Directory”, as well as certain other of the names, logos, and materials displayed on the “Directory”, constitute trademarks, trade names, service marks or logos (“Marks”) of the “Directory” or other entities. “You” are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with the “Directory” or those other entities.

Although the “Directory” does not claim ownership of content that its users post, by posting “Content” to any public area of the “Service”, “you” automatically grant, and “you” represent and warrant that “you” have the right to grant, to the “ Directory” an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said “Content” and to prepare derivative works of, or incorporate into other works, said “Content”, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting “Content” to any public area of the “Service”, “you” automatically grant the “Directory” all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the “Content” on the “Service” by any party for any purpose.

17. Disclaimer of Warranties

“You” AGREE THAT USE OF the “Directory” AND THE “SERVICE” IS ENTIRELY AT YOUR OWN RISK. The “Directory” AND THE “SERVICE” ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, the “Directory” DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF the “Directory” AND THE “SERVICE”. TO THE FULLEST EXTENT PERMITTED BY LAW, the “Directory” DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON the “Directory “ OR THE “SERVICE”, OR ACCESSED THROUGH ANY LINKS ON the “Directory” OR THE “SERVICE”, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, the “Directory” DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH the “Directory” OR THE “SERVICE”. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the “Directory, OR THROUGH THE “SERVICE” SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

18. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL the “Directory” BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF the “Directory” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF the “Directory” OR THE “SERVICE”, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF the “ Directory” OR THE “SERVICE”, FROM INABILITY TO USE the “Directory” OR THE “SERVICE”, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF the “Directory” OR THE “SERVICE”. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH the “Directory” OR THE “SERVICE” OR ANY LINKS ON the “Directory” OR THE “SERVICE”, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH the “Directory” OR THE “SERVICE” OR ANY LINKS ON the “Directory”. 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 limitation may not apply to you.

19. Indemnity

“You” agree to indemnify and hold the “Directory”, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of “Content” you submit, post or make available through the “Service”, your use of the “Service”, your violation of the “TOU”, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Any opinions, advice, statements, services, offers, or other information or “Content” expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of the “Directory”. In many instances, the “Content” available through the "Services" represents the opinions and judgments of the respective information provider or user. The “Directory” neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the "Services" by anyone other than authorized “Directory” employee spokespersons while acting in their official capacities.. 

"You" understand and acknowledge that the "Directory" allows consumers to post ratings and reviews.  The "Directory" does have the right to identify potentially less helpful reviews a and may sometimes suppress legitimate reviews.  The "Directory" may, at times, fail to detect an illegitimate or less than helpful review.  If the "Directory" fails to identify a potentially less helpful review, or suppresses a legitimate review, or fails to detect an illegitimate review, the "Directory" will not be held liable for failure to do so.

20. General Information

The “TOU”, and any additional terms to which “you” agree when using particular elements of the “Service”, constitutes the entire agreement between “you” and the “Directory” and governs your use of the “Service”, superseding any prior agreement between “you” and the “Directory”. The failure of the “Directory” to exercise or enforce any right or provision of the “TOU” shall not constitute a waiver of such right or provision. If any provision of the “TOU” 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 “TOU” 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 “Service” or the “TOU” must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. Violation of Terms and Liquidated Damages

Please report any violations of the “TOU” by sending an email to info@exploreholistic.com.

Our failure to act with respect to a breach by “you” or others does not waive our right to act with respect to subsequent or similar breaches.

“You” understand and agree that, because damages are often difficult to quantify, if it becomes necessary for the “Directory” to pursue legal action to enforce the “TOU”, “you” will be liable to pay the “Directory” the following amounts as liquidated damages, which “you” accept as reasonable estimates of the “Directory’s” damages for the specified breaches of the “TOU”:

If “you” post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay the “Directory” one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If the “Directory” establishes limits on the frequency with which “you” may access the “Service”, or terminates your access to or use of the “Service”, “you” agree to pay the “Directory” one hundred dollars ($100) for each message posted in excess of such limits or for each day on which “you” access the “Directory” in excess of such limits, whichever is higher.

If “you” send unsolicited email advertisements to the “Directory” email addresses or through the “Directory” computer systems, “you” agree to pay the “Directory” twenty-five dollars ($25) for each such email.

If “you” post “Content” in violation of the “TOU”, other than as described above, “you” agree to pay the “Directory” one hundred dollars ($100) for each item of “Content” posted. In its sole discretion, the “Directory” may elect to issue a warning before assessing damages.

If “you are a Posting Agent that uses the Service in violation of the “TOU”, in addition to any liquidated damages under clause (d), you agree to pay the “Directory” one hundred dollars ($100) for each and every item of “Content” posted in violation of the “TOU”. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the “Service” (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the “TOU”) agrees to pay the “Directory” an additional one hundred dollars ($100) for each item of “Content” posted by the Posting Agent on behalf of the principal in violation of the “TOU”.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any “Content” (except for your own “Content”) in violation of the “TOU” without the “Directory’s” express written permission, “you” agree to pay the “Directory” three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the “TOU”, the “Directory” retains the right to seek the remedy of specific performance of any term contained in the “TOU”, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the “TOU”, or to seek to recover damages arising from or relating to a violation of this “TOU” or any combination thereof.

22. Viruses

The “Directory” also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the "Services" or your downloading of any materials, data, text, images, video, or audio from the “Services”.

23. Export Control

Software and other materials from the "Services" may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No content from the "Services" may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The “Directory” does not authorize the downloading or exportation of any software or technical data from the "Services" to any jurisdiction prohibited by the United States Export Laws.

24. Business Associates

The business associates of the “Directory” identified on the "Services" are independent contractors of the “Directory”. The business associates are not partners of the “Directory”. No employee or representative of the business associates is under the control of the “Directory”.

25. Links

The "Services" incorporate links to other Web sites. The “Directory” does not in any way endorse, nor is it responsible for, the content on those other Web sites.

26. Changed Terms

The “Directory” has the right at any time to change or modify the terms and conditions applicable to use of the "Services", or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the "Services", or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the "Services". Any use of the "Services" by "you", including without limitation, your continued submission of content to the "Services", after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. If any modification to these Terms of Use is unacceptable to you, you may immediately terminate your use of the "Services".

27. Feedback

We welcome your questions and comments. Please send them to info@exploreholistic.com.

28. Terms of Use for All Services

The “Directory” offers a variety of “Services” as a convenience to its participating members interested in engaging as a professional to perform or receive “Services” or information about such “Services”.

As a condition to your use of the “Services” and as material inducement on the part of the “Directory” and its Affiliates to offer the “Services”, you expressly acknowledge and agree that:

Use of the “Services” are at your sole risk. The “Directory” and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

  • For Consumers:

a) the Services

b) the Practitioner

c) the Services to be performed by any Practitioner.

    • a) your use of the Services
    • b) the engagement by you of any Practitioner
    • c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Practitioner’s agents, vendors, consultants and the like
    • d) any other matter relating to the Services.

- In no event will the “Directory’s” liability to “you” for any reason whatsoever exceed in the aggregate the sum of $25.00.

- The “Directory” and its Affiliates do not provide, nor will they provide, any service to or for you, nor is the “Directory” and its Affiliates a party to any agreement which “you” may enter into with a Practitioner. If you engage the services of any Practitioner, all arrangements in such regard are solely between “you” and the concerned Practitioner.

- If any of the above “Terms of Use” are found by a court of competent jurisdiction to be invalid, all of the other provisions of the “Terms of Use” shall remain in full force and effect.

·        For Professionals:

a) the “Services”

b) the Consumers

c) the agreement between “you” and the Consumer.

d)The “Directory”, its Officers, Directors, Members and Employees, as well as “Directory” Affiliates, shall not be liable to “you” for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of your “Services”

b) the engagement of “you” by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by “you” or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the “Services”.

- In no event will the “Directory’s” liability to “you” for any reason whatsoever exceed in the aggregate the sum of $25.

- The “Directory” and its Affiliates are not a party to any agreement which “you” may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between “you” and the concerned Consumer.

- If any of the above “Terms of Use” are found by a court of competent jurisdiction to be invalid, all of the other provisions of the “Terms of Use” shall remain in full force and effect.

Questions about our services programs may be directed to: info@exploreholistic.com

The “Directory”, its Officers, Directors, Members and Employees, as well as “Directory” Affiliates, shall not be liable to “you” for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

29. Brand Agreement

Legal Disclaimer: By logging in to your “Directory” account, “you” are agreeing to the terms below and “you” are stating that “you” have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If “you” do not agree to the terms, or if “you” do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and the “Directory”. (“Directory”), together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to the “Directory” the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on the “Directory” and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website the “Directory” at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the “Content” at any time, but the “Directory” retains full discretion regarding what “Content” (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the “Content” necessary for the “Directory” to exercise the rights granted hereunder, that the “Content” is accurate and representative of my products, and that I will update my “Directory” account with any updates to the “Content” necessary to keep such “Content” accurate and representative of my products. The “Directory” and Affiliated Sites are not responsible for any damages associated with the “Content” or its interpretation.

3) Fees:

Membership: Price as stated on the “Directory” at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30-day billing cycle. All yearly payments are paid upfront at the beginning of the 365-day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.

4) Length of Contract:

This Agreement is valid up to and until I cancel my account.

5) Billing:

In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, the “Directory” may attempt to contact me to determine updated account information. The “Directory” will wait thirty (30) days before canceling my membership.

6) Termination:

I may request termination of this agreement at any time.  Termination will take effect upon the end of the last day of my billing cycle.  The “Directory” may terminate this agreement at will.  In the event the “Directory” terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

End Agreement.

30. Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Pennsylvania without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Philadelphia County in the State of Pennsylvania each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. No waiver by the “Directory” of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.