Terms and ConditionsUpdated January 18, 2013
THIS WEBSITE IS OWNED AND OPERATED BY DKR CREATIONS, LTD., A LIMITED LIABILITY PARTNERSHIP.
These terms and conditions exist between DKR CREATIONS, LTD. ("Company", "we", "us", and "our") and subscribers ("you", "user", or "your") of information within the website (you); any and all provisions apply. Should you disagree with any part of this agreement, you should not participate. Subscribing and use of this website constitutes an agreement to all terms and conditions. You must be eighteen years of age or older to enter into this agreement, participate, and use this website.
USE OF WEBSITE
Unless otherwise stated, DKR CREATIONS, LTD. and/or its licensors own the intellectual property rights in the website and material on the website. All of these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
When you finish the registration process, you officially become a Subscriber of Healers of the Valley. Your membership allows you access to certain Content and Services on the Site. You are required to provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Account(s).
Subscriber may not (i) select or use as a Healers of the Valley User ID an email address or name of another person with the intent to impersonate that person or (ii) use as an Healers of the Valley User ID an email address or name subject to any rights of a person other than Subscriber without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s).
You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s) including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service.
LICENSE TO USE
YOU MUST NOT:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without DKR CREATIONS, LTD.'s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted. DKR CREATIONS, LTD. reserves the right to restrict access to other areas of this website, or indeed this entire website, at DKR CREATIONS, LTD.'s discretion.
When DKR CREATIONS, LTD. grants you access to restricted areas of this website or other content or services, through subscribing or any other method, you must ensure that the user ID and password are kept confidential.
DKR CREATIONS, LTD. may disable your user ID and password in DKR CREATIONS, LTD.'s sole discretion without notice or explanation.
CONSENT TO RECEIVE EMAIL.
If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from Company, including customer service issues, new product offers and other matters. You may choose to opt out of certain newsletter and announcement email correspondence; however, Company reserves the right to email you at any time regarding issues related to your account and your use of the Site and Service.
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
YOU GRANT TO DKR CREATIONS, LTD. A WORLDWIDE, IRREVOCABLE, NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO USE, REPRODUCE, ADAPT, PUBLISH, TRANSLATE AND DISTRIBUTE YOUR USER CONTENT IN ANY EXISTING OR FUTURE MEDIA. YOU ALSO GRANT TO DKR CREATIONS, LTD. THE RIGHT TO SUB-LICENSE THESE RIGHTS, AND THE RIGHT TO BRING AN ACTION FOR INFRINGEMENT OF THESE RIGHTS.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or DKR CREATIONS, LTD. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
DKR CREATIONS, LTD. reserves the right to edit or remove any material submitted to this website, or stored on DKR CREATIONS, LTD. servers, or hosted or published upon this website.
Notwithstanding DKR CREATIONS, LTD's rights under these terms and conditions in relation to user content, DKR CREATIONS, LTD. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
You must ensure the user content provided during registration is accurate and does not infringe on the rights of any person or organization. Should any infringement arise, it is understood the offending information will be removed without any compesation or refund from DKR CREATIONS, LTD.. Legal action for infringement is between you and the offended party. DKR CREATIONS, LTD. will cooperate with the offended party to ensure a prompt resolution where applicable and warranted.
CODE OF ETHICS
The Company's Code of Ethics is hereby incorporated by reference into the Terms and Conditons. You should read the Code of Ethics by using the proper navigation button in the menu at the top of this page.
REASONABLENESS SHOULD BE USED WHEN CHOOSING A SUBSCRIBER LISTED WITHIN DKR CREATIONS, LTD.'S WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ADDITIONAL RESEARCH REQUIRED TO MAKE AN INFORMED DECISION ABOUT THE ABILITY, RELIABILITY, AND ANY EXPECTED PERFORMANCE. COMPLAINTS SENT TO DKR CREATIONS, LTD. WILL BE REVIEWED FOR ACCURACY AND WHEN APPLICABLE A SUBSCRIBER MAY BE REMOVED WITHOUT PRIOR NOTICE. NO ASSURANCE IS GIVEN THAT ANY ACTION WILL BE TAKEN AGAINST ANY SUBSCRIBER AT ANY TIME.
SUBSCRIPTION FEES, PAYMENTS, AND TRIAL MEMBERSHIPS
SUBSCRIPTION FEES ARE COLLECTED FROM SUBSCRIBERS WHO WISH TO BE LISTED WITHIN DKR CREATIONS, LTD.'S WEBSITE. ALL FEES ARE NON-REFUNDABLE AND CONSTITUTE PERMISSION TO USE THE "USER CONTENT" PROVIDED AS DKR CREATIONS, LTD. SEES FIT FOR MARKETING AND COMMERCIAL PURPOSES WITHOUT COMPENSATION. ALL FEES ARE AUTOMATICALLY RENEWABLE UPON SUBSCRIPTION EXPIRATION. SHOULD IT ARISE WHERE A RENEWAL PAYMENT IS NOT FULFILLED, ANY AND ALL WEBSITE REFERENCES WILL BE REMOVED WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR ENSURING CONTINUOUS SUBSCRIPTION BY PROVIDING UPDATES TO YOUR INFORMATION WHEN NECESSARY.
Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. The Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing the "Your Account" link on the site. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.
Fees may be based on one-time or subscription payments as more fully described on the Site. You may pay the subscription fees with a valid PayPal account that is under your own name or that you are authorized to use for such purpose. Recurring subscription fees paid by PayPal will automatically renew, unless you affirmatively cancel your subscription by prior to the beginning of the next applicable period for which the subscription corresponds. For each year that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same PayPal account for the subscription fee. You agree to promptly notify the Company of any changes to your PayPal account while any subscriptions remain outstanding.
You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.
From time to time, we may offer a free trial membership or other promotions. If you accept a free trial membership or a promotion, we will begin to bill your PayPal account at the conclusion of the free trial or according to the terms and conditions outlined in the promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.
ACCESS TO THE SERVICES.
Subject to these Terms of Service, the Company may offer to provide certain Services as are selected by Subscriber through the process provided on the Site, solely for Subscriber's own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services the Company performs for Subscriber, as well as the offering of any content on the Site. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber's access to parts or all of the Services without notice or liability.
SUBSCRIBER CERTIFIES TO THE COMPANY THAT, IF SUBSCRIBER IS AN INDIVIDUAL (I.E., NOT AN ENTITY), THAT SUBSCRIBER IS AT LEAST 18 YEARS OF AGE. Subscriber also certifies that if Subscriber is an entity, all users of Subscriber's username and password are at least 18 years of age. Likewise, if Subscriber is an entity, you certify that you are authorized to establish an Account(s), access, and use the Site and enter into and pay for any subscriptions on behalf of the Subscriber. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access to the Site. The Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.
This website is provided "as is" without any representations or warranties, express or implied. DKR CREATIONS, LTD. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, DKR CREATIONS, LTD. does not warrant that: this website will be constantly available or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
You acknowledge and agree that it would be difficult to ascertain the exact amount of damages that Company would suffer as the result of the theft of Content, especially if stolen Content is exploited for commercial use on a website or any other digital medium. Therefore, you agree that, in the event you steal, copy without authorization or otherwise misappropriate Content, Company is entitled to recover from you liquidated damages in the amount of five thousand ($5,000.00) dollars per graphic or image, and twenty thousand ($20,000.00) dollars per application that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount represents a reasonable, minimal, estimate of the damage that Company would suffer but does not in any way limit actual damages, if so pursued. ANY ACTION BY THE COMPANY TO ENFORCE THIS SECTION SHALL NOT BE DEEMED A WAIVER OF COMPANY'S RIGHT TO PURSUE, AT COMPANY'S SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO IT UNDER THIS AGREEMENT OR BY LAW.
LIMITATIONS OF LIABILITY
DKR CREATIONS, LTD. is not liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any direct or indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if DKR CREATIONS, LTD. has been expressly advised of the potential loss.
The Company's products and services and other Content available on the Site are not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship. Any health information and links on the Site, whether provided by the Company or by contract from outside providers, is provided simply for your convenience. Additionally, the Site may contain links to external websites. Please consult with your physician.
You agree that you will not bring any claim personally against DKR CREATIONS, LTD.'s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect DKR CREATIONS, LTD.'s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as DKR CREATIONS, LTD.
YOU HEREBY INDEMNIFY DKR CREATIONS, LTD. AND UNDERTAKE TO KEEP DKR CREATIONS, LTD. INDEMNIFIED AGAINST ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL EXPENSES AND ANY AMOUNTS PAID BY DKR CREATIONS, LTD. TO A THIRD PARTY IN SETTLEMENT OF A CLAIM OR DISPUTE ON THE ADVICE OF DKR CREATIONS, LTD.'S LEGAL ADVISERS) INCURRED OR SUFFERED BY DKR CREATIONS, LTD. ARISING OUT OF ANY BREACH BY YOU OF ANY PROVISION OF THESE TERMS AND CONDITIONS, OR ARISING OUT OF ANY CLAIM THAT YOU HAVE BREACHED ANY PROVISION OF THESE TERMS AND CONDITIONS.
All information within this website is provided by DKR CREATIONS, LTD. on an "As is" basis and does not constitute medical advice or authority. Glossary definitions are gathered from third party reference websites and no warranty is provided on the accuracy of information provided. All definitions contain a reference hyperlink to the website where obtained.
BREACHES OF THESE TERMS AND CONDITIONS
WITHOUT PREJUDICE TO DKR CREATIONS, LTD. OTHER RIGHTS UNDER THESE TERMS AND CONDITIONS, IF YOU BREACH THESE TERMS AND CONDITIONS IN ANY WAY, DKR CREATIONS, LTD. MAY TAKE SUCH ACTION AS DKR CREATIONS, LTD. DEEMS APPROPRIATE TO DEAL WITH THE BREACH, INCLUDING SUSPENDING YOUR ACCESS TO THE WEBSITE, PROHIBITING YOU FROM ACCESSING THE WEBSITE, BLOCKING COMPUTERS USING YOUR IP ADDRESS FROM ACCESSING THE WEBSITE, CONTACTING YOUR INTERNET SERVICE PROVIDER TO REQUEST THAT THEY BLOCK YOUR ACCESS TO THE WEBSITE AND/OR BRINGING COURT PROCEEDINGS AGAINST YOU.
DKR CREATIONS, LTD. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF SERVICE PERIODICALLY.
DKR CREATIONS, LTD. may transfer, sub-contract or otherwise deal with DKR CREATIONS, LTD. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION
THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO AND ANY DISPUTES RELATING TO THESE TERMS AND CONDITIONS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF MESA COUNTY COLORADO.
SHOULD YOU DEFAULT ON PAYMENT OF ANY MONIES OWED TO DKR CREATIONS, LTD. UNDER THIS AGREEMENT, IT SHALL BE YOUR OBLIGATION TO PAY FOR ANY COSTS OF COLLECTION RESULTING FROM SUCH DEFAULT. SUCH COSTS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, FEES AND PENALTIES FOR ANY CHECKS REFUSED ON A BANK. ANY DISPUTE ARISING FROM THE TERMS OF THIS AGREEMENT SHALL BE RESOLVED BY ARBITRATION IN THE VENUE OF MESA COUNTY, COLORADO. FURTHER, ANY COSTS ARISING FROM SUCH DISPUTE SHALL BE YOUR SOLE RESPONSIBILITY.
RIGHT OF REFUSAL AND TERMINATION
DKR CREATIONS, LTD. HAS THE RIGHT TO REFUSE ANY ONE AT ANY TIME FROM SUBSCRIBING TO THE DIRECTORY LISTING WITH OR WITHOUT JUST CAUSE. DKR CREATIONS, LTD. HAS THE RIGHT TO TERMINATE A SUBSCRIBER AT ANY TIME WITH OR WITH JUST CAUSE. YOU HAVE THE RIGHT TO APPEAL THE DECISION BY CONTACTING DKR CREATIONS, LTD. AT INFO@DKR CREATIONS, LTD.CREATIONS.COM . AN APPEAL DOES NOT GUARANTEE REINSTATEMENT AND NO RESTITUTION WILL BE PAID BY DKR CREATIONS, LTD. FOR ANY REASON.
TERMINATION AND REFUND POLICY.
You may terminate certain of the Services at any time by notifying the clicking on the "Your Account" link or emailing us at email@example.com. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable.
EFFECT OF TERMINATION.
Upon termination of the Subscriber's Account(s), Subscriber's right to use the Services, access the Site, and any Content as provided in the Terms of Service will immediately cease. All provisions of the Terms of Service, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, medical disclaimer, limitations of liability and miscellaneous.
LINKS TO OTHER WEB SITES AND SERVICES.
This Site contains links to other websites. The Company does not endorse these websites, is not responsible for them, and does not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk.
PARTICIPATION OR USE OF THIS WEBSITE CONSTITUTES AGREEMENT OF THE TERMS AND CONDITIONS IN ITS ENTIRETY, IF YOU DISAGREE, DO NOT USE OR PARTICIPATE WITHIN THIS WEBSITE. THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND DKR CREATIONS, LTD. IN RELATION TO YOUR USE OF THIS WEBSITE, AND SUPERSEDE ALL PREVIOUS AGREEMENTS IN RESPECT OF YOUR USE OF THIS WEBSITE.