Terms and Conditions

 

Last Updated: December 14, 2016

Thank you for visiting our site (this “Site”)!  This Site is operated by Mindful Healing and Wellness, LLC (“Company,” “we,” “us” or “our”) and allows you to:  (a) learn about Dr. Bojana and her practice by simply viewing or browsing this Site, and (b) participate in interactive features that we may make available such as, but not limited to, posting comments to the Site.  These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site, and your agreement is a condition of using the Site.

Binding Effect; Modifications to these Terms and Conditions.

This is a binding agreement.  By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time. Company reserves the right to make changes to these Terms and Conditions at any time and from time to time. You will be notified via email of any material changes to these Terms and Conditions. Such changes, modifications, additions, or deletions shall be effective when specified in the relevant notification to you or, if the change is immaterial, immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions.  If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.

Age Requirements for General Use of Site.

Participation on and use of the Site is restricted to those individuals at least 18 years of age.  By using the Site, you hereby represent that you are at least 18 years of age.

Modifications to the Site.

Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, videos, hours of availability, and technological requirements needed for access or use.

Copyrights, Trademarks and Other Proprietary Rights.

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to us.

All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies.  Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Accessing the Website.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

To access parts of the Site or some of the resources it offers, you will be asked to provide certain personal information or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Communications to the Site; License to Company.

You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicenseable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site (“User Content”), whether by email, posting, uploading or otherwise. You will not be compensated for any User Content.  By sending User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.

Privacy Policy.

Company respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Company’s Privacy Policy.  A complete statement of the current privacy policy can be found in Company’s Privacy Policy.  The Privacy Policy is expressly incorporated into this Agreement by this reference.

Prohibited Activity on the Site.

You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Company or generally available browsers.

You are solely responsible for the content and context of any materials or information you submit through the Site. You warrant and agree that, while using the Site, you shall not upload or transmit to the Site any materials which:

  1. are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy;
  2. restrict or inhibit any other user from using and enjoying the Site;
  3. constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  4. solicit personal information of/from others;
  5. contain a virus or other harmful component;
  6. contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements;
  7. contain false or misleading indications of origin or statements of fact;
  8. include information you are not authorized to disclose (including trade secrets or inside information about a company);
  9. infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity;
  10. impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or
  11. Company, in its sole direction, otherwise determines to be offensive.

Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.

Prohibited Uses.

Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation:

  1. accessing content or data not intended for you, or logging onto a server that you are not authorized to access;
  2. attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
  4. using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
  6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

Monitoring; Copyright Complaints.

You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. Notwithstanding this right, Company does not and cannot review all materials submitted to the Site, and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site.  If notified, Company may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed.  However, Company is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Company may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the copyright rights of others.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
  • Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to the Company’s copyright agent by email AND by U.S. Mail to: Venable LLP, 2049 Century Park East, Suite 2300, Los Angeles, California 90067, Attention: Pauline Jaturongpanich, PJaturongpanich@Venable.com.

Third Party Sites.

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners, vendors, and third party providers whose Internet sites may be linked with the Site.  Because neither Company nor the Site has control over the content and performance of these third party sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. These third party sites, and all sites besides this Site, have separate terms and conditions and privacy policies separate from Company’s Terms and Conditions and Privacy Policy. It is your responsibility to review each site’s terms and conditions and privacy policy.

Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, web-sites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content or products available from such external sites.

Disclaimer of Warranty; Limitation of Liability.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  COMPANY DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Exclusions and Limitations.

Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.

Indemnification.

You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of the this Site, content you transmit to us, your violation of any rights of another, or your breach of these Terms and Conditions.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.

Waiver of Class Action Rights.

By entering into these Terms and Conditions, you hereby irrevocably waive any rights you may have to join claims with those of others in the form of a class action or any similar procedural device.  Any claims which may arise as a result of or relate to this Terms and Conditions, or use your use of this Site, must be asserted individually through binding arbitration, as set forth in these Terms and Conditions.

Governing Law and Arbitration.

These Terms and Conditions shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms and Conditions or this Site, shall be finally resolved by arbitration before the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute.

The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party, as ordered by the arbitrator, or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees. The arbitration shall be completed within one hundred twenty (120) days of giving notice and filing of a demand to arbitrate with the American Arbitration Association (whichever shall first occur). The arbitration shall take place in Los Angeles, California. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information, and neither party may use, disclose, or divulge any such information unless otherwise required by law.

Judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction.

If for any reason a claim proceeds in court rather than in arbitration, you hereby waive your right to a jury trial.

Attorneys’ Fees. 

If for any reason a claim proceeds in court rather than in arbitration, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.

California Use Only.

The Site is controlled and operated by Company from its offices in the State of California.  Company makes no representation that any of the materials or the services to which have been given access are available or appropriate for use in other locations.  Your use of or access to the Site should not be construed as Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

General.

These Terms and Conditions sets forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Site, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Site may not be maximized for use on all devices or in conjunction with third party software and operating systems.

Questions.

If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at bojana@drbojana.com.