- This Service: By subscribing to any of our newsletter and event invitations (Newsletters) you indicate that you have read and understood these Terms and Conditions and that you agree to these Terms and Conditions. Your continued subscription and receipt of the Newsletters is considered acceptance of the amended Terms and Conditions. The content of the Newsletters and all ideas, designs, graphics, photographs, text, audio and audiovisual material, documents and any other material contained in the Newsletters are subject to copyright laws. You may not otherwise use, copy, reproduce, modify or transmit the content without our prior written consent. Unauthorized use is prohibited and protected by law. Newsletters and their content are provided only for information purposes, and are not comprehensive or advisory in nature. The Newsletters may contain links or references to third party Sites. We are not responsible or liable for the content of those Sites and your access to and use of those Sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us. To the maximum extent permitted by law, we do not warrant, guarantee, or make any representations about the accuracy, reliability, currency or any other aspect of the information contained in the Newsletters. You acknowledge that you are 18 years of age or older. Those under the age of 18 are not allowed to visit or otherwise use the Site on their own behalf, and we do not knowingly collect information from such persons. You further acknowledge that you, or such persons or entities that you represent have not been suspended from this Site.
- Intellectual Property: Federal and international copyright and trademark laws protect The WebSite and its content. The distinctive and original layout and presentation of the WebSite also constitutes protectable trade dress under applicable federal law. All other trademarks, service marks and logos used on this WebSite are the trademarks, service marks or logos of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to the Site or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
- Ownership: Property Rights: All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), are either Copyright of Choosing Alternatives, or are the proprietary property of Choosing Alternatives, LLC, its affiliates or licensors. You must comply with all laws and applicable copyright, trademark or other legal notices or restrictions. All material on this Site is the property of Choosing Alternatives, LLC, or our third-party licensors. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Choosing Alternatives, LLC, Choosing Alternatives, LLC will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content. You may not directly use any software, device, internet Site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content. You may not upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display, or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, you are strictly prohibited from modifying Content; creating, distributing, forwarding, or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content.
- Disclaimer: We have no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of your data or data on this Site. We do not refer, endorse, screen, or investigate any person, entity, treatment, or treatment center. This Site and the content available through it are provided on an "as is" and "as available" basis. You expressly agree that use of this Site and/or its content is at your sole risk. To the fullest extent permissible pursuant to applicable law, and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or noninfringement. You expressly agree that use of this Site, including all content, data or software distributed by, downloaded or accessed from or through the Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software. You acknowledge that the Site does not control information, products or services offered by third parties through the Site. Except as otherwise agreed in writing, and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services distributed or made available by third parties through the Site. The Site does not make any warranty that this Site or its content will meet your requirements, or that this Site or its content will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. Nor does the Site make any warranty as to the results that may be obtained from use of this Site or its content or as to the accuracy, completeness or reliability of any information obtained through use of this Site. Our Site provides information only and we do not independently investigate any claims made by any third party that places information on our Site or that regarding any information for any third party that is published on or via our web Site. You understand and agree that you will be solely responsible for damages, if any, to yourself, your business, your computer system, or any loss of data resulting from the download of such content or data and/or software. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty from CALLC not expressly stated in writing. Some states do not allow the limitation or exclusion of certain warranties or conditions The Site assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, missdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of the Site, its affiliates, its licensors, or a user's own errors and/or omissions except as specifically provided herein, disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained. Users acknowledge that, by their use of this website and the information therein, they have accepted that the United States Social Security Administration's [USSSA] classification includes chronic ailments and disorders as well as chronic diseases of most types. While we have attempted to distinguish between these categories, there is no assurance that such attempts are either complete, correct, or valid. Many "impairments" on the USSSA list are also subject to judgement as to their correct category. Users agree that their purpose for any such selection is to report on new cures for chronic diseases, which may, or may not, be disabling. If you do not agree with accepting this statement and/or risk, then you should not use this site." We do not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise.
- 9. Termination: The rights and obligations created hereunder shall continue in full force and effect and will automatically renew unless terminated by violation of these Terms. In addition, CALLC, in its sole discretion may terminate your user account on the Site or suspend or terminate your access to the Site at any time, with or without notice. Termination of this Agreement shall also terminate any outstanding Offer. However, all rights to payment, causes of action and any provisions that by their terms are intended to survive termination, shall survive termination of this Agreement. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your Site, all links to our Site, and all trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program
- Indemnity: You will defend, indemnify and hold harmless CALLC and their Site, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Parties”) from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys’ fees and all other costs, fees, and expenses (collectively, “Claims”) against any Parties to the fullest extent permitted by law arising out of or in connection with (1) your access to or use of the Site, or such actions by any third party through you; (2) your violation of the rights of another person or party through or related to this Site or such actions by any third party through you; (3) any materials made available by you to Boulder Publishers through or related to this Site; and (4) any breach or violation by you of your obligations under these Terms of Service or such breach or violation by any third party through you. You will not compromise or settle any indemnified claim without the prior written consent of Boulder Publishers. In addition, we will be held harmless of any damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services including use of your account and claims arising from User Submissions. BPI and/or CALLC retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with us to defend such claim.
- Liability Limitations: Under no circumstances, including, without limitation, negligence, shall the Site or its parents, subsidiaries, affiliates, officers, directors, employees, agents, heirs or suppliers be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with the use of or the inability to use this Site or any content contained on the Site, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data or other intangibles, even if the Site has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or any damage resulting from the Site is to stop using the Site, even if such remedy should fail of its essential purpose. In no event shall the Site be liable to you or any third party for any loss of profits, loss of use, loss of data, interruption of business, or any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use same, or for any breach of security associated with the transmission of sensitive information through the Site, or for any information, products, and services obtained through or viewed on the Site, or otherwise arising out of the use of same, whether based on contract, tort, strict liability, regulation, common law precedent or otherwise, even if the Site has been advised of the possibility of damages. You are required to seek your own counsel, advisors, and/or experts regarding any information you collect from the Site. Any claimed loss or injury on your part is your sole responsibility since your use of information, data or identity of any provider from this Site assumes you have conducted your own examination before engaging such person, clinic, health center, doctor or entity or taking any other action based on information from this Site, either directly or indirectly. The parties acknowledge that this is a reasonable allocation of risk. Additional disclaimers appear within the body of the Site and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Site or the material contained therein, such greater restrictions shall apply. This indemnification shall apply to third party claims as well as claims between you and us.
- Purchases: You may submit credit card or payment card information via this Web Site for payment of services. You must submit the necessary card information before your payment or order will be processed. If the card information that you submit is incorrect or invalid, your payment or order will not be processed. Payment is subject to the approval of the financial institution issuing the card. We assume no responsibility or liability if the financial institution refuses to accept or honor your card for any reason
- Jurisdiction: This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Colorado, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory BINDING arbitration conducted by a subject matter Expert, Non-Attorney, before the American Arbitration Association (AAA) in Denver, Colorado, USA pursuant to the United States Arbitration Act (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of AAA.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the " AAA Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the AAA Rules. The parties will cooperate with AAA and with each other in promptly selecting a single arbitrator from AAA's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then AAA will appoint an arbitrator in accordance with the AAA Rules. The award of the arbitrator will be BINDING, in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and BINDING upon the parties and may be entered in any court having jurisdiction thereof. If for any reason AAA, or its successor, is no longer is in business, then the arbitration shall be conducted in accordance with the last commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this Site must be resolved through arbitration as set forth in this section.
- General Information: We do not warrant that the functions contained in the materials on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. Without limiting the foregoing, to the extent that the Site provides you with access to educational resources and classes or assists you in locating a physician or other health care provider, your use of materials or classes or your selecting a physician or other health care provider is solely your responsibility and the foregoing exclusion of warranties by the Site expressly applies.
- Notice: Notices may be issued, but will be sufficient only if in writing and delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to CALLC, at our sole address location. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you to the Site, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
- Force Majeure: Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, War or Insurrection in that party’s country, Government restrictions and/or any other cause beyond the reasonable control of the party whose performance is affected.