Terms & Conditions
Terms of Use
The Healing H.E.M. provides this website as a public service to our users. Please
carefully review the following basic rules that govern your use of thehealinghem.com.
Please note that your use of thehealinghem.com constitutes your unconditional
agreement to follow and be bound by these Terms and Conditions of Use. If you (the
“User”) do not agree to them, do not use thehealinghem.com, provide any materials to
thehealinghem.com or download any materials from them.
The Healing H.E.M. reserve the right to update or modify these Terms and Conditions at
any time without prior notice to User. Your use of thehealinghem.com following any such
change constitutes your unconditional agreement to follow and be bound by these
Terms and Conditions as changed. For this reason, we encourage you to review these
Terms and Conditions of Use whenever you use thehealinghem.com.
These Terms and Conditions of Use apply to the use of thehealinghem.com and do not
extend to any linked third-party sites. These Terms and Conditions and our Privacy
Policy, which are hereby incorporated by reference, contain the entire agreement (the
“Agreement”) between you and The Healing H.E.M. with respect to thehealinghem.com.
Any rights not expressly granted herein are reserved.
Cookies
We employ the use of cookies. By accessing The Healing H.E.M., you agreed to use
cookies in agreement with the The Healing H.E.M. Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit.
Cookies are used by our website to enable the functionality of certain areas to make it
easier for people visiting our website. Some of our affiliate/advertising partners may also
use cookies.
Propriety Rights
As between you and The Healing H.E.M., The Healing H.E.M. owns, solely and
exclusively, all rights, title and interest in and to the Web Site, all the content (including,
for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text,
software, titles, Shockwave files, etc.), code, data and materials thereon, the look and
feel, design and organization of the Web Site, and the compilation of the content, code,
data and materials on the Web Site, including but not limited to any copyrights,
trademark rights, patent rights, database rights, moral rights, sui generis rights and
other intellectual property and proprietary rights therein. Your use of the Web Site does
not grant to you ownership of any content, code, data or materials you may access on
or through the Web Site.
Permitted and Prohibited Uses
Any commercial or promotional distribution, publishing or exploitation of the Web Site,
or any content, code, data or materials on the Web Site, is strictly prohibited unless you
have received the express prior written permission from authorized personnel of The
Healing H.E.M. or the otherwise applicable rights holder. Other than as expressly
allowed herein, you may not download, post, display, publish, copy, reproduce,
distribute, transmit, modify, perform, broadcast, transfer, create derivative works from,
sell or otherwise exploit any content, code, data or materials on or available through the
Web Site.
You further agree that you may not alter, edit, delete, remove, otherwise change the
meaning or appearance of, or repurpose, any of the content, code, data, or other
materials on or available through the Web Site, including, without limitation, the
alteration or removal of any trademarks, trade names, logos, service marks, or any
other proprietary content or proprietary rights notices. You acknowledge that you do not
acquire any ownership rights by downloading any copyrighted material from or through
the Web Site. If you make other use of the Web Site, or the content, code, data or
materials thereon or available through the Web Site, except as otherwise provided
above, you may violate copyright and other laws of the United States, other countries,
as well as applicable state laws and may be subject to liability for such unauthorized
use.
You may use thehealinghem.com for the sole purpose of sharing and exchanging ideas
with other Users. You may not use thehealinghem.com to violate any applicable local,
state, national, or international law, including without limitation any applicable laws
relating to antitrust or other illegal trade or business practices, federal and state
securities laws, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, and any U.S. laws,
rules, and regulations governing the export and re-export of commodities or technical
data.
You may not upload or transmit any material that infringes or misappropriates any
person’s copyright, patent, trademark, or trade secret, or disclose via
thehealinghem.com any information the disclosure of which would constitute a violation
of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful
computer code, nor subject thehealinghem.com’s network or servers to unreasonable
traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary
operation of thehealinghem.com.
You are strictly prohibited from communicating on or through thehealinghem.com any
unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory,
vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or
otherwise objectionable material of any sort, including, but not limited to, any material
that encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal
information, including addresses, telephone numbers, fax numbers, email addresses or
other contact information that may appear on thehealinghem.com, for the purpose of
creating or compiling marketing and/or mailing lists and from sending other Users
unsolicited marketing materials, whether by facsimile, email, or other technological
means.
You also are expressly prohibited from distributing Users’ personal information to third-
party parties for marketing purposes. The Healing H.E.M. shall deem the compiling of
marketing and mailing lists using Users’ personal information, the sending of unsolicited
marketing materials to Users, or the distribution of Users’ personal information to third
parties for marketing purposes as a material breach of these Terms and Conditions of
Use, and The Healing H.E.M. reserves the right to terminate or suspend your access to
and use of thehealinghem.com and to suspend or revoke your membership in the
consortium without refund of any membership dues paid.
The Healing H.E.M. note that unauthorized use of Users’ personal information in
connection with unsolicited marketing correspondence also may constitute violations of
various state and federal anti-spam statutes. The Healing H.E.M. reserve the right to
report the abuse of Users’ personal information to the appropriate law enforcement and
government authorities, and The Healing H.E.M. will fully cooperate with any authorities
investigating violations of these laws.
Trademarks
The trademarks, logos, service marks and trade names (collectively the “Trademarks”)
displayed on the Web Site or on content available through the Web Site are registered
and unregistered Trademarks of The Healing H.E.M. and others and may not be used in
connection with products and/or services that are not related to, associated with, or
sponsored by their rights holders that are likely to cause customer confusion, or in any
manner that disparages or discredits their rights holders.
All Trademarks not owned by The Healing H.E.M. that appear on the Web Site or
through the Web Site’s services, if any, are the property of their respective owners.
Nothing contained on the Web Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed on the Web
Site without the written permission of The Healing H.E.M. or the third party that may
own the applicable Trademark. Your misuse of the Trademarks displayed on the Web
Site or on or through any of the Web Site’s services is strictly prohibited.
User Submissions
Unless specifically requested, we do not solicit nor do we wish to receive any
confidential, secret or proprietary information or other material from you through the
Web Site, by e-mail or in any other way. Any information, creative works, demos, ideas,
suggestions, concepts, methods, systems, designs, plans, techniques or other materials
submitted or sent to us (including, for example and without limitation, that which you
submit or post to our chat rooms, message boards, and/or our blogs, or send to us via
e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may
be used by us in any manner consistent with the Web Site’s Privacy Policy.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that
the Submitted Materials are original to you, that no other party has any rights thereto,
and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant
us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-
exclusive and fully transferable, assignable and sub-licensable right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform, display and incorporate in other works any Submitted Materials (in
whole or part) in any form, media, or technology now known or later developed,
including for promotional and/or commercial purposes. We cannot be responsible for
maintaining any Submitted Material that you provide to us, and we may delete or
destroy any such Submitted Material at any time.
If you work for a company or at a University, it’s likely that you’re not the copyright
holder of anything you make, even in your free time. Before making contributions to this
site, get written permission from your employer.
User Discussion Lists and Forums
The Healing H.E.M. may, but is not obligated to, monitor or review any areas on
thehealinghem.com where users transmit or post communications or communicate
solely with each other, including but not limited to user forums and email lists, and the
content of any such communications. The Healing H.E.M., however, will have no liability
related to the content of any such communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise. The Healing H.E.M. may edit or
remove content on the thehealinghem.com at their discretion at any time.
Use of Personally Identifiable Information
Information submitted to thehealinghem.com is governed according to The Healing
H.E.M.’s current Privacy Policy and the stated license of this website.
You agree to provide true, accurate, current, and complete information when registering
with thehealinghem.com. It is your responsibility to maintain and promptly update this
account information to keep it true, accurate, current, and complete. If you provides any
information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have
reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate,
incomplete, or not current, we reserve the right to suspend or terminate your account
without notice and to refuse any and all current and future use of thehealinghem.com.
Although sections of thehealinghem.com may be viewed simply by visiting
thehealinghem.com, in order to access some Content and/or additional features offered
at thehealinghem.com, you may need to sign on as a guest or register as a member. If
you create an account on thehealinghem.com, you may be asked to supply your name,
address, a User ID and password. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all activities
that occur in connection with your password or account. You agree to immediately notify
us of any unauthorized use of either your password or account or any other breach of
security. You further agree that you will not permit others, including those whose
accounts have been terminated, to access thehealinghem.com using your account or
User ID. You grant The Healing H.E.M. and all other persons or entities involved in the
operation of thehealinghem.com the right to transmit, monitor, retrieve, store, and use
your information in connection with the operation of thehealinghem.com and in the
provision of services to you. The Healing H.E.M. cannot and do not assume any
responsibility or liability for any information you submit, or your or third parties’ use or
misuse of information transmitted or received using website. To learn more about how
we protect the privacy of the personal information in your account, please visit our
Privacy Policy.
Indemnification
You agree to defend, indemnify and hold harmless The Healing H.E.M.’s agents,
vendors or suppliers from and against any and all claims, damages, costs and
expenses, including reasonable attorneys’ fees, arising from or related to your use or
misuse of thehealinghem.com, including, without limitation, your violation of these
Terms and Conditions, the infringement by you, or any other subscriber or user of your
account, of any intellectual property right or other right of any person or entity.
Orders for Products and Services
We may make certain products and services available to visitors and registrants of the
Web Site or Forum. If you order any products or services, you hereby represent and
warrant that you are 18 years old or older. You agree to pay in full the prices for any
purchases you make either by credit/debit card concurrent with your online order or by
other payment means acceptable The Healing H.E.M. You agree to pay all applicable
taxes. If payment is not received by us from your credit or debit card issuer or its
agents, you agree to pay all amounts due upon demand by us. Certain products that
you purchase and/or download on or through the Web Site may be subject to additional
terms and conditions presented to you at the time of such purchase or download.
Termination
These Terms and Conditions of Use are effective until terminated by either party. If you
no longer agree to be bound by these Terms and Conditions, you must cease use of
thehealinghem.com. If you are dissatisfied with thehealinghem.com, their content, or
any of these terms, conditions, and policies, your sole legal remedy is to discontinue
using thehealinghem.com. The Healing H.E.M. reserves the right to terminate or
suspend your access to and use of thehealinghem.com, or parts of thehealinghem.com,
without notice, if we believe, in our sole discretion, that such use (i) is in violation of any
applicable law; (ii) is harmful to our interests or the interests, including intellectual
property or other rights, of another person or entity; or (iii) where The Healing H.E.M.
has reason to believe that you are in violation of these Terms and Conditions of Use.
Warranty Disclaimer
THEHEALINGHEM.COM AND ASSOCIATED MATERIALS ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE HEALING H.E.M. DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENTOF INTELLECTUAL PROPERTY. THE HEALING H.E.M. MAKE NO
REPRESENTATIONS OR WARRANTY THAT THEHEALINGHEM.COM WILL MEET
YOUR REQUIREMENTS, OR THAT YOUR USE OF THEHEALINGHEM.COM WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE HEALING
H.E.M. MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THEHEALINGHEM.COM. THE HEALING
H.E.M. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEHEALINGHEM.COM OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THEHEALINGHEM.COM.
IN NO EVENT SHALL THE HEALING H.E.M. OR ANY OF THEIR AGENTS,
VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE,
MISUSE OF OR INABILITY TO USE THEHEALINGHEM.COM, EVEN IF THE
HEALING H.E.M. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THEHEALINGHEM.COM IS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF
CONTENT. THE HEALING H.E.M. SHALL NOT BE RESPONSIBLE FOR ANY LOSS
OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR
REFERENCED IN OR APPEARING ON THEHEALINGHEM.COM. YOUR
PARTICIPATION IN THEHEALINGHEM.COM IS SOLELY AT YOUR OWN RISK. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE HEALING H.E.M. OR THROUGH THE HEALING H.E.M., THEIR
EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF
THEHEALINGHEM.COM, THAT YOUR USE OF THEHEALINGHEM.COM IS AT YOUR
SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, SHALL THE HEALING H.E.M. OR ANY OF THEIR
AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THEHEALINGHEM.COM OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THEHEALINGHEM.COM OR FOR ANY INFORMATION
OBTAINED THROUGH THEHEALINGHEM.COM, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR
CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF THE HEALING H.E.M. HAS BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE HEALING H.E.M.’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS
IN CONNECTION WITH THEHEALINGHEM.COM WILL NOT EXCEED FIVE U.S.
DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING
LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND
THAT THE HEALING H.E.M. WOULD NOT PROVIDE THEHEALINGHEM.COM
ABSENT SUCH LIMITATION.
General
Thehealinghem.com is hosted in the United States. The Healing H.E.M. make no claims
that the Content on thehealinghem.com is appropriate or may be downloaded outside of
the United States. Access to the Content may not be legal by certain persons or in
certain countries. If you access thehealinghem.com from outside the United States, you
do so at your own risk and are responsible for compliance with the laws of your
jurisdiction. The provisions of the UN Convention on Contracts for the International Sale
of Goods will not apply to these Terms. A party may give notice to the other party only in
writing at that party’s principal place of business, attention of that party’s principal legal
officer, or at such other address or by such other method as the party shall specify in
writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by
certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent
by international overnight courier with postage prepaid, 7 business days after the date
of mailing. If any provision herein is held to be unenforceable, the remaining provisions
will continue in full force without being affected in any way. Further, the parties agree to
replace such unenforceable provision with an enforceable provision that most closely
approximates the intent and economic effect of the unenforceable provision. Section
headings are for reference purposes only and do not define, limit, construe or describe
the scope or extent of such section. The failure of The Healing H.E.M. to act with
respect to a breach of this Agreement by you or others does not constitute a waiver and
shall not limit The Healing H.E.M.’ rights with respect to such breach or any subsequent
breaches. Any action or proceeding arising out of or related to this Agreement or User’s
use of thehealinghem.com must be brought in the courts of Belgium, and you consent to
the exclusive personal jurisdiction and venue of such courts. Any cause of action you
may have with respect to your use of thehealinghem.com must be commenced within
one (1) year after the claim or cause of action arises. These Terms set forth the entire
understanding and agreement of the parties, and supersedes any and all oral or written
agreements or understandings between the parties, as to their subject matter. The
waiver of a breach of any provision of this Agreement shall not be construed as a waiver
of any other or subsequent breach.
Links to Other Materials
Thehealinghem.com may contain links to sites owned or operated by independent third
parties. These links are provided for your convenience and reference only. We do not
control such sites and, therefore, we are not responsible for any content posted on
these sites. The fact that The Healing H.E.M. offer such links should not be construed in
any way as an endorsement, authorization, or sponsorship of that site, its content or the
companies or products referenced therein, and The Healing H.E.M. reserves the right to
note its lack of affiliation, sponsorship, or endorsement on thehealinghem.com. If you
decide to access any of the third-party sites linked to by thehealinghem.com, you do this
entirely at your own risk. Because some sites employ automated search results or
otherwise link you to sites containing information that may be deemed inappropriate or
offensive, The Healing H.E.M. cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third party sites, and you
hereby irrevocably waive any claim against us with respect to such sites.
Photosensitive Seizures
A very small percentage of people may experience a seizure when exposed to certain
visual images, such as flashing lights or patterns that may appear in video games or
other electronic or online content. Even people who have no history of seizures or
epilepsy may have an undiagnosed condition that can cause these “photosensitive
epileptic seizures” while watching video games or other electronic content. These
seizures have a variety of symptoms, including lightheadedness, disorientation,
confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking
or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or
your family has a history of seizures or epilepsy, you should immediately stop using the
Web Site and consult a doctor.
Notification of Possible Copyright Infringement
In the event you believe that material or content published on thehealinghem.com may
infringe on your copyright or that of another pursuant to the Digital Millennium Copyright
Act, 17 U.S.C. § 512(c)(2),, please contact us with the following information:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or are authorized to act on the
copyright owner’s behalf.