TERMS OF USE: Effective Date: October 2017
This website is owned and operated by Siu Ping Negrin, Licensed Acupuncturist, PLLC (the “Provider”). SIU PING HEAL FROM WITHIN and HEAL FROM WITHIN are trademarks of the Provider. Throughout the site, the terms “Heal From Within”, “the terms “we”, “us”, and “our” refer to the Provider and its products and/or services.
Link to Privacy Policy
GENERAL PROVISIONS
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS WEBSITE AND ANY DIGITAL MEDIA PRODUCT YOU MAY ACCESS THROUGH THIS SITE (INCLUDING, WITHOUT LIMITATION, VIDEOS, E-BOOKS, AND COURSES). PLEASE READ IT CAREFULLY.
The Provider offers this website (“Site”), including any Digital Media Product (as defined below), tools, functionality, and/or other features and services available through this site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here (the “Terms of Use” or “Agreement”). Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices. If you do not agree to all Terms and Conditions, do not use this site. We may change the terms and conditions at any time without notice, and any changes will be included in the terms and conditions posted on the site. Please check the Terms and Conditions for Changes. Your continued use of the Site after the Terms and Conditions have been changed constitutes your acceptance of such changes.
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
The Provider respects the privacy of our users. Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Notice which is incorporated into and is a part of these Terms.
MEDICAL DISLAIMER
These recordings are made available to use as a self-help tool for your own use. The creator is in no way liable for any misuse of the information. It is not intended to be a substitute for professional medical advice by a physician, therapist or other health care professional. Please consult your doctor for medical advice in the best treatment for your condition.
PURPOSE OF THIS SITE
This site is operated for the purpose of providing access to the content, products and services offered by the Provider, and/or may give you access to certain proprietary services, including services that enable you to access online, stream and/or download, digital versions of videos, audios, online course materials, and/or other digital media products, tools and functionality, subject to these Terms of Use.
PERSONAL REGISTRATION
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all information you provide is correct, current and complete. You agree that all information you provide to register with the website or otherwise, including but not limited to the use of any interactive features on the site, is governed by our Privacy Notice, and you consent to all actions we take consistent with our privacy notice. Once registered, you are responsible for maintaining the confidentiality of your user name and password and all other account information, and remain responsible for all activities that occur under your user name and/or password with or without your knowledge. If you knowingly provide your login and password information to another person, or permit another person to pose as you, your account privileges may be suspended or terminated. You may not transfer your account to another party. If you transfer or attempt to transfer your rights to another person, the rights granted hereunder will automatically terminate. You agree to immediately notify the Provider of any unauthorized use of your user name or password or account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Provider will not be liable for any loss or damage arising from your failure to comply with this section.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
You agree that if you violate these Terms of Use (including by failure to pay the purchase price when required), The Provider may immediately terminate your account and/or access to this site. Upon expiration or termination of your account, you will have no further rights in or access to this Site.
100% Risk-Free Guarantee:
If you are not inspired by the end of the 9-weeks, you will receive a full refund subject to satisfying these qualifying rules:
- 1. Must complete all 9 classes by end of the 9-week program, of which 7 of the 9 must be attended to in the live class. Proof of completion is required.
- 2. If you miss a live class, it must be made up by watching the online video.
- 3. Refund request must be emailed to admin@siupinghealing.com on the last day of the 9th class.
NO MEDICAL ADVICE
The Site and its content, such as text, graphics, images, software, video, and any other material and all patent, copyright, trademark, trade dress, domain name, trade secret and other proprietary rights relating thereto (collectively the “Content”) are owned by us or our licensors, and are for your educational and informational purposes only. The Content is not intended to substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Internet sites cannot and do not provide personal advice. The opinions expressed are for educational and informational purposes only and are not to be considered by you, or anyone, as appropriate or professional, or diagnostic of your condition or situation. We strongly urge you to personally speak with your physician or other licensed healthcare practitioner to determine if and how the information on the Site pertains to you, if at all.
INFORMATION AND FUNCTIOANLITY OF THE SITE
The material that appears on this site is for informational and educational purposes only. Any reliance on the material on this site is at your own risk. This site may contain information provided by other users of the site. The Provider will not verify the accuracy of any information submitted by users, and the opinions and views expressed by users are not those of The Provider and are not endorsed by us. The Provider does not make any representation or warranty regarding rights in materials submitted by users. In the course of using this site, users may provide information about themselves to other users. You understand that the Provider does not guarantee the identity of any other user with whom you may interact, or the authenticity of any information the user may provide about him/herself.
We reserve the right to modify, add or remove content, features and/or functionality available through the site in our sole discretion. However, in the case of Subscription Services, we will not remove any user-provided content associated with a user’s account until termination of the applicable subscription period, unless we believe such content violates these Terms of Use.
USE OF CONTENT FROM THE SITE
This Site and its contents, and all other tools, software, files, graphics and data are the property of and owned by the Provider or its licensors and are protected by copyright, trademark and other laws of the United States and other countries. The Provider grants you a personal, revocable, non-exclusive and non-transferable right to access and display the Content your own personal, non-commercial use. You may not access this site through a single account on more than one computer or computer system concurrently. Multiple use configurations and network distribution of this site or any content or features on the site are expressly prohibited. You may not modify or delete any copyright, trademark or other proprietary notice that appears on any Materials on this site. Reproduction of the contents of any Materials or courses available through this site (if applicable) is expressly prohibited. The Provider does not purport to grant any rights to Content appearing on this site that are not copyrighted in the name of The Provider and does not make any representation or warranty of any kind concerning rights in such Content.
You agree that you will not make any use of the Content except as expressly permitted by these Terms of Use, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any part of the Content. Without limiting the generality of the foregoing, you agree not to use the Content for any commercial purpose, which includes, without limitation, (i) selling access to the Services or Content on the site, (ii) including any Content in any website, widget or printed material to which access is sold, or (iii) using the Content or Services on the site for the purpose of earning revenue through subscriptions or advertisements.
All login credentials, content, materials, information, and structure, including but not limited to: written content, digital materials, videos, lectures, recordings, visual and audio aids, and all content that you will receive or have access to (collectively, “Content”) is for your personal use only and may not be shared, resold, auctioned, or transferred to another person or entity in any manner. You agree that your enrollment in any course is for the sole purpose of your personal use and benefit only. You will not share any course material with someone else who has not also enrolled in and paid for the course. You will not use any Content to compete with the Provider, and you will not provide any Content to any person or entity for use in competing with the Provider.
No Framing, data mining or use of meta tags. Without the prior written permission of the Provider, you may not frame or establish inline links to any Content which require registration to access, nor may you incorporate into another website or other product or service any intellectual property of the Provider or any of its licensors. Use of manual or automated devices or other processes to “crawl” or “spider” any part of this site is strictly prohibited. You may not use any meta tags or any other “hidden text” utilizing the Provider’s name or trademarks without express written consent. Requests for permission to frame, or to establish inline links to, or otherwise incorporate our online content may be sent to: legal@siupinghealing.com.
TRADEMARKS AND COPYRIGHTS
This site features trademarks, service marks and logos that are the property of the Provider. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright laws of the United States and other countries.
INTELLECTUAL PROPERTY RIGHTS OF OTHERS
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at: legal@siupinghealing.com.
Please include all of the following in your notification:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the site;
- your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MONITORING AND TERMINATION; REPEAT INFRINGERS
We may, but are not obligated to, monitor any or all activity and/or content on this site. If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing content or terminating accounts. Without limiting the foregoing, it is our policy to terminate the account of any user whom we determine to be a repeat infringer of these Terms of Use or any third-party rights. Nothing in this section in any way limits our right to terminate accounts, as provided in the section entitled “Personal Registration for Services”, above.
YOU USE THE SITE AND CONTENT AT YOUR OWN RISK
When using the Site, information is transmitted over a medium (the internet) which is beyond the control and jurisdiction of the provider and its suppliers, partners, presenters, authors and content providers. Accordingly, the Provider and its suppliers, partners, presenters, authors and content providers assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. We do not make warranties or representations regarding the security of the Site, the Content or Submissions (as defined below). Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet. You are responsible for maintaining the confidentiality of your user ID and password that was assigned by us, and you are responsible for all uses of them, regardless of whether the uses were authorized by you.
DISCLAIMERS
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEPROVIDER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE PROVIDER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE PROVIDER NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT OR TECHNOLOGY PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
UNDER NO CIRCUMSTANCES WILL THE PROVIDER OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Provider, its affiliates and licensors and licensees, and its and their officers, directors, members, employees, contractors, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from (i) any violation of these Terms of Use, (ii) any claim that you have violated any third-party right or that any material submitted by you caused harm or damage to a third party. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from that disruption.
LINKS
This Web site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.
WAIVER AND SEVERABILITY
Our waiver of any term or condition set forth in these Terms and Conditions shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
COMPLETE AGREEMENT
Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions and the Site’s then-current Privacy Notice, which is incorporated by reference and made a part hereof, constitute the entire agreement between you and the provider.
CONTACT US
If you have Site questions, comments, or concerns, please email legal@siupinghealing.com. Please include details of your questions, comments or concerns and your complete name and contact information.
JURISDICTION
The Provider is organized under the laws of the State of New York in the United States of America, and this site is operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms of Use. By using this site, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of this site. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO THESE TERMS OF USE
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
MISCELLANEOUS
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and the Provider with respect to use of the Web site and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.