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TERMS OF SERVICE AGREEMENT
Whole Wellness Club & Dr. Miller's Holy Tea Club Web
Site Agreement:
The Whole Wellness Club and Dr. Miller's Holy Tea Club Web
Sites (the "Site") are an online service provided by Set You Free
Enterprises (aka $et You Free Enterprise$) dba Whole Wellness Club (aka Dr.
Miller's Holy Tea Club), subject to your compliance with the terms and conditions
set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW and the ZERO TOLERANCE SPAM POLICY AS SET FORTH AT HTTP://WWW.HOLYTEACLUB.COM/SPAM.HTML.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE. Whole Wellness Club, Dr. Miller's Holy Tea Club or Set You
Free Enterprises MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are Set You Free Enterprises, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from the materials. You
agree to grant to Whole Wellness Club (aka Dr. Miller's Holy Tea Club) a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail or by
telephone to Whole Wellness Club (aka Dr. Miller's Holy Tea Club) by all means and
in any media now known or hereafter developed. You also grant to Whole Wellness Club (aka
Dr. Miller's Holy Tea Club) the right to use your name in connection with the
submitted materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall have no
recourse against the Whole Wellness Club (aka Dr. Miller's Holy Tea Club) or Set You
Free Enterprises for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to Whole Wellness Club (aka Dr. Miller's Holy Tea
Club).
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the
exclusive trademarks or service marks of Set You Free Enterprises dba Whole Wellness
Club (aka Dr. Miller's Holy Tea Club). Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as
being supplied by Whole Wellness Club (aka Dr. Miller's Holy Tea Club), Set You Free
Enterprises does not operate, control or endorse any information, products or
services on the Internet in any way. Except for Whole Wellness Club or Dr. Miller's
Holy Tea Club - identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are offered by
third parties, that are not affiliated with Whole Wellness Club or Dr. Miller's Holy
Tea Club. You also understand that Whole Wellness Club (aka Dr. Miller's Holy Tea
Club) cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Dr. Miller's Holy Tea Club PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NO
INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Whole Wellness Club (aka Dr.
Miller's Holy Tea Club) SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. Whole Wellness Club (aka Dr. Miller's Holy Tea Club) DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. Dr. Miller's Holy Tea Club HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Whole Wellness Club (aka Dr. Miller's Holy Tea Club) or Set
You Free Enterprises BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Whole
Wellness Club (aka Dr. Miller's Holy Tea Club) OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Whole Wellness Club (aka Dr.
Miller's Holy Tea Club) or Set You Free Enterprises LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Whole Wellness Club (aka Dr. Miller's Holy Tea Club) makes no representations
whatsoever about any other web site which you may access through the Site or which may
link to the Site. When you access a non-Whole Wellness Club or non-Dr. Miller's Holy
Tea Club web site, please understand that it is independent from the Whole Wellness
Club or Dr. Miller's Holy Tea Club Concept, and that Whole Wellness Club
(aka Dr. Miller's Holy Tea Club) has no control over the content on that web site.
In addition, a link to a Whole Wellness Club or Dr. Miller's Holy Tea Club
system concept web site does not mean that Whole Wellness Club (aka Dr. Miller's
Holy Tea Club) or Set You Free Enterprises endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Whole Wellness Club (aka Dr.
Miller's Holy Tea Club) and Set You Free Enterprises, their officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the
benefit of Whole Wellness Club (aka Dr. Miller's Holy Tea Club), Set You Free
Enterprises and their officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly against you
on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The
United States of America applicable to agreements made and to be performed in The United
States of America. You agree that any legal action or proceeding between Whole Wellness
Club (aka Dr. Miller's Holy Tea Club) or Set You Free Enterprises and
you for any purpose concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent jurisdiction sitting in
The United States of America . Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Whole Wellness Club's (aka
Dr. Miller's Holy Tea Club) or Set You Free Enterprises' failure to insist
upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement. Set
You Free Enterprises or Whole Wellness Club (aka Dr. Miller's Holy Tea
Club) may assign its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
WholeWellnessClub.net and HolyTeaClub.com Terms
of Service Agreement as of 9/10/07
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