TERMS & CONDITIONS OF USE
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 If any inaccurate, outdated, or unauthorized information is submitted by you, Abundant Health reserves the right to terminate your access and use of the Abundant Health Websites.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.
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.
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), email@example.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.
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.
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.
Copyright © Abundant Health Resources, Inc. – Revised February 12, 2011