ACCEPTANCE OF TERMS
Pearls of Wisdom Health Inc. (“PWH”) provides you with access to a variety of resources the internet site (the “Web Site”), including documentation and other information (collectively the “Documentation”), download areas, communication forums, and other services (collectively “Web Services”). The Documentation and Web Services(including any updates, enhancements, new features, and/or the addition of any new Web properties to the Web Site), are subject to the following Terms of Use (“TOU”), unless we have provided those items to you under more specific terms, in which case, those more specific terms will apply to the relevant item.
PWH reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located on the Web Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Documentation, products or Web Services obtained from the Web Sites, except as permitted by the TOU. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Please see the Privacy Policy relating to the collection and use of your information. By using the Web Site and providing any information, you are consenting to the processing of your information by PWH and consenting to our Privacy Policy.
DOCUMENTATION AVAILABLE ON WEB SITE
All Documentation is the copyrighted work of PWH and/or its suppliers. Use of the Documentation is governed by the terms of the license agreement if any, or the terms that accompany or are included with the Documentation (“Documentation License Agreement”).
If Documentation is made available to you on this Web Site without a Documentation License Agreement, then you may annotate, translate, and make a reasonable number of copies of the Documentation exclusively for your personal use. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the Documentation and ensure that both the copyright notice and this permission notice appear in those copies. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documentation for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited.
The Documentation does not include the design or layout of the www.pearlsofwisdom.health Web Site or any other PWH owned, operated, licensed or controlled site. Elements of PWH Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any PWH Web Site may be copied or retransmitted unless expressly permitted by PWH.
THE DOCUMENTATION AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION IN THIS WEB SITE. PWH AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.
You will not, directly or indirectly, (i) license, sell, lease, assign or otherwise transfer Content, (ii) alter or permit a third party to alter any part of the Content; (iii) access, use or permit the use of any Content by any other party; (iv) use or permit the use of the Web Site for other than personal use;(v) distribute copies of Content found on the Web Site in any form (including by e-mail or other electronic means), without prior written permission.
You are solely responsible for the accuracy of any information you provide to PWH in conjunction with the Web Site (your “Data”). Data will not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious.
PWH disclaims and does not represent or warrant liability or responsibility of any kind based on or resulting from unauthorized access to, damage to or interception of any Data or communications sent to or from, retrieved from or stored on the Web Site.
NOTICES REGARDING SOFTWARE, DOCUMENTATION, APIS, CONTENT AND WEB SERVICES AVAILABLE ON WEB SITE.
PWH DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE DOCUMENTATION, WEB SERVICES, CONTENT AND INFORMATION AVAILABLE ON THE WEB SITE, ALL OF WHICH ARE PROVIDED “AS-IS”. PWH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF WEBSITE CONTENT. THE USE OF THE WEBSITE AND CONTENT IS AT THE USER’S OWN RISK.
IN NO EVENT SHALL PWH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE WEBSITES, DOCUMENTATION, WEB SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE.
RESERVATION OF RIGHTS
PWH reserves all rights not expressly granted under these TOU, and no other rights are granted under these TOU by implication or estoppel or otherwise.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Web Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PWH immediately of any unauthorized use of your account or any other breach of security. PWH will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PWH or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Sites, you will not use the information, Documentation, products, and Web Services obtained from the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Documentation, products, and Web Services in any manner that could damage, disable, overburden, or impair any PWH server, or the network(s) connected to any PWH server, or interfere with any other party’s use and enjoyment of any information, Documentation, products, and Web Services available from the Web Sites. You may not attempt to gain unauthorized access to any information, Documentation, products, and Web Services obtained from the Web Sites, other accounts, computer systems or networks connected to any PWH server or to any of the Websites, information, Documentation, products, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites.
USE OF WEB SERVICES
The Websites may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Service(s)”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Web Sites and Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web Services or other user or usage information or any portion thereof.
PWH has no obligation to monitor the Communication Services. However, PWH reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PWH reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
PWH reserves the right at all times to disclose any information PWH deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PWH’s sole discretion.
Always use caution when providing any personally identifiable information in any Communication Service. PWH does not control or endorse the content, messages or information found in any Communication Service and therefore, PWH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PWH spokespersons, and their views do not necessarily reflect those of PWH. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO PWH OR POSTED AT ANY PWH WEB SITE
By posting, uploading, inputting, providing or submitting any information or feedback (“Submission”) you are granting PWH, its affiliated companies, and sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a PWH software or service that includes the Submission), without charge, the right to use, share and commercialize your Submission in any way and for any purpose. You will not give any Submission that is subject to a license that requires PWH to license its software or documentation to third parties because we include your Submission in them. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to post the Submission. Submissions reflect the opinion of the author and not the opinion of PWH.
LINKS TO THIRD PARTY SITES
THIRD PARTY LINKS WILL LET YOU LEAVE PWH’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PWH AND PWH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PWH OF THE SITE.
TRADEMARKS
“PWH Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations PWH uses in connection with its products and services. You may not remove or alter any PWH Trademarks, or co-brand your own products or material with PWH Trademarks, without PWH’s prior written consent. You acknowledge PWH’s rights in PWH Trademarks and agree that any use of PWH Trademarks by you shall inure to PWH’s sole benefit. You agree not to incorporate any PWH Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
SEVERABILITY
If any provision of the TOU is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the TOU.
GOVERNING LAW AND JURISDICTION
All matters relating to your access to, or use of any PWH website are governed by the laws of the Commonwealth of Massachusetts, USA. Any legal action or proceeding relating to your access to or use of any PWH website shall be instituted in a state or federal court in Middlesex County, Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.