Website terms of use agreement

WARNING: YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE INTERACTIVE PARTS OF THIS WEBSITE.

WEBSITE TERMS OF USE AGREEMENT

IMPORTANT-READ CAREFULLY: This Terms of Use Agreement (the “Agreement”) is a legal agreement between you (“You” or “Your”) and Carrie Kostiner Wellness, LLC, a California limited liability company (hereinafter referred to as “CKW”) pertaining to Your use of the Website (as defined in Section 3 below). This Agreement sets forth the terms and conditions for You to use the Website and any related or successor site(s) thereto operated directly or indirectly by CKW.

This Agreement is an ongoing contract between You and CKW and affects Your rights. You should read it carefully.

1. Information and Other Services. The Website solely is intended to provide information and educate the public about various topics relating to health and wellness, and to inform You about the services provided by CKW and any individual providing services through CKW, including without limitation, Carrie Kostiner, an individual. As part of the educational component, the Website may also give You the option to interact through the Website, for example, by answering questions, sharing your own experiences with your healthy journey, and posting information to the Website. If You participate in any interactive feature of the Website, whether such feature is currently or will be offered in the future, You may be subject to any additional terms and conditions related thereto. Such interactive features of the Website are intended to serve only as a forum and do not necessarily include any endorsement by CKW, or any of its officers, members, managers, contractors, employees, agents, attorneys, or affiliates. Neither the Website nor CKW certifies the character of any Website participants. To the extent permitted by law, including Title VI of the Civil Rights Act of 1964, as amended, CKW reserves the right to refuse service to anyone.

2. Minimum Age Requirement. You affirm that You are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and to comply with this Agreement. Persons under the age of 18 are not permitted to use the interactive portions of the Website, set up an account through the Website, submit a request for information or to set up an initial consultation, or otherwise submit personal information to the Website, or arrange for any services offered by the Website.

3. The Website. This Agreement descries the terms and conditions for You to use www.carriekostinerwellness.com, and/or any related or successor site(s) operated directly or indirectly by CKW, including, without limitation, any separate site(s) used by CKW for any side window, q & a, bulletin board, or feedback posting, relating to any service offered by CKW, technical support, or hosting (singularly and collectively, the “Website”).

When using the Website or any services provided via the Website, You agree to abide by any applicable posted guidelines for such services, which guidelines may change from time to time. Should You object to any provision of this Agreement, or any subsequent modification thereto, or become dissatisfied with the Website in any way, Your only recourse is to immediately discontinue use of the Website.

4. License. CKW hereby grants you a non-exclusive, revocable license to use the Website solely for Your own personal use, subject to and as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) you will not copy, distribute, or make derivative works of the Website in any medium without CKW’S prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws. By installing any part of, copying, accessing or otherwise using the Website, You acknowledge and accept that You will be legally bound by this Agreement. If You do not agree to any provision of this Agreement, then CKW is unwilling to grant you this license and You must not install, copy, access or otherwise use the Website.

5. Title and Copyright in the Website. It is hereby understood and agreed that CKW is the owner of all rights, title and interest, including, without limitation, all copyrights, in and to the Website and any copies thereof, regardless of the media or form in which the Website or copies thereof may exist. Except as expressly provided herein, You do not acquire any rights, title or interest to the Website. The Website and its component parts are licensed, not sold or given, to You by CKW. CKW reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Website, including, but not limited to, Content (defined below) or functionality. CKW hereby reserves all rights not expressly granted to You. You may not sell or commercially use any portion of the Website, including any Editorial Content (defined below) or other Content Posted (defined below) on the Website, or any part thereof. The Website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

6. No Warranties. The Website, including all materials and information included thereon, is furnished “as is” and with all faults. CKW, and its technical support/maintenance providers, contractors, distributors, advertisers, and sublicensees, make, and You receive, no warranties, express, implied, or statutory, in any communication with You. To the maximum extent permitted by applicable law, CKW, and its technical support / maintenance providers, distributors, advertisers, and sublicensees disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of the Website will be uninterrupted or error-free. You expressly assume all risk resulting from support / maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloaded material, harmful component, or through any use of the Website or any site or server through which the Website is available, including, without limitation, at www.carriekostinerwellness.com. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of the Website.

7. Limitation of Liability. CKW and its officers, members, managers, contractors, employees, distributors, advertisers, licensees, sublicensees, agents, and attorneys shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information provided on or in connection with or obtained from the Website, including without limitation, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials. IN NO EVENT SHALL CKW OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE.

8. Substance of Content; Waiver of Rights. You acknowledge and understand that when using the Website, you may be exposed to Content from a variety of sources, and that CKW is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further acknowledge and understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CKW with respect thereto.

9. Website Users - Parameters.

A. Community Standards. While using the Website, You are a part of CKW’s community, which may include, without limitation, bulletin boards, feedback boards, and polls regarding use of the Website and its services that allow You and other users to post information and provide feedback. You agree to respect the rights of other users as described in this Agreement.

B. Content. As used in this Agreement, “Content” means any and all postings, messages, text, files, images, hyperlinks, programs, and similar materials. To “Post” means to post on, transmit through, link from, upload, transfer, disseminate, distribute, facilitate distribution, and/or make available through, the Website.

C. External Links. The Website and Content may contain links to and comments on other websites that are completely independent of the Website. CKW makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained in any such site. You link to or comment on any other websites at Your own risk. You agree that You must evaluate and bear all risks associated with the use of any Content, and that under no circumstances will CKW be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Posted Content.

D. Spamming. You shall not directly or indirectly use the Website for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. "Spam" or "Spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements.

E. Reuse of Content. Any collection, aggregation, copying, harvesting, duplication, display or derivative use of the Website or Posted Content, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose is prohibited unless expressly permitted by CKW in writing.

Notwithstanding the foregoing, CKW grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. CKW reserves the right to revoke these exceptions generally or in specific cases.

10. Editorial Policies.

A. Editorial Content. CKW believes that everyone has the right to learn about health and wellness. To that end, certain portions of the Website are intended to provide resources and/or information about various health and wellness topics, and may include, from time to time, certain Content created by Carrie Kostiner on behalf of CKW or by third parties “Editorial Content

B. Blog Contributors. Contributors to the any blog component of the Website may include CKW’s employees or contractors and guest contributors.

C. Disclaimer. Any recommendations regarding diet and lifestyle changes solely are intended to be friendly and informative. Any information provided on any portion of this Website is not medical advice and is not a substitute for the advice of a medical professional. Please see your healthcare provider before making changes to your diet or lifestyle. For more details, please see the Disclaimer and Privacy Policy.

D. Contact. If you have feedback, questions, or comments about the Website, please email us at carriekostiner@gmail.com.

E. Prohibiting Website Access, Complaints, and Investigation. CKW reserves the right to prohibit use of the Website by any user who, in CKW’s sole and absolute discretion, violates any provision of this Agreement. Such prohibition may occur without notice to the user. If You believe a user is violating this Agreement, please contact us at carriekostiner@gmail.com. CKW reserves the right to investigate any suspected violation of this Agreement and may gather information from the user(s) and/or complaining party, if any, and examine any Posted Content. In addition to CKW’s foregoing investigation rights, You hereby expressly authorize CKW to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party in order to enforce this Agreement or comply with any applicable law. Such cooperation may include, without limitation, CKW providing Your username, IP address, or other identifying information.

11. Links to Other Websites. The Website and materials posted on the Website may contain links to other Internet sites, which are not owned, operated, controlled, or reviewed by CKW. These links are provided solely as a courtesy and convenience to You. CKW exercises no control over the information, opinions, accuracy, copyright, trademark, compliance, or legality of the material contained on those sites and does not sponsor, endorse, or evaluate the content, proceeds, materials, opinions, products or services contained on such sites. CKW specifically disclaims any and all liability from damages, which may result from accessing any third-party site linked to the Website, or from reliance on any information or content contained in such third-party site.

12. Changes to the Agreement. CKW reserves the right to change, modify or otherwise alter the terms and conditions of this Agreement after providing written notice to Users of such amendment by posting notice of the amendment on the Website home page or by providing such other notice as CKW deems appropriate. Users shall have the right to accept or reject the amended Agreement, provided that if a user rejects the amended Agreement, such user shall no longer have any right to use the Website or participate in any relationship through the Website. The most recent version of this Agreement may be accessed at any time at the Website.

13. Privacy Policy. CKW has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is explicitly incorporated into this Agreement. The Privacy Policy is located HERE.

For information about our data protection practices, please see our Privacy Policy. By using the Website you acknowledge and agree that CKW may access, preserve, and disclose your account information, if any, and any Posted Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including the investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of CKW, its users and the public. CKW will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

You acknowledge and understand that the technical processing and transmission of the Website, including your Posted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

14. Copyright Infringement Take Down Procedure. Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), CKW has established policies for dealing with alleged and actual copyright infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send the following information to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail): (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the allegedly infringed material is located on the Website; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iv) your address, telephone number, and email address so that CKW is able to contact you; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf . A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

CKW’s designated Copyright Agent to receive Notice of claimed infringement is: Carrie Kostiner, c/o Counsel LLP, 230 California Street, Suite 201, San Francisco, CA 94111; 415-596-3709; ckostiner@counselllp.com.

You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. CKW will remove any infringing material, subject to the counter-notice and put-back procedures outlined in the DMCA. Notwithstanding CKW instructions above, you are solely responsible for ensuring that any Notice you provide to CKW complies with the provisions of the DMCA.

15. Term. This Agreement shall continue for as long as You use the Website, or until terminated by CKW, whichever occurs first.

16. Additional Limitation of liabilities. The limitation of liability is to the maximum extent permitted by applicable law. In no event shall CKW, its officers, members, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, including without limitation, Your participation in any interactive aspect of the Website and Your use of any information provided on or in connection with or obtained from the Website, even if CKW has been advised of the possibility of such damages.

17. Indemnity. In consideration of being permitted to use the Website, You agree to indemnify and hold harmless CKW, and its officers, members, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, from any claim or demand, including reasonable attorneys’ fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties herein, or Your violation of any rights of another.

18. Governing Law/Jurisdiction. This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to its choice of law rules. You and CKW agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in Marin County, California or in the United States District Court for the Northern District of California in San Francisco, California (U.S.A.), and You and CKW irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause(s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code. You hereby expressly and specifically waive any objection You may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts.

19. General. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions and understandings between them. Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. CKW’s failure to act with respect to a breach or breaches by You or any third party does not waive CKW’s right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY IT.