HolisticHarmony.com considers your privacy an extremely high priority. For this reason we have gone to extra expense to especially protect your credit card information. All personal information is collected through a secure server. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as a membership form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'.

We will not release any personally identifiable information such as your name, address, e-mail address, phone number or credit card information without your consent. HolisticHarmony will only disclose or share such information in order to conform to the edicts of the law, protect and defend the right or property of HolisticHarmony, or act under exigent circumstances to protect the personal safety of its members or the public. Learn more about our privacy policy below.

We welcome you to the HolisticHarmony web site. A prerequisite for entering or using this site is that you agree to comply with and be bound by the following terms and conditions of use. Please review the following terms and conditions carefully. If you do not agree to be bound by and comply with the following terms and conditions, you should immediately exit from this web site. Thank you.

You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (the "Agreement") with respect to our HolisticHarmony.com web site. If you do not agree to be bound by these terms and conditions, you may not enter or use the HolisticHarmony.com web site.

We may amend this Agreement at any time without specific notice to you. The most recent form of this Agreement will be posted at all times on the HolisticHarmony.com web site, and you should review this Agreement each time prior to visiting or using the HolisticHarmony.com web site. Your continued access to or use of the HolisticHarmony.com web site shall be deemed as your conclusive acceptance of any modified terms and conditions of this Agreement.

Our privacy policy, as we may change it from time to time, is a part of this Agreement.

Use of Personal Information. You agree that information which may personally identify you, such as your name or address, may be gathered, processed or used in the following instances:

(1) if you use HolisticHarmony.com to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during a HolisticHarmony.com session, the company that sells or provides such physical goods or services may obtain such information;

(2) if you use the HolisticHarmony.com web site to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered or made accessible to you by means of electronic transmission during a HolisticHarmony.com session, the company providing such content, goods or services may obtain such information;

(3) if you obtain dial-up access to HolisticHarmony.com from a third party independent internet access provider (an "IAP"), information relating to you may be obtained by the IAP; and

(4) HolisticHarmony.com and your IAP may use information as is necessary for enforcement of any of the terms of this Agreement.

Your E-Mail Address. Although your e-mail address will not be disclosed directly to a third party except as described in this Agreement, with your prior consent HolisticHarmony.com may use your e-mail address to forward special offers or communications from selected companies to you, unless you declare your dissent.

Cookies. During your use of the HolisticHarmony.com web site, a third-party web site partner or advertiser, or one of our business associates may place a text file called a "cookie" in the browser files of your computer. Cookies are pieces of information that a Web Site transfers to an individual's hard disk for record keeping purposes. The cookie itself does not contain information that would personally identify you, although it could enable HolisticHarmony.com to relate your use of the site to information that you have specifically and knowingly provided to the site. You have the ability to set up your software to not accept cookies or to present you with the option of accepting them or not.

The content, organization, graphics, design, software, compilation, magnetic translation, digital conversion and other matters related to the HolisticHarmony.com web site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the HolisticHarmony.com web site, except as specifically allowed herein, is strictly prohibited. You may not acquire any ownership rights to any content, document or other materials viewed through the HolisticHarmony.com web site. The posting of information or materials on the HolisticHarmony.com web site does not constitute a waiver by us of any rights to such information and materials.

You agree to grant to HolisticHarmony.com a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of HolisticHarmony.com (such as discussion forums, message boards and chat rooms) by all means and in any media now known or hereafter developed.

You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against HolisticHarmony.com for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

The words: HolisticHarmony.com, HolisticHarmony, Life Clarification Capsules and Life Clarification Process are either trademarks or registered trademarks of HolisticHarmony.com.

The viewing, printing or downloading of any content, graphic, form or document from the HolisticHarmony.com web site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for any republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Unless otherwise state by our web site, no part of any content, form, or document, may be reproduced in any form, including but not limited to photostat, microfilm, xerography or digital reproduction, or be incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the HolisticHarmony.com web site.

You agree to indemnify, defend and hold us and our partners, attorneys, staff, information providers and suppliers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of any term or condition of this Agreement, use of the HolisticHarmony.com web site, or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing HolisticHarmony.com using your service account.

Conduct.

You understand that all information, images, graphics, data, text, files, links, software, chat, message, communication or other material ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HolisticHarmony.com , are entirely responsible for all Content that you publish, post, distribute, display, disseminate or otherwise transmit via the HolisticHarmony.com web site.

Under no circumstances will HolisticHarmony.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the HolisticHarmony.com web site.

You agree not to use the HolisticHarmony.com web site to:

a. Upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Harm children or minors in any way;

c. Impersonate any person or entity.

d. Take any action that disrupts the operation of any chat room, including, without limitation, by causing any screen in any chat room to scroll more quickly than other users are able to type messages on that screen, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

e. Upload, post, email or otherwise transmit any material that contains "trojan horses", "worms", software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

f. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of an employment or fiduciary relationship or under a nondisclosure agreements);

g. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

h. Upload, post, email, or otherwise transmit any unsolicited or unauthorized charity request, advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," or any other form of unauthorized solicitation;

i. Intentionally or unintentionally, violate any applicable local, state, national, or international law.

j. Use any automated means, including, but not limited to, electronic "spiders", "robots", or "crawlers" to download data from any HolisticHarmony.com database other than those supported by HolisticHarmony.com ;

k. Sell or otherwise distribute any data obtained from any HolisticHarmony.com database; or

l. Incorporate data from any HolisticHarmony.com database into any emails or other "white pages" products or services, whether browser-based, based on proprietary client-side applications, web-based, or other, without the prior express written permission from HolisticHarmony.com.

Termination of account

HolisticHarmony.com may terminate the account (membership) of any user or member who violates this Agreement, violates the rights of HolisticHarmony.com or of any third party.

HolisticHarmony.com does not prescreen or monitor any member-created Content available on or through the Service prior to its posting, although HolisticHarmony.com reserves the right to engage in such prescreening and monitoring, including without limitation the right to edit, refuse to post, or remove any Content.

Consequently, you and any user of your account must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any Content. Nonetheless, HolisticHarmony.com shall have the right, but not the responsibility, to remove Content, which is deemed in HolisticHarmony.com’s sole discretion to be harmful, offensive, or otherwise in violation of this Agreement or of any rules that HolisticHarmony.com has in place at the time.

HolisticHarmony.com may elect in its sole discretion to monitor some, all, or no areas of the HolisticHarmony.com web site for adherence to this Agreement of HolisticHarmony.com ’s rules. Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.

User Representations.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use HolisticHarmony.com in accordance with this Agreement. You agree to be financially responsible for your use of HolisticHarmony.com (as well as for use of your account by others, including any minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

Nontransferable.

Your right to use the HolisticHarmony.com web site is not transferable. Any password or right given to you by HolisticHarmony.com to obtain information or documents from the HolisticHarmony.com web site is not transferable.

Disclaimer.

The information provided through this HolisticHarmony.com web site is for educational and/or informational purposes only. THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THIS SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. We and our affiliated partners assume no responsibility for how you use the information provided through this HolisticHarmony.com web site. You should always seek the advice of your physician or other qualified health-care provider prior to starting any new treatment or with any questions you may have regarding a specific medical condition.

PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS HolisticHarmony.com WEB SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE HolisticHarmony.com WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Waiver, Release and Limitation of Liability.

YOU AGREE THAT NEITHER holisticharmony.com , NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF holisticharmony.com. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST holisticharmony.com , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF HolisticHarmony.com , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF HolisticHarmony.com.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF HolisticHarmony.com , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION, GOODS OR SERVICE PROVIDED. IN NO EVENT SHALL HolisticHarmony.com , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF HolisticHarmony.com ARE HEREBY EXCLUDED EVEN IF HolisticHarmony.com ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Rights.

The provisions above relating to indemnification and waiver, release and limitation of liability are for the benefit of HolisticHarmony.com and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Use of Information.

We reserve the right to use or assign, and you authorize us to use or assign, all of the information regarding the HolisticHarmony.com web site generated by you and all of the information provided by you through use of the HolisticHarmony.com web site by you, in any manner consistent with our privacy policy.

Third Party Services.

We allow access to or advertise third-party merchant sites ("Merchants") on the HolisticHarmony.com web site from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS WHICH TAKE PLACE ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR HolisticHarmony.com WEB SITE.

Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while you are on such sites. We are not responsible for information provided by you to Merchants. Both HolisticHarmony.com and Merchants are independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.

Links to Other Web Sites.

The HolisticHarmony.com web site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and we do not investigate, monitor or check such web sites for accuracy or completeness. Inclusion of any linked web site on our HolisticHarmony.com web site does not imply approval or endorsement of the linked web site by us. If you decide to leave our HolisticHarmony.com web site and access these third-party sites, you do so at your own risk.

Information Press Releases.

The HolisticHarmony.com web site contains information and press releases about us. While this information is believed to be accurate as of the date prepared and released, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in this press release or otherwise, should not be relied upon as being provided by or endorsed by us.

Securities Laws.

The HolisticHarmony.com web site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control. When used on our HolisticHarmony.com web site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.

Miscellaneous.

This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to conflict of law principles. Any cause of action by you with respect to the HolisticHarmony.com web site, and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in a federal or state court or competent jurisdiction sitting in the State of Massachusetts.

Severability.

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

Copyright © 2000 - 2001 All Rights Reserved. HolisticHarmony.com ® is a registered trademark of Holistic Harmony.