Another Look at Healing, LLC
LAST UPDATED: June 20, 2016
These Terms of Use & Privacy Policy (“Terms”) govern the use of this website, www.PracticeDevelopmentCoaching.com, (“Site”) and represent a legally binding contract with respect to the purchase and sale of our products and services to you (“Customer”) through the Site. By accessing this Site, the Customer acknowledges and agrees that it has read and understands these Terms and that it accepts and agrees to be bound hereby. DO NOT USE THE SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS. Another Look at Healing, (the “Business”) reserves the right to modify these Terms from time to time without notice, and such changes will be effective upon posting on the Site. We therefore encourage Customer to carefully review these Terms regularly.
COPYRIGHT & TRADEMARKS
The Business owns the Site. The Business owns and/or has rights in and to all wallpaper, icons, characters, artwork, images, graphics, music, text, domain names, software and other content of the Site (“Content”), and all HTML, CGI and any and all other code and scripts in any format used to implement the Site (“Code”). Customer acknowledges and agrees that the Business has all copyright and ownership rights with respect to the Content and Code. All users and/or viewers of the Site are strictly prohibited from copying, modifying, uploading, downloading, transmitting, republishing, displaying for redistribution for commercial purposes or otherwise, reverse engineering, and/or creating derivative works, translations and/or adaptations of the Content and/or the Code (including with respect to our products and services advertised or sold on the Site) without the prior written consent of the Business. Any and all such violations would be a breach of contract and infringement of the Business’s rights and violators will be prosecuted under U.S. copyright and other applicable laws.
The Business owns all products and services, including but not limited to, the methods, processes and procedures set forth in the products and services, on the Site. The products and services purchased are for personal use only. All Customers are prohibited from copying, modifying, uploading, transmitting, republishing, displaying for redistribution for commercial purposes or otherwise, reverse engineering, and/or creating derivative works, translations and/or adaptations of the Business’s products and services.
Customer may not use any of the Business trademarks or trade dress without the Business’s prior written permission. Trademarks and/or trade dress include, but are not limited to, the Business name and logos, and other graphics, color schemes, logos, page headers, button icons, scripts, trade names, service names and other identifiers of product/service origin of the Business’s products and services, services, and programs. Any other trademarks that appear on the Site are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. Another Look at Private Practice, Practice Development Coaching is a protected mark of ANOTHER LOOK AT HEALING, LLC.
Subject to these terms, we grant to Customer the limited, non-exclusive, non-transferable right to access, view, use and display the Site and the Content on Customer’s computer or other device for Customer’s personal, educational, non-commercial use only. Customer may electronically copy and/or print “hard copies” from the Site solely for Customer’s personal, educational, non-commercial purposes related to placing an order or personal shopping on the Site. Any other use of any Content included on the Site, including linking or framing to this website, is strictly prohibited unless Customer first obtains our prior written consent. Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of the Business.
TERMS APPLYING TO PURCHASE AND SALE OF OUR PRODUCTS AND SERVICES:
PURCHASING PRODUCTS AND SERVICES
Customer may order products and services from our Site only if Customer is of age of majority in its jurisdiction and is an authorized signatory for Customer. Accordingly, Customer hereby represents and warrants that it is the age of majority and/or has authority to enter into these Terms. There are no cancellations. All orders placed on the Site will be processed once Customer completes the checkout process. However, we will do our best to accommodate Customer if changes are necessary. Please contact us within 24 hours from the date of order.
Sales made through the Site are commercial transactions between the Business and Customer.
PRODUCTS AND SERVICES PRICING INFORMATION
Products and services displayed may be discontinued, and prices are subject to change. Accordingly, this Site does not constitute a binding offer to sell products and services described herein. Subject to the foregoing, prices are quoted in U.S. dollars. The price payable by Customer will be the price the Business sets forth in its Order Confirmation. All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges, shipping and handling (unless otherwise stated) of any kind imposed by any governmental authority on any amounts payable by Customer. The Order Confirmation shall separately state the amount of any taxes, duties, and other charges applicable. Customer is responsible for all charges, costs and taxes.
PAYMENT AND SETTLEMENT
Payment is due at time of order. Payment may be made via PayPal. In the event Customer pays via PayPal, Customer shall comply with all PayPal policies. We reserve the right to refuse any order placed through the Site. The Business may, in its sole discretion, limit or cancel quantities of products and services purchased per order. In the event that we make a change to or cancel an order, we will attempt to notify Customer by contacting the email and/or billing address/phone number provided at the time the order was made.
The Business is in no way affiliated with or related to PayPal. The Business shall in no way be involved in, be a part of, or be liable for any actions or inactions taken or not taken by either PayPal or Customer in connection with payment for the products or services through PayPal. Customer hereby acknowledges and agrees to indemnify the Business from any and all damages, costs, and/or fees incurred by Business as a result of Customer’s use of PayPal services. The Business is not responsible and shall not be held liable whatsoever for any damage or loss caused or incurred in association with the use of PayPal’s services. The Business encourages you to visit PayPal’s website to review their terms of use and other policies before using the Site.
ACCOUNTS AND PERSONAL INFORMATION
Customer acknowledges that creating an Account on the Site, and/or using the Cart for a purchase requires sharing of personally identifiable information. The use of such information by the Business is governed by our Privacy Policy, which may be found in the Privacy Policy section below; however, and without limiting the aforementioned policy, by purchasing from the Site, Customer agrees that we may share information with third parties concerning Customer and its transactions to process transactions, to prevent fraud, to obtain credit card information, or to collect an unpaid debt. Customer agrees to provide only accurate and current information, and Customer assumes all responsibility for all activities that occur under its Account. The Business reserves the right, in its sole discretion and without prior notice to Customer, to suspend or terminate Customer’s Account or to restrict access to the Site for any reason.
If you respond to the Business with any information, including, but not limited to feedback, data, questions, comments, suggestions or the links, such information shall NOT be deemed confidential and shall be deemed the property of the Business. The Business will not be liable for any use and/or disclosure of such information and will be free to reproduce, use, disclose or distribute the information to others without limitation. The Business will be free to use any ideas, concepts, know-how or techniques contained in such information for any purposes whatsoever, including, but not limited to, developing manufacturing and/or marketing products and services which incorporate or otherwise rely on such information.
SHIPMENT & DELIVERY
Shipment, delivery, place of performance and payment is in Gaithersburg, Maryland. The Business will deliver products and services electronically by e-mail. Once Customer places purchase information, an e-mail will be sent to Customer containing a hyperlink to download the purchased product. Should any technical difficulties arise with the delivery, please contact us within 24 hours from the date of order.
Where goods are supplied for export, Customer is responsible for complying with any and all U.S. export laws as well as any import regulations in the country of destination and for paying any import duties.
When a date of delivery is specified, such date shall only be taken as an estimate. Conditions of delivery are not guaranteed. Customer is obligated to accept partial deliveries.
RETURNS & EXCHANGES
The Business does not offer any refunds or exchanges of its products and services. All purchases are final.
DISCLAIMER OF WARRANTY
YOU AGREE THAT USE OF THE BUSINESS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BUSINESS SITE 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 IS EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BUSINESS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BUSINESS SITE AND THE SERVICE.
The Business does not warrant that the Site is free from computer viruses, bugs or other harmful components. The Business does not warrant that the functions contained in the material, Content and/or Code will be uninterrupted or error-free or that errors will be detected or corrected. The Business does not assume any liability or responsibility for accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. The Business does not have any duty to update the Site or modify the Content and/or Code. The Business shall not be liable for its failure to update such information.
LIMITATION OF LIABILITY
While the Business attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors displayed on the Site. The Business reserves the right to make corrections and changes to the Site at any time without notice. The Business does not claim that this information on the Site is appropriate to your jurisdiction or that the products and services described on the Site will be available for purchase in all jurisdictions.
THE BUSINESS IS NOT AND SHALL NOT IN ANY WAY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR USE) EVEN IF SUCH DAMAGES WERE FORESEEABLE. THE BUSINESS’S MAXIMUM LIABILITY FOR ANY CAUSE OF ACTION HEREUNDER OR OTHERWISE ARISING IN CONNECTION WITH THE SALE OF ITS MERCHANDISE SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCTS AND SERVICES PURCHASED BY CUSTOMER.
INDEMNIFICATION
You hereby agree to indemnify and hold harmless the Business and its affiliates, officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and/or suppliers (each an “Indemnitee” or, collectively, the “Indemnitees”) from and against any and all losses, liabilities, expenses, damages and costs, including, but not limited to, court costs and reasonable attorneys’ fees incurred by any Indemnitee or Indemnitees, arising or resulting from your use of the Site and/or any violation of these Terms, or from Customer’s use of PayPal services. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including, but not limited to court costs and reasonable attorneys’ fees, incurred by any Indemnitee or Indemnitees from such disruption. The Business reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case you agree to fully cooperate with the Business in the defense of such matter.
GENERAL
Nothing herein will be deemed to create a joint venture, partnership, franchise or any other type of business association between the parties.
No waiver, amendment or modification of these Terms shall be valid, enforceable or binding upon the Business unless expressly agreed to in writing prior by the Business.
Any notice hereunder made by email shall also be sent by via Federal Express, United Parcel Service, or Certified or Registered Mail, return receipt requested.
If any provision herein is invalid, illegal, or incapable of being enforced by reason of any rule of law, statute, regulation, or public policy, then the invalid, illegal or otherwise inappropriate part of such provision shall be deemed deleted, ab initio, and the provision shall be revised to the extent legally permissible to reflect the original intention of the parties and, to the maximum extent possible, the remainder of such provision and all other provisions of this Agreement shall nevertheless remain in full force and effect.
If the Business is required to take collection action against Customer, Customer shall pay the Business’s costs and expenses, including any and all reasonable attorney’s fees, associated with such action.
Any and all claim(s) or cause of action arising out of or related to the Business must be filed within six (6) months after such claim or cause of action arose or is forever barred, both at law and in equity.
Customer expressly agrees that any litigation concerning the Business, its good or products and services shall be governed by Maryland law without application of its Conflict of Law provisions, and venue shall lie exclusively in a Court in Montgomery County, State of Maryland.
The Terms, in conjunction with any and all other Site agreements, collectively constitute the entire agreement and understanding between you and the Business with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial and/or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records original generated and maintained in printed form.
PRIVACY POLICY:
The Business respects the privacy of its users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe to you, as an individual who is a user of the Business, or our services, or those who otherwise provide us with personal information through various means, how that information collected from you may be used, with whom it may be shared, and your choices about such uses and disclosures. This Privacy Policy may be updated by the Business from time to time. We encourage the Customer to check the Site regularly for updates.
WHAT WE COLLECT
The Business collects and uses your email address(es) for purposes such as sending self-published and confirmation emails, authenticating user accounts, notifications, etc.
The Business collects contact information, such as name(s), phone/fax number(s), and address(es) primarily for billing and other internal purposes.
The Business does not collect any financial information, such as bank account numbers and/or credit card numbers.
USE OF INFORMATION
Information collected by the Business from you is used for internal purposes and is not knowingly or intentionally released to a third-party for the third-party’s marketing efforts.
The Business may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce its Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of the Business, its users, or the general public.
The Business may disclose information when we find it appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions, or other agreements or policies.
The Business does not allow or run any commercial ads. We do not engage in cross-marketing or link-referral programs with other sites.
PRIVACY PROTECTION AND SECURITY
Although the Business makes good faith efforts to store the information in a secure operating environment that is not available to the public, it cannot guarantee complete security and Customer will not hold the Business responsible for any cyber breach. We encourage you to let us know immediately if you suspect that the information you share with us is being used in any way contrary to this Privacy Policy. Unfortunately, no data transmission over the Internet or the storage of information on servers can be guaranteed to be 100% secure and while we strive to protect your personal information, as described herein, we cannot guarantee or warrant its complete security. To contact us, please send an email to: AnotherLook@nullHealingLLC.com
Any third parties to whom we may disclose personal information may have their own privacy policies that describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.