TERMS & CONDITIONS OF USE

HEALTH WEBSITES

By accessing or using any of the Internet properties and/or websites of Dr. James Mally, Abundant Health Resources Inc. (www.abundantheath.com), Hands on Healing and the Massage Technique Database (collectively referred to herein simply as “Abundant Health,” “Abundant Health Websites,” or “Abundant Health Content”), you agree to comply with and be bound by these Terms & Conditions of Use (“Terms of Use”). Read these Terms of Use carefully as well as Abundant Health’s Legal Disclaimer and Privacy Policy which are incorporated herein by reference. If you do not agree to these Terms of Use, the Legal Disclaimer and the Privacy Policy, you should immediately terminate use of the Abundant Health websites.

1. License Granted. Abundant Health grants you a personal, non-exclusive, limited, revocable, non-transferable license to access and use the Abundant Health Websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use any information, materials, and/or instruction contained on the Abundant Health Websites for your informational, personal, as well as commercial use. However, the Abundant Health’s Websites and/or Content may not be downloaded, reproduced, or transmitted in any form or by any means without the prior written consent of Abundant Health. Please see the Legal Disclaimer for additional information on the prohibited and approved uses of any content contained on the Abundant Health Websites. Abundant Health reserves the right to bar, restrict or suspend any user’s access to the Abundant Health Websites, and/or to terminate this license at any time for any reason. Abundant Health reserves any rights not explicitly granted in these Terms of Use or in the Legal Disclaimer.

2. License Restrictions. You may not (i) use Abundant Health Websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Abundant Health Websites, including Abundant Health Content; (ii) interfere with the proper working of the Abundant Health Websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Abundant Health Websites.

3. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to Abundant Health’s operation and management of the Abundant Health Websites, with your use of the Abundant Health Websites, and that you will not interfere with the use and enjoyment of the Abundant Health Websites by other users. You will provide accurate, current, and authorized information when submitting information or materials on the Abundant Health Websites, including without limitation, information provided for subscription registration and payment of products and/or services. If any inaccurate, outdated, or unauthorized information is submitted by you, Abundant Health reserves the right to terminate your access and use of the Abundant Health Websites. You warrant that you will not impersonate any other person or entity when using the Abundant Health Websites, or defame or otherwise harm any party, including Abundant Health, through your use of the Abundant Health Websites.

4. Abundant Health’s Policies; Additional Terms & Conditions. Abundant Health’s Legal Disclaimer, Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Abundant Health Websites (collectively “Additional Terms & Conditions”) are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms & Conditions for the activity in which you choose to participate, the Additional Terms & Conditions shall govern. (See Clause 27.)

5. Click-Wrap Agreements. Before using certain areas of the Abundant Health Websites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “Okay,” “I Accept,” “I Agree” or other similar words acknowledging your consent or acceptance of a Click-Wrap Agreement. To the extent there is a conflict between these Terms of Use and any Click-Wrap Agreement for the activity in which you choose to participate, the Click-Wrap Agreement will govern. (See Clause 27.)

6. Acceptance of Terms. BY USING THE ABUNDANT HEALTH WEBSITES YOU AGREE TO THE TERMS OF USE. These Terms of Use constitute a legally binding agreement between you and Abundant Health regarding your use and access to the Abundant Health Websites. Therefore, Abundant Health Websites are available only to individuals who can enter into legally binding contracts under applicable law.

7. Modifications to Terms of Use. Abundant Health reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Abundant Health Websites. Your use of the Abundant Health websites signifies your acceptance of all the terms & conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Abundant Health websites for any modifications.

8. Term and Termination. These Terms of Use will take effect at the time you begin using the Abundant Health Websites. Abundant Health reserves the right, with or without notice, at any time and for any reason, to deny you access to the Abundant Health Websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Abundant Health Websites, but all applicable provisions of these Terms of Use will survive such termination.

9. Personal Login Information. Certain areas and features of the Abundant Health Websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential as it is personal to you. You may not allow any third party to use it under any circumstances. Abundant Health is not liable for any harm related to or caused by the disclosure, misappropriation, theft, or unauthorized use of your Personal Login Information. You should contact Abundant Health immediately if there has been any unauthorized use of your Personal Login Information or if there has been any security breach in which you believe your Personal Login Information may have been compromised.

10. Privacy Policy. For information about Abundant Health’s protection and use of your personal information and Abundant Health’s data protection and use practices, please read Abundant Health’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

11. Responsibility/Risk for Use of the Internet and Abundant Health Websites. Use of the Internet and the Abundant Health Websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Abundant Health does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Abundant Health Websites over the Internet or other communication network. You assume all risk for any damage to your computer system or loss of data that results from use of, or obtaining any content from, Abundant Health Websites, including without limitation, any damages resulting from computer viruses. Abundant Health shall not be obligated to correct or update the Abundant Health Websites or the Abundant Health Content and Abundant Health shall not be liable for typographical errors, out-of-date information, or omissions which may appear on the Abundant Health Websites. Please see Legal Disclaimer for more information.

12. Third Party Information. The Abundant Health Websites may feature information, materials, products and services provided by third parties. Any such information, including but not limited to statements, opinions, advice, articles, videos, products, services, offers or other information made available by third parties, such as other users and content providers of the Abundant Health Websites, are those of the respective third party and not of Abundant Health or its Owners. Abundant Health makes no representations with respect to, nor does it endorse or guarantee, the quality, reliability, accuracy, completeness, timeliness, or non-infringement of such third party information, materials, products or services.

13. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe in good faith that any Content, User Submission and/or Information Location Tool (including reference, pointers and hypertext links) contains material that infringes upon your copyrights, you may submit written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512).

14. Copyright Infringement Notification. Such notification of copyright infringement should contain the following information:

  • A physical or electronic signature of the owner or of a person authorized to act on behalf of the owner of the work or exclusive right allegedly infringed;
  • Identification/description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works, a representative list of such works;
  • Identification/description of the material or information reference tool (i.e. reference or link) that is claimed to be infringing or is the subject of infringing activity and where the material and/or information location tool is located on the website (please provide a URL);
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement under penalty of perjury that the information in the notification is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner of the work or exclusive right allegedly infringed.

15. Filing Copyright Infringement Counter Notice. Such written notice should be sent to Abundant Health’s designated agent James Mally at 8421 Auburn Boulevard, Suite #275, Citrus Heights, CA 95610 (address), (916) 242-0045 (phone), (888) 880-1673 (fax), jmally@abundanthealth.com (e-mail).

16. Removing or Disabling Allegedly Infringing Material; Notification to Alleged Infringer. Upon receiving said Copyright Infringement Notice, Abundant Health shall remove or disable the allegedly infringing material and will notify the alleged infringer of such removal or disabling. Please note, Abundant Health may send a copy of the Copyright Infringement Notification to the person who provided the allegedly infringing content.

17. Penalties for False Claims of Infringement. Section 512(f) of the DMCA provides liability for damages for any person who knowingly materially misrepresents that material or activity is infringing.

18. Counter-Notification. If the alleged infringer believes that his/her User Submission that was removed or to which access was disabled is not infringing, or that he/she has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law to post and use the content in his/her User Submission, the alleged infringer may send a Counter-Notice containing the following information to the Copyright Agent.

  • The alleged infringer’s physical or electronic signature;
  • Identification/description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled (provide a URL if possible);
  • A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
  • The alleged infringer’s contact information (name, address, telephone number, and e-mail address);
  • A statement that the alleged infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the address above is located, or if he/she is outside the U.S., for any judicial district in which Abundant Health may be found, and a statement that the alleged infringer will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notice is received by the Copyright Agent, Abundant Health will notify the original complaining party and will send a copy of the Courter-Notice to said party and inform that person that Abundant Health will replace the removed material or cease disabling access to it in ten (10) business days.

19. Put Back Procedure. After notifying the complaining party of a Counter-Notice, Abundant Health will replace the removed material or cease disabling access to it 10-14 business days following receipt of said Notice unless Abundant Health’s designated agent receives notice from the complaining party that he has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the removed material.

20. Penalties for Misrepresentations. Under Section 512(f) of the Copyright Act, penalties are provided for knowing material misrepresentations in either a Copyright Infringement Notice or Counter-Notice. Any person who knowingly materially misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification may be subject to liability for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its authorized licensee, and/or Abundant Health.

21. Termination of Repeat Infringers. Please also be advised that Abundant Health enforces a policy that provides for the termination in appropriate circumstances of Users/Subscribers who are repeat infringers.

22. Disclaimer of Third Party Content. Abundant Health does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. Abundant Health is providing User Submissions for informational purposes only. Abundant Health expressly disclaims any and all liability in connection with User Submissions. Please see Legal Disclaimer.

23. Advertisers. The Abundant Health Websites may contain advertisements of third parties. Such advertisements on the Abundant Health Websites do not imply endorsement of the advertised products or services by Abundant Health. Abundant Health shall not be responsible for any loss or damage of any kind incurred as a result of the existence of such advertisements on the Abundant Health Websites. In addition, Abundant Health shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Abundant Health Websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

24. Links to Third Party Websites. The Abundant Health Websites may provide links (including online banner advertisements) to other websites. These other sites are maintained by third parties over which Abundant Health exercises no control, therefore, Abundant Health is not responsible for the information, content or practices of these or any other sites. Abundant Health’s Terms of Use and Privacy Policy are not applicable to these third party websites. Providing such third party links is for your convenience only, and is not intended as an endorsement of any particular company or product. If you decide to access any of the third party sites linked to the Abundant Health Websites, you do so entirely at your own risk. You should review any accessed third party websites’ policies, including any terms & conditions, privacy policies, and legal disclaimers, before using any linked third party websites.

25. Links to Abundant Health Websites and Content. Links posted by third parties to the Abundant Health Websites and/or Abundant Health Content may not use the Abundant Health logo or trademark and shall not suggest that Abundant Health endorses or promotes any third party information, products, services, websites, content, causes, campaigns, or business relationships. Any links to any portion of the Abundant Health Websites shall be the responsibility of the linking party. Abundant Health reserves the right to require any linking party to disable or remove any link that violates Abundant Health’s rights or causes deterioration or interruption of Abundant Health Content.

26. Contact Information. If you have any questions, problems or concerns regarding these Terms of Use or the Abundant Health Websites, please visit our “Contact Us” page.

27. Limitation of Liability. In the event you are dissatisfied with, dispute, or do not agree to these Terms of Use, the Abundant Health Websites and/or the Abundant Health Content, your exclusive remedy and sole right is to terminate your use of the Abundant Health Websites. You acknowledge that Abundant Health has no other obligation, responsibility or liability to you or any other party.

28. Medical Disclaimer. The Abundant Health Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the advice of a physician or of a licensed massage therapist. See Legal Disclaimer for more information.

29. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Abundant Health, it’s Owners, employees, agents and/or representatives from and against all claims and controversies arising from, or in any way related to, your use of the Abundant Health Websites and/or Abundant Health Content, your violation of these Terms of Use, or any other actions connected with your use of the Abundant Health Websites and/or Abundant Health Content, including any liability, losses, damages (actual and consequential), lawsuits, judgments, expenses, costs and attorneys fees. Abundant Health will provide prompt written notice of any such claims should they arise. However, failure to provide such notice will not discharge you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure. Nor will such failure of notification discharge you from any other liability or obligation that you may have to Abundant Health or its Owners, employees, agents, and/or representatives under these Terms of Use.

30. Dispute Resolution.Any dispute, claim or controversy arising out of or relating to these Terms of Use (“Claim”) shall be submitted to binding arbitration pursuant to the Commercial Rules of the American Arbitration Association (“AAA”) before a single, impartial arbitrator, mutually agreed upon by both Parties, knowledgeable in new media and contract law. The arbitration shall be held in Sacramento, California. The arbitrator’s award shall be final, binding and unappealable. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Abundant Health reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

31. Choice of Venue. The Small Claims Court in Sacramento, California shall have exclusive jurisdiction under any claim or controversy for an amount within the limits of said court. The courts of the State of California and/or the United States District Court for the Eastern District of California shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.

32. Governing/Choice of Law. These Terms of Use and all matters regarding your use of the Abundant Health Websites shall be governed by, construed in accordance with, and enforced under the laws of the State of California applicable to contracts made and executed and wholly performed in the State of California, without regard to choice of law principles. Neither the United Nations Convention on Contracts for International Sale of Goods nor the Uniform Computer Information Transaction Act applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

33. Use of Abundant Health Websites and Abundant Health Content outside of the United States. Abundant Health makes no claims regarding access or use of the Abundant Health Websites or the Abundant Health Content outside of the United States. If you use or access the Abundant Health Websites or the Abundant Health Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

34. Waiver. The failure of Abundant Health to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If Abundant Health fails to exercise or delays exercising any of its rights or remedies under this Agreement, Abundant Health still retains the right to enforce that term or provision at a later time.

35. Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable any invalidity, illegality or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid, illegal or unenforceable. Such provision shall be modified, amended or limited only to the extent necessary to render it valid, legal and enforceable.

36. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms & Conditions incorporated by reference (including but not limited to the Legal Disclaimer and Privacy Policy), as well as any Click-Wrap Agreement, constitute the entire agreement between you and Abundant Health relating to the Abundant Health Websites and its use by you, and supersedes any previous written or oral communication regarding use of the Abundant Health’s Websites.

Copyright © Abundant Health Resources, Inc. – Revised February 12, 2011