PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 AGREEMENT BETWEEN USER AND CONSTELLATION HEALING INSTITUTE

The Constellation Healing Institute Inc.’s (CHI’S) website (the “WEBSITE”) is comprised of various Web pages operated by CHI.

The WEBSITE is offered to you on the condition that you accept these Terms of Use, without modification to the terms, conditions and notices contained herein. Your use of the WEBSITE means that you agree to abide by these Terms of Use. If you violate any of these Terms and Conditions, your permission to use the WEBSITE terminates.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the WEBSITE, such as text, graphics, images, information obtained from CHI’S licensors, and other material contained on the WEBSITE (“Content”) are for informational purposes only. The content is not intended to be a substititute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this WEBSITE.

MODIFICATION OF THESE TERMS OF USE

CHI reserves the right to change the terms, conditions and notices under which the WEBSITE is offered, including but not limited to any charge associated its use.

LINKS TO THIRD PARTY SITES

The WEBSITE may contain links to other websites (“Linked Sites”). The Linked Sites are not under CHI’S control. CHI is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. CHI is not responsible for webcasting or any other form of transmission received from any Linked Site. CHI provides these links to you only as a convenience. The Inclusion of any link is not nor does it imply an endorsement by CHI of the site. The inclusion of any link is not nor does it imply any association between CHI and the operator(s) of the Linked Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WEBSITE, you warrant that you will not use the WEBSITE for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the WEBSITE in any manner which could damage, disable, overburden or impair the WEBSITE or interfere with any other party’s use and enjoyment of the WEBSITE. You may not obtain or attempt to obtain any materials or information through any means by which CHI has intentionally made such materials or information available.

USE OF COMMUNICATION SERVICES

The WEBSITE may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communications Services”). You agree to use the Communication Services on the WEBSITE only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the following acts are prohibited:

  • To defame, abuse, harass, stalk, threaten or otherwise violate other’s legal rights such as rights of privacy and publicity.
  • To publish, post, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • To upload files that contain software or other material protected by the intellectual property laws of any governmental agency, anywhere in the world, unless you own or control the rights thereto or have received all necessary consents.
  • Top upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • To advertise or offer to sell or buy any goods or services, unless such Communication Service specifically allows such messages.
  • To conduct or forward surveys, contests, pyramid schemes or chain letters.
  • To download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
  • To falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • To restrict or inhibit any other user from using and enjoying the Communication Services.
  • To violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
  • To harvest or otherwise collect information about others, including email addresses, without their prior written consent.
  • To violate any applicable ordinance, law or regulation.

CHI does not and has no obligation to monitor your Submissions and postings to the WEBSITE. However, CHI reserves the right to review and record materials posted to the WEBSITE and to remove any materials in its sole and absolute discretion. CHI reserves the right to remove any communications which violate these TERMS AND CONDITIONS or the Privacy Policy. CHI reserves the right to terminate your access to any or all of the WEBSITE, at any time without notice for any reason whatsoever. CHI reserves the right to edit or delete any communication(s) posted on the WEBSITE, regardless of whether such communication(s) violate these TERMS AND CONDITIONS.

CHI reserves the right at all times to disclose any information necessary to satisfy any applicable ordinance, law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CHI’S sole discretion.

Always use caution when giving out any personally identifying information about yourself, your children or others in any Communication Service. CHI does not control or endorse the content, messages or information found in any Communication Service. Accordingly, CHI disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CHI spokespersons. Their views do not necessarily reflect those of CHI, Gary Stuart or of any CHI agent, employee, officer or other agent.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload or download materials.

MATERIALS PROVIDED TO CHI OR POSTED AT ANY CHI WEB SITE.

The personal information you submit to the WEBSITE or otherwise to CHI is governed by the WEBSITE’S Privacy Policy . To the extent there is an inconsistency between these Terms and Conditions and the Privacy Policy, these Terms and Conditions shall control.

CHI does not claim ownership of the materials you provide to CHI (including feedback and suggestions) (collectively “Submissions”) or post, upload, input or submit your Submissions to any WEBSITE or its associated services. However, by posting, uploading, inputting, providing or submitting your Submission, you are granting CHI, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet business, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your Submission; and to publish your name in connection with your submission. You agree that you will not upload or transmit any communications or content of any type to the WEBSITE that infringes or violates any rights of any party. By submitting communications or content to the WEBSITE, you agree that such submission is not confidential for all purposes.

If you make any submission to the WEBSITE or if you submit any business information, idea, concept or invention to CHI or the WEBSITE by email, you automatically grant, or if the submission is not owned by you, you warrant that the owner of such content or intellectual property has expressly granted the WEBSITE a royalty free, perpetual, irrevocable, universe wide, nonexclusive license to use, reproduce, create derivative works from , modify, publish, edit, translate, distribute, perform, and display the Submission, and any part thereof in any media or medium, or any form, format, or forum now known or hereafter developed. The WEBSITE may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the WEBSITE by email.

We try to answer every email in a timely manner but are not always able to do so.

You agree to post or upload only Media (e.g. photos, videos, graphics or audio) that you have taken/recorded yourself and for which you possess all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise my be in conflict with these Terms and Conditions and the WEBSITE Privacy Policy.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) unless requested by the WEBSITE for purposes of purchasing a product or reserving space in a class or workshop.

No compensation will be paid with respect to the use of your Submission, as provided herein. CHI is under no obligation to post or use any Submission you provide and may remove any Submission at any time in CHI’S sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

LIABILITY DISCLAIMER

The use of the WEBSITE and the content is at your own risk.

The WEBSITE and the content contained therein are provided on an “as is” basis.

CHI, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, CHI, its licensors, and it suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the WEBSITE or CHI.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to any content contained on the WEBSITE.

When using the WEBSITE, information will be transmitted over a medium that may be beyond the control and jurisdiction of CHI and its suppliers. Accordingly, CHI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the WEBSITE.

The information, software, products and services included in or available through the WEBSITE may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CHI and/or its suppliers may make improvements and or changes to the WEBSITE at any time. Advice received via the WEBSITE should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

CHI and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the WEBSITE for any purpose, to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall CHI, its licensors, suppliers and/or any third parties mentioned on the WEBSITE be liable for any damages, including without limitation direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use or inability to use computer hardware or software, business or personal activities, data or profits. Without limitation, the WEBSITE shall not be liable for any damages including any arising out of or in any way connected with the use or performance of the WEBSITE, with the delay or inability to use the WEBSITE or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the WEBSITE, or otherwise arising out of the use of the WEBSITE, whether based on contract, tort, negligence, strict liability or any other legal theory, even if CHI or any of its suppliers has been advised of the possibility of damages. Without limitation, the WEBSITE shall not be liable for any damages including any arising out of or in any way connected to any personal or business activities, whether related to computer use or otherwise, whether based in contract, tort, negligence, strict liability or any other legal theory. CHI, the WEBSITE, their licensors, suppliers or any third parties mentioned on the WEBSITE are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas.   Any claims arising in connection with your use of the WEBSITE, any content thereon must be brought within one (1) year of the date of the event giving rise to such action regardless of any other applicable statute of limitations. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. If you are dissatisfied with any portion of the WEBSITE, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the WEBSITE.

SERVICE CONTACT: Gary@chifield.com

GENERAL TERMS

CHI reserves the right, in its sole discretion, to terminate your access to the WEBSITE and the related services or any portion thereof at any time, without notice.

This agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of the Superior Court of the State of California for the Central District of the County of Los Angeles, U.S.A. in all disputes arising out of or relating to the use of the WEBSITE.

Use of the WEBSITE is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use without modification, including without limitation, this paragraph.

You agree that no joint venture, partnership, employment, agency or other business, personal or professional relationship exists between you and CHI as a result of this agreement or use of the WEBSITE.

CHI’S performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of CHI’S right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WEBSITE, CHI or information provided to or gathered by CHI with respect to such use.

The following provisions survive the expiration or termination of the Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, Severability, Copyright, Trademark, and Entire Agreement.

SEVERABILITY

If any part of this agreement is agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

COPYRIGHT

All contents of the WEBSITE are copyrighted with all rights are reserved. You are not authorized to copy any content of the WEBSITE without prior written permission from CHI.

CHI’S agent for copyright issues relating to the WEBSITE is:
Constellation Healing Institute, Inc.
Attn: Gary Stuart
P.O. Box 57664, Sherman Oaks, CA 91413
Email: Gary@Chifield.com

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

NOTICES AND PROCEDURE FOR MAKING  CLAIMS OF COPYRIGHT INFRINGMENT

If you believe any materials accessible on or from the Site infringe your copyright you may request removal of those materials (or access thereto) from the WEBSITE by contacting CHI’S copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g. URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location on the WEBSITE. Please describe the material, and provide us with the URL or any other pertinent information that will allow us to locate the material on the WEBSITE.
  3. Your name, address, telephone number and e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement under penalty of perjury that the information that you have supplied is accurate, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, CHI maintains a policy for the termination, in appropriate circumstances of subscribers and account holders of the WEBSITE who are repeat infringers.

INDEMNITY

You agree to defend, indemnify, and hold harmless CHI, its officers, directors, employees, agents, licensors, and suppliers, and those of the WEBSITE as well from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these TERMS AND CONDITIONS.

ENTIRE AGREEMENT

Unless otherwise specified herein, these TERMS AND CONDITIONS and the Privacy Policy constitute the entire agreement among You, the WEBSITE and CHI with respect to the WEBSITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, written or otherwise, between you and CHI with respect to the WEBSITE. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Any rights not expressly granted herein are reserved.

Thank you for your cooperation. We hope you find the WEBSITE helpful and convenient to use. Questions or comments regarding this WEBSITE, including any reports of non-functioning links, should be submitted using email to Gary@chifield.com

Last Updated: December 17, 2015

© 2015 Constellation Healing Institute, Inc. All Rights Reserved.

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