PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE.
1. Acceptance of Terms.
This Terms and Conditions of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. By using NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, you agree to be bound by this Agreement. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE 'includes' NICHOLAS PRATLEY, NICHOLASPRATLEY.COM AS WELL AS NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. If you do not accept the terms of this Agreement, you should leave NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. You agree to be bound by any modification to this Agreement when you use NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Requirements.
If you wish to purchase NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products or services or post to the Blog for Change, you represent that you are of legal age to form a binding contract and are not a person barred from purchasing or receiving products or services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE reserves the right to suspend or terminate your account and refuse any and all current or future use of the products or services.
3. Children.
Due to the nature of the Internet, we cannot prohibit minors from visiting NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the website. If you believe that a child has provided information to us through the website, please contact us by email at welisten@nicholaspratley.com. We will use our best efforts to remove all of the information provided by the child from our system.
4. Responsibility for Content.
You, and not NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, are entirely responsible for all Content (as defined in the following paragraph) that you upload, post, email, transmit or otherwise make available to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not control the Content and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE.
5. Prohibited Conduct.
You agree not to use NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or the Blog of Change to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:
6. Rejection/Removal of Content.
You acknowledge that NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE may or may not pre-screen Content posted on NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or transmitted to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, but that NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof, in its sole discretion, for any reason. Without limiting the foregoing, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE shall have the right to remove from NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE any Content that violates this Agreement or is otherwise objectionable in the sole discretion of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, or to restrict, suspend, or terminate your access to all or any part of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or the Blog of Change at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the website by any person, please contact NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE at welisten@nicholaspratley.com.
7. Preservation/Disclosure/Privacy Policy.
You acknowledge, consent and agree that NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, visitors to and users of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and the public.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference. Except as provided in this paragraph 7 or in the Privacy Policy, under no other circumstances will NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE intentionally disclose your account information to any third party.
8. Ownership of Content.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not claim ownership rights in any Content you post on the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. Subject to the non-exclusive license contained in the following paragraph, as between NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and you, you will retain all intellectual property rights that you may have in any Content that you post on the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE.
9. License to Your Content.
In order to be able to offer you the use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, you are required to grant a license to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE to use and distribute your Content. This enables us to permit other visitors to the website to view and share your Content, and to display your Content in other places within NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE (including the Blog of Change). Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any content on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, you hereby grant to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, in print or any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your Content to create commercial products such as books. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
10. ENERCHI & ENERCHI-IGNITELIFE.COM and Third Party Content.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE contains Content of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE ("NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE Content"), and Content of third party licensors to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE users of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE owns and retains all rights, title and interest in the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE Content. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE.
11. Other Sites.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not imply NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
12. International Use.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Disclaimer of Warranties.
You expressly understand and agree that:
14. Limitation on Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT WILL WILL ENERCHI & ENERCHI-IGNITELIFE.COM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE AND NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE PRODUCTS AND SERVICES, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENERCHI & NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE FOR NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE PRODUCTS AND SERVICES.
15. Exclusions and Limitations.
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 this Agreement remain in full force and effect.
16. Indemnity.
You agree to indemnify, defend, and hold harmless NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. Additional Terms.
We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. These Additional Terms will be posted on the relevant portions of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or websites accessed through links on NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE that describe the specific Content or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you purchase items or otherwise engage in activities governed by such Additional Terms.
18. Modification and Discontinuation.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance.
19. Entire Agreement.
This Agreement, together with any other terms or policies referenced herein (including, without limitation, the Privacy Policy and Additional Terms), constitutes the entire agreement between you and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and governs your use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services, superseding any prior agreements between you and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE with respect thereto.
20. Choice of Law and Forum.
This Agreement and the relationship between you and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
21. Waiver and Severability of Terms.
The failure of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
22. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Questions.
If you have any questions regarding this Agreement, please contact us by email at welisten@nicholaspratley.com, or contact us by phone on 1-855-9355639.
These Terms of Use were last updated on January 31, 2016.
1. Acceptance of Terms.
This Terms and Conditions of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. By using NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, you agree to be bound by this Agreement. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE 'includes' NICHOLAS PRATLEY, NICHOLASPRATLEY.COM AS WELL AS NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. If you do not accept the terms of this Agreement, you should leave NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. You agree to be bound by any modification to this Agreement when you use NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Requirements.
If you wish to purchase NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products or services or post to the Blog for Change, you represent that you are of legal age to form a binding contract and are not a person barred from purchasing or receiving products or services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE reserves the right to suspend or terminate your account and refuse any and all current or future use of the products or services.
3. Children.
Due to the nature of the Internet, we cannot prohibit minors from visiting NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the website. If you believe that a child has provided information to us through the website, please contact us by email at welisten@nicholaspratley.com. We will use our best efforts to remove all of the information provided by the child from our system.
4. Responsibility for Content.
You, and not NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, are entirely responsible for all Content (as defined in the following paragraph) that you upload, post, email, transmit or otherwise make available to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not control the Content and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE.
5. Prohibited Conduct.
You agree not to use NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or the Blog of Change to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
6. Rejection/Removal of Content.
You acknowledge that NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE may or may not pre-screen Content posted on NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or transmitted to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, but that NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof, in its sole discretion, for any reason. Without limiting the foregoing, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE shall have the right to remove from NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE any Content that violates this Agreement or is otherwise objectionable in the sole discretion of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, or to restrict, suspend, or terminate your access to all or any part of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or the Blog of Change at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the website by any person, please contact NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE at welisten@nicholaspratley.com.
7. Preservation/Disclosure/Privacy Policy.
You acknowledge, consent and agree that NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, visitors to and users of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and the public.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference. Except as provided in this paragraph 7 or in the Privacy Policy, under no other circumstances will NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE intentionally disclose your account information to any third party.
8. Ownership of Content.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not claim ownership rights in any Content you post on the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. Subject to the non-exclusive license contained in the following paragraph, as between NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and you, you will retain all intellectual property rights that you may have in any Content that you post on the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE.
9. License to Your Content.
In order to be able to offer you the use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, you are required to grant a license to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE to use and distribute your Content. This enables us to permit other visitors to the website to view and share your Content, and to display your Content in other places within NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE (including the Blog of Change). Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any content on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, you hereby grant to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, in print or any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your Content to create commercial products such as books. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
10. ENERCHI & ENERCHI-IGNITELIFE.COM and Third Party Content.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE contains Content of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE ("NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE Content"), and Content of third party licensors to NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE users of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE owns and retains all rights, title and interest in the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE Content. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE.
11. Other Sites.
NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE does not imply NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
12. International Use.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Disclaimer of Warranties.
You expressly understand and agree that:
- Your use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services is at your sole risk. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services are provided on an "as is" and "as available" basis. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE will be uninterrupted, timely, secure, error-free, or free of any harmful componenets (including viruses); and (ii) the quality of any Content, information or other material obtained by you through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
- Any material downloaded or otherwise obtained through the use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
14. Limitation on Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT WILL WILL ENERCHI & ENERCHI-IGNITELIFE.COM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE AND NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE PRODUCTS AND SERVICES, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENERCHI & NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE FOR NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE PRODUCTS AND SERVICES.
15. Exclusions and Limitations.
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 this Agreement remain in full force and effect.
16. Indemnity.
You agree to indemnify, defend, and hold harmless NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. Additional Terms.
We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE. These Additional Terms will be posted on the relevant portions of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or websites accessed through links on NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE that describe the specific Content or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you purchase items or otherwise engage in activities governed by such Additional Terms.
18. Modification and Discontinuation.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE or NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance.
19. Entire Agreement.
This Agreement, together with any other terms or policies referenced herein (including, without limitation, the Privacy Policy and Additional Terms), constitutes the entire agreement between you and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and governs your use of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services, superseding any prior agreements between you and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE with respect thereto.
20. Choice of Law and Forum.
This Agreement and the relationship between you and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
21. Waiver and Severability of Terms.
The failure of NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
22. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE, NICHOLAS PRATLEY: THE WELLNESS EXPERIENCE products and services, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Questions.
If you have any questions regarding this Agreement, please contact us by email at welisten@nicholaspratley.com, or contact us by phone on 1-855-9355639.
These Terms of Use were last updated on January 31, 2016.
