Access
1. I warrant that I am of legal age to enter into this contract. Anyone under the age of 18 is protected by federal law, which is why Pam Levin or The Nourishing Company does not knowingly permit children under the age of 18 to become registered or to make purchases on our sites, without verifiable parental consent. Neither does Pam Levin or The Nourishing Company knowingly collect nor solicit personal information about anyone under 18. If this policy changes, Pamela Levin or The Nourishing Company will act in accordance with the provisions of the Children's Online Privacy Protection Act (COPPA), which will include a clearly identified and provide an explicit privacy notice; a means to obtain parental approval and a way to allow parents to request removal of their children's personal information.
2. I warrant that all the information I provide through this site, either through registration, or through other communications I offer is current, correct and complete. If Pamela Levin or The Nourishing Company believes the information I provide is not correct, current or complete, , The Nourishing Company has the right to refuse my access to this site or any of its resources, and to terminate or suspend my access at any time.
Restrictions on Use
3. I accept that all audio and text content on this site are copyrighted material, and therefore protected by U. S. and/or foreign copyright laws and belong to Pam Levin or other copyright owners who have authorized their use on this site. I therefore agree to abide by the International Copyright Laws and to use this site only within the scope of the International Copyright Laws. I understand I may not manipulate or alter audio, images or other content on or from the site in any way.
4. I agree that the material and content accessible from this site is Pamela Levin’s proprietary information and that she retains all rights related to its content. Therefore I may not copy, distribute, republish, upload, post, or in any way transmit it without the prior written consent of Pamela Levin unless authorized in writing elsewhere on her site.
The exception is that I may print out a copy of the written content solely for my personal use. In doing so, I may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms of Use violates Pamela Levin’s intellectual property rights. Neither title nor intellectual property rights are transferred to me by access to this site or the material accessible from it.
5. Additionally, I understand that even though I may print out a copy of the text provided on this site for my personal use only, this site and the material provided here are solely for my own non-commercial, personal use. I agree not to use it for any other purpose, including any commercial purpose without the express written consent of Pamela Levin or the Nourishing Company. This includes co-branding (displaying a name, logo or trademark or other means of attribution that is likely to give a user the impression that such other party has the right to display, publish, translate or distribute this site or content accessible within this site. framing or hyper-linking). This also includes framing this site or hyper-linking. I agree to cooperate with Pamela Levin or her authorized representative in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
6. I agree that I will not use any of the images, marks or logos appearing throughout this site without the express written permission of Pam Levin or Thethe Nourishing Company.
Disclaimer
7. I understand that this site and the material presented through this site are not intended to diagnose, treat, cure or prescribe for any physical or emotional issue or psychological disorder or condition. I accept that I use this site at my own risk and that the content is provided “as is” and without warranties of any kind, either expressed or implied.
8. The recordings presented in this program are intended for general emotional support and are not designed to diagnose, treat, cure or prevent any physical or emotional disease or psychological disorder. By participating in this program I understand that I should seek proper care from a trained health professional for any physical or emotional condition. I understand that this program is not a substitute for or designed to replace health care from medical/psychological professionals.
9. I agree to assume and accept full responsibility for any and all risks associated with using this program. I agree that my choice to use these Emotional Nutrient messages is of my own free will and not subject to any outside pressure. I further understand that if I choose to use Emotional Nutrients, it is possible that emotional or physical sensations or unresolved memories may surface which could be perceived as negative side effects. Emotional material may continue to surface after taking in Emotional Nutrients, indicating that I may need to address these issues, and may require the services of a health professional to do so.
10. In addition, I understand that any content in this program is not to be considered a recommendation that I stop seeing any of my health care professionals or that I stop using prescribed medication, if any, without consulting with my health care professional, even if after using the program it appears that such medication or therapy is unnecessary.
11. Any stories or testimonials presented in connection with this program do not constitute a warranty, guarantee, or prediction regarding the outcome of an individual using this program or any part of it for any particular issue. While all materials associated with this program are provided in good faith, the accuracy, validity, effectiveness, completeness, or usefulness of any information in this program cannot be guaranteed. The author and publisher accept no responsibility or liability whatsoever for the use or misuse of the information contained in this program. The author and publisher strongly advise that you seek professional advice before making any health decision.
12. By participating in this program, I knowingly, voluntarily, and intelligently assume these risks, including any adverse outcome that might result from my interpretation of these Emotional Nutrients, and agree to release, indemnify, hold harmless and defend the author and publisher, and their respective heirs, agents, consultants, and employees from and against any and all claims which you, or your representatives, may have for any loss, damage, or injury of any kind or nature arising out of or in connection with this program. If any court of law rules that any part of this Disclaimer is invalid, the Disclaimer stands as if those parts were struck out.
13. Pamela Levin or The Nourishing Company makes no guarantees that the functions or content contained in this site will be uninterrupted or error-free, or that this site or the server that makes it available are free of viruses, worms, contaminating code or other harmful components, technical inaccuracies or typographical errors. I assume the entire cost of all necessary repairs, servicing, corrections connected to loss or damage arising from the use of this site or its content. I accept that I am responsible for implementing my own sufficient procedures and checkpoints to satisfy my particular computer security requirements and backup. I accept that Pamela Levin or The Nourishing Company does not assume any responsibility or risk for my use of the Internet.
Hyper-Links
14. I accept that any hyper-links appearing on this site are provided only as a service to users. Any such hyper-links necessarily link to other sites which are not maintained by or related to The Nourishing Company. The presence of these links does not imply endorsement, sponsorship or recommendation by Pamela Levin or The Nourishing Company. I understand and accept that I use those hyper-links at my own risk and become subject to the rules and conditions of the linked site(s).
Submissions
15. I hereby grant Pamela Levin or The Nourishing Company the non-exclusive, royalty-free world-wide right to use, reproduce, publish or translate any communications I may make in connection with my use of this site. I agree that such communications may be incorporated into other works or media.
I accept that neither Pam Levin nor The Nourishing Company is required to treat any such communication as confidential, and may use it without incurring any liability for royalties or any other consideration of any kind. By making such communications, I guaranteeI guarantee to Pamela Levin or The Nourishing Company that I have the legal right to post its content and that doing so does not violate any law or the rights of any person or entity.
I understand that Pamela Levin or The Nourishing Company will treat any personal information that I submit through this site in accordance with the Privacy Policy as set forth on this site.
Limitation on Liability
16. I agree that I will not hold Pamela Levin or her associates liable for damages of any kind. I accept that the collective liability of her and her associates is limited to $50 US for use of this site.
17. I accept that Pamela Levin or The Nourishing Company make no warranties of any kind with respect to this site, including that the functions of this site will be error free or that service will be uninterrupted or that any particular benefits may accrue from its use.
18. I understand and accept that Pam Levin or The Nourishing Company are not liable for any breach of these Terms of Use I may make, and that all losses, damages or costs, including attorney’s fees, that result in connection from such a breach are mine alone. I further agree to hold Pamela Levin or The Nourishing Company harmless and exempt them from any third party claims arising out of my use of this site.
Information I Provide
19. I agree that I will submit post or transmit to this site only material that:
- Pertains directly to this site;
- I have the right to post, therefore excluding proprietary material of any third party, including others’ intellectual property, copyrights or trademarks;
- Discusses intent to commit or advocates only legal acts, therefore omitting all content that is pornographic, obscene, racist, sexist, abusive, threatening or indecent, or that seeks to exploit or harm children in any way;
- Conforms to any laws;
- Honestly represents my connection to other people or entities;
- Stays true to headers or identifiers so as to retain origin of content;
- Is free from advertising or commercial activity does not solicit in any way, including pyramid or other such schemes;
- Is free from any codes or programs that may negatively affect the functioning of computers, their hardware or intercommunication;
- Maintains the normal flow of dialogue, thus protecting the ability of other people to engage in real time activities via this site;
- Is free from MP3 format files;
- Is in keeping with any policy or regulations regarding use of this site or any networks connected to this site; and
- Is free from hyper-links to other sites that contain content that falls within these descriptions.
I accept that Pamela Levin or The Nourishing Company reserves the right to monitor use of this site to determine my compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason.
Notwithstanding these rights, I remain solely responsible for the content of my communications. I acknowledge and agree that neither Pamela Levin nor The Nourishing Company nor any third party that provides content to her or The Nourishing Company assume or have any liability for any action or inaction by such third party with respect to any of my communications.
I agree that passwords used to access this site are for my individual use only and that I am responsible for my password security. I understand that Pamela Levin or The Nourishing Company will monitor my password and require me to change it if it is considered to be insecure, at which point I may either change the password or terminate my account.
I agree not to use any security-comprising or system-tampering means such as password cracking tools, guessing programs and network probing tools. Under such circumstances I accept that Pamela Levin or The Nourishing Company can release my details to other system administrators so security incidents can be resolved. Pamela Levin or The Nourishing Company retains the right to investigate suspected violations of these Terms of Use.
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IN ACCEPTING THIS AGREEMENT, I WAIVE AND HOLD HARMLESS PAMELA LEVIN OR THE NOURISHING COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PAMELA LEVIN OR THE NOURISHING COMPANY DURING OR AS A RESULT OF INVESTIGATIONS BY EITHER PAMELA LEVIN OR THE NOURISHING COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Claims of Copyright Infringement
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and The Nourishing Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in San Francisco, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The Nourishing Company may revise these Terms of Use at any time by updating this posting.
Last updated: October 27, 2009
Original Watercolor Running Free by Lee Mothes. Copyright 1998, www.oceansanddreams.com