Terms of Service

PLEASE READ THESE TERMS CAREFULLY PRIOR TO ANY USE.

Welcome to Your Holistic Earth Inc. These Terms of Service outline the terms upon which your use is subject to and may be updated from time to time. Please read this document carefully, and ensure that you understand it. If you do not understand it, or do not accept any part of it, then you may not use this service.

You agree that these Terms of Service represent a legally binding contract between you and Your Holistic Earth Inc. (hereinafter referred to as the “Company” or “Your Holistic Earth”) governing your use of the Company’s website (https://www.yourholisticearth.com or the “Site”) and its Services, as defined below. The Company’s Services and the Site are collectively referred to hereafter as the “Your Holistic Earth”.

Any personal data that you submit to the Your Holistic Earth or which we collect about you is governed by our Privacy Policy. A copy of our Privacy Policy is available below. You acknowledge that by using the Your Holistic Earth you have reviewed the Privacy Policy.

Your use of the Your Holistic Earth Site constitutes your acceptance of and agreement to all of the terms and conditions contained in these Terms of Service, the Privacy Policy, and any future amendments and/or additions thereto. Your use also constitutes your acceptance of and agreement to our Disclaimer. A copy of our Disclaimer is available below.

 These Terms of Service, the Privacy Policy, and the Disclaimer are incorporated by reference these Terms, and together all three (3) documents form and are hereafter referred to as the “Agreement”.

 PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND YOUR HOLISTIC EARTH INC. CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS, AS APPLICABLE) AND YOU ACCEPT ALL OF ITS TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YOUR HOLISTIC EARTH INC SITE.

If you are a user in Canada, you must be 18 years old. If you are a user elsewhere, you must meet at least the minimum required age in the jurisdiction in which you reside, and be otherwise capable of entering into binding contracts, to use or access the Your Holistic Earth Site. If you are under 18 years old, or the age of majority in your jurisdiction, then you may not use or access the Your Holistic Earth Site.

 A few highlights of these Terms of Service include:

  • Your agreement that the Your Holistic Earth is provided “as is” and without warranty (Section 13);
  • Your agreement that Your Holistic Earth Inc. has no liability regarding the Site or the performance of Services (as defined below at Section 1) (Sections 13 and 14);
  • Your acknowledgment and agreement that Practitioners and Users, and not Your Holistic Earth, at all times supervise, direct, control, and monitor all Holistic Health Services and Professional Services, provided (Section 1);
  • Your acknowledgement and agreement that Practitioners, or clients of any Practitioner, are solely responsible for determining whether the Practitioner they hire is qualified to perform the task at hand;
  • Your acknowledgement and agreement that Practitioners are independent contractors and not employees of Your Holistic Earth Inc. (Sections 1 and 10);
  • Your consent to release the Company from any liability based on claims between Practitioners, Practitioners and their clients, or Users (Section 2);
  • Your agreement to indemnify and hold harmless the Company from any and all claims arising from your use or inability to use the Your Holistic Earth Site or content submitted by you to the Your Holistic Earth Site (Section 14); and
  • Your consent to submit any claims against the Company to binding arbitration, and on an individual basis only, to the extent permissible by law (Section 15 and 16).
  1. Your Holistic Earth Inc.

Your Holistic Earth is a web-based platform that profiles the services of practitioners. 

Practitioners” are individuals and/or businesses who provide holistic health services, professional business services, training, and products (collectively, “Holistic Health Services” or “Services”).

All Practitioners, and all visitors browsing the Site are collectively referred to hereafter as “Users”. 

PRACTITIONERS ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, OF THE COMPANY. THE COMPANY DOES NOT PERFORM HOLISTIC HEALTH SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM HOLISTIC HEALTH SERVICES. USERS HEREBY ACKNOWLEDGE THAT THE COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PRACTITIONER’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE HOLISTIC HEALTH SERVICE(S) IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

Your Holistic Earth Inc. only enables connections between Users. The Company is not responsible for the performance and/or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, and/or any other aspect whatsoever of Holistic Health Services, Practitioners, Users, Practitioner’s clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. The Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Holistic Health Services requested nor services provided by, and/or the communications of or between, Users identified through the Your Holistic Earth, whether in public, private, or offline interactions or otherwise howsoever.

  1. User Vetting and User Representations and Warranties

 

  • User Vetting

 

At the Company’s sole discretion, Practitioners and/or Users may be subject to an extensive vetting process before they can register for and/or during their use of the Your Holistic Earth Site, including but not limited to a verification of identity, using third party services as appropriate (“Identity Checks”). Although the Company may perform Identity Checks, the Company is not required to do so, and cannot confirm that each User is who they claim to be. The Company cannot and does not assume any responsibility for the accuracy or reliability of any User’s identity, Identity Check information and/or any information provided through the Your Holistic Earth Site.

Once vetted to the Company’s standards, the Company may place a “Verification Icon” on any Practitioner’s profile to demonstrate that the Practitioner has been successfully vetted by the Company. The Verification Icon in no way guarantees the accuracy or reliability of the Practitioner’s identity. 

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you do not know. Your Holistic Earth Inc. is not liable for any false and/or misleading statements made by Users of the Your Holistic Earth Site.

 

NEITHER YOUR HOLISTIC EARTH INC. NOR ITS PARENTS, AGENTS, EMPLOYEES, AFFILIATES AND/OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “YOUR HOLISTIC EARTH AND AFFILIATES”) ARE RESPONSIBLE FOR THE CONDUCT, ACTS, AND/OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE YOUR HOLISTIC EARTH SITE. YOU HEREBY RELEASE YOUR HOLISTIC EARTH INC. AND AFFILIATES FROM ANY AND ALL LOSSES, LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS OF ANY KIND IN NATURE, AT LAW, IN EQUITY, OR OTHERWISE, AND/OR DAMAGES HOWEVER ARISING OF EVERY KIND AND EVERY NATURE, AT LAW, IN EQUITY, OR OTHERWISE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR HOLISTIC EARTH INC.

 

  • User Representations and Warranties

 

You represent and warrant that: 

(1) you are 18 years of age or older, or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and;

(2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company, agent, employee, and/or any other organization (“entity”), you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Your Holistic Earth Site. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and/or home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Service and/or any interaction by or with any User and/or Company in connection with the Your Holistic Earth Inc. without the prior written consent of the Company and/or the relevant User, as applicable. 

You further represent and warrant that you will act professionally and responsibly in your interactions with other Users. You represent and warrant that when using or accessing the Your Holistic Earth Site, you will act in accordance with any and all applicable local, state, provincial, national, and/or international law and/or custom and in good faith.

You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which the Company may reasonably wish to know about in connection with the Your Holistic Earth Inc., including without limitation, if you are using and/or will and/or intend to use the Your Holistic Earth Inc. for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to the Company in writing any such motivation, status and/or interest, whether existing prior to registration or as arising during your use of the Your Holistic Earth Site, or thereafter.

All Practitioners additionally represent and warrant that they will only offer and provide services for which they have the necessary skills and expertise, and that they will provide the services safely and in accordance with all applicable laws, and that they have the legal right to work in the country in which they are performing Services.

  1. Public Areas; Acceptable Use

Your Holistic Earth Site may contain profiles, email systems, blogs, reviews, ratings, job postings, chat areas, and/or other message or communication facilities (“Public Areas”). 

 Without limitation, while using the Your Holistic Earth Site, you may not:

  • Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and the Your Holistic Earth staff, or use information learned from the Your Holistic Earth to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User, or Company staff;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Your Holistic Earth Site;
  • Use the Your Holistic Earth Site for any unauthorized purpose, including, but not limited to posting or completing a Service in violation of local, provincial, national, or international law;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or the Company;
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Your Holistic Earth Site which are not relevant to the Holistic Health Services offered through the Your Holistic Earth Site;
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
  • Create the same content on the Your Holistic Earth Site repeatedly (“Spamming”) – Spamming is strictly prohibited and Your Holistic Earth reserves full and complete discretion to determine what qualifies as Spamming;
  • Download any file posted by another User that a User knows, or reasonably should or could know, cannot be legally distributed through the Your Holistic Earth Site;
  • Restrict or inhibit any other User from using and/or enjoying the Public Areas;
  • Imply or state that any statements you make are endorsed by Your Holistic Earth Inc., without the prior written consent of the Company;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Your Holistic Earth Site, or the electronic addresses or personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the Your Holistic Earth Site, or any portion thereof;
  • Hack or interfere with the Your Holistic Earth, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate Your Holistic Earth for your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks and/or proprietary marks and/or rights owned by Your Holistic Earth Inc. and Affiliates;
  • Upload content to the Your Holistic Earth Site that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones and/or promotes racism, bigotry, hatred and/or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
  • Use the Your Holistic Earth Site to solicit for other business’, website and/or service(s), or otherwise contact Users for employment, contracting and/or for any purpose not related to use of the Your Holistic Earth Site, as described herein;
  • Use the Your Holistic Earth Site to collect usernames, email addresses, and/or other personal information of Users by electronic or other means;
  • Use the Your Holistic Earth Site to offer Holistic Health Services or receive Holistic Health Services in a manner that is a violation of this Agreement;
  • Use the Your Holistic Earth Site in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secret information for public disclosure or other purposes;
  • Register under different usernames and/or identities after your account has been suspended or terminated, and/or register under multiple usernames or false identities, and/or register using a false or disposable email or phone number; or
  • Cause any third party to engage in any restricted activities identified above and herein.

 

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name and/or login identification when communicating in Public Areas. Your Holistic Earth Inc. will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

  1. Termination and Suspension

 The Company may terminate or limit your right to use the Your Holistic Earth Site in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written and/or email notice. Such termination and/or limitation will be effective immediately upon delivery of such notice.

If the Company terminates and/or limits your right to use the Your Holistic Earth Site pursuant to this Section, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Your Holistic Earth Site as a Client due to a User Breach, you will not be entitled to any refund of any unused balance in your account.

Even after your right to use the Your Holistic Earth Site is terminated or limited, this Agreement will remain enforceable against you. The Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 15 or Section 16 of these Terms of Service.

The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Your Holistic Earth Site at its sole discretion. The Company is not liable to you for any modification or discontinuance of all or any portion of the Your Holistic Earth Site. The Company has the right to restrict anyone from completing registration as a Practitioner if the Company believes such person may threaten the safety and integrity of Your Holistic Earth Inc., or if, at the Company’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Your Holistic Earth Site. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

  1. Pricing, Billing and Payment

The Company provides Practitioners and Users with pricing information displayed on and through the Site. Coupons may be sent to certain Practitioners and Users from time to time, at the sole discretion of the Company.  

 All Services will be purchased using valid credit cards, only. Practitioners and Users who register with the Company will be required to provide their credit card information to the Company prior to use. Practitioners and Users will be responsible for paying: 

  • registration fees, as applicable;
  • cancellation fees, if and as applicable, and;
  • repayment of erroneous payments.

 

Practitioners may cancel their membership at any time. Any Practitioners that cancel their membership will forfeit any member benefits current or scheduled in the future that is associated with said membership. 

Any Practitioners that miss a payment will have their membership paused. If payment is not received within 15 days Practitioners forfeit any member benefits current or scheduled in the future associated with said membership. At which time their membership will be cancelled.

Practitioners may downgrade their membership at any time. Downgrading will forfeit any member benefits current or scheduled in the future associated with said membership.

Users may cancel their yearly membership at any time and are not eligible for any refunds.

  1. Account, Password, Security, and Mobile Phone Use

You must register with the Company and create an account to use the Your Holistic Earth Site (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by the Company for accessing the Your Holistic Earth Site. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Your Holistic Earth Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all of the terms and conditions contained in this Agreement, and the terms provided herein. The Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or should you suspect any other breach of security, you agree to contact the Company immediately.

  1. Promotional Material

The Company may from time to time provide certain promotional opportunities to and for Users. All such promotions will run at the sole discretion of the Company, and can be activated, modified, and/or removed at any time by the Company without prior notice. The liability of the Company or any of its corporate partners pursuant to these promotional opportunities and/or contests shall be limited pursuant to Sections 13 and 14 of these Terms. 

Promotional opportunities will be available via email newsletters sent by the Company containing coupons, opportunities for additional services, opportunities to upgrade a Practitioner’s profile, discounts, and similar promotions. Users may unsubscribe from receipt of the promotional newsletters, at any time.

  1. User Generated Content

 “User Generated Content” is defined as any information and materials you provide to the Company, its corporate partners, or any other Users in connection with your registration for and use of the Your Holistic Earth Site, including without limitation those posted or transmitted for use in Public Areas, and on your profile. You are solely responsible for User Generated Content, and agree that the Company acts merely as a passive conduit for your online distribution and the publication of your User Generated Content. You acknowledge and agree that Your Holistic Earth Site is not involved in the creation or development of User Generated Content; disclaims any responsibility for User Generated Content; and cannot be liable for any claims, liabilities, demands, causes of action or otherwise arising out of or relating to User Generated Content. Furthermore, you acknowledge and agree that Your Holistic Earth Inc. has no obligation to monitor, review, and/or remove User Generated Content, but reserves the right to limit and/or remove User Generated Content on the Your Holistic Earth Site at its sole discretion.

You hereby represent and warrant to Company that your User Generated Content: 

(a) will not be false, inaccurate, incomplete or misleading; 

(b) will not be fraudulent or involve the sale of counterfeit or stolen items; 

(c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; 

(d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); 

(e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; 

(f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; 

(g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; 

(h) will not represent you being employed and/or directly engaged by and/or affiliated with Your Holistic Earth Inc. or purport you to act as a representative and/or agent and/or employee of Your Holistic Earth Inc.; and 

(i) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

 

The Your Holistic Earth Site hosts User Generated Content relating to reviews and ratings of specific Practitioners (“Feedback”). Such Feedback is any User’s opinion and not the opinion of the Company, has not been verified or approved by Company and each User should undertake their own research to be satisfied that a specific Practitioner is the right person for a Health Service. You agree that the Company is not responsible or liable for any Feedback or other User Generated Content. The Company encourages each User to give objective, constructive and honest Feedback about other Users with whom they have transacted. The Company is not obligated to investigate any remarks posted by Users for accuracy and/or reliability but may do so at its discretion.

You hereby grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and/or improve the Your Holistic Earth Site.

Each Practitioner who provides the Company with any videotape, film, recording, photograph, voice, document, material, or any related materials, including instrumental, musical, and other sound effects (collectively, “Media”), in exchange for the right to use the Your Holistic Earth Site, hereby waives any and all moral rights in connection with such Media and irrevocably grants to the Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

  • Exhibit, distribute, display, transmit, and/or broadcast on any and all media outlets, including, without limitation, the internet, video, film, social media, newspaper or any other like device or outlet such Media;
  • Expressly use, reproduce, modify, or create derivatives of such Practitioner’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”);
  • Exhibit, distribute, display, transmit, and/or broadcast on any and all media outlets, including, without limitation, the internet, video, film, social media, newspaper or any other like device or outlet any recording, document, material or photograph that Company takes of Practitioner;
  • Reproduce in all media outlets any recordings of such Practitioner’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Your Holistic Earth Inc.;
  • Use, and permit to be used, such Practitioner’s Physical Likeness, Media and Voice in the advertising, marketing, and/or publicizing of Your Holistic Earth Inc. in any media outlet; and
  • Use, and permit to be used, such Practitioner’s name and identity in connection with Your Holistic Earth Inc.

 

Each Practitioner warrants and represents that they have the lawful authority to grant the rights set out above. Each Practitioner hereby waives all rights, and releases Your Holistic Earth Inc. and its Affiliates from any and all losses, liability, claims, demands, causes of action, suits of any kind, in nature, at law, in equity, or otherwise, and/or damages however so arising of every kind and every nature, at law, in equity, or otherwise, whether now known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to this Section and specifically for defamation, invasion of right to privacy, right of publicity or appropriation of personality, or any similar matter, based upon or relating to the use and exploitation of such Practitioner’s identity, Media, Physical Likeness, or Voice and in connection with Your Holistic Earth Inc.

Each Practitioner acknowledges that Your Holistic Earth Inc. shall not owe any financial or other remuneration for using the Media, Physical Likeness or Voice provided hereunder by such Practitioner, either for initial or subsequent transmission or playback, and agrees to hold harmless Your Holistic Earth Inc. from any and all damages arising however so arising and whenever so arising. Such Practitioner further acknowledges that Your Holistic Earth Inc. is not responsible for any expense or liability incurred as a result of such Practitioner’s recordings or participation in any recordings, including any loss of such recording data.

  1. Links to Third-Party Websites

The Your Holistic Earth Site may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by the Company or association with those websites, their content or their operators. Such links (including without limitation, external websites that are framed by the Your Holistic Earth Site as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. The Company does not control any such websites, and is not responsible for their: 

  • availability or accuracy, or 
  • content, advertising, products, or services. 

 

It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Your Holistic Earth Inc. is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Your Holistic Earth Inc. has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Your Holistic Earth Site at its sole discretion.

 The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You choose to access such third-party websites at your own risk. Your Holistic Earth Inc. expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Your Holistic Earth Site. You hereby agree to hold Your Holistic Earth Inc. harmless from any liability that may result from the use of links that may appear on the Your Holistic Earth Site.

As part of the functionality of the Your Holistic Earth Site, you may link your account with online accounts you may have with third party service providers (such as Facebook, Twitter, Gmail, Outlook, Instagram, etc.) (and each such account, constituting a “Third-Party Account”) by either: 

  • providing your Third-Party Account login information through the Your Holistic Earth Site; or 
  • allowing Your Holistic Earth Inc. to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. 

 

You represent that you are entitled to disclose your Third-Party Account login information to Your Holistic Earth Inc. and/or grant Your Holistic Earth Inc. access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Your Holistic Earth Inc. to pay any fees or making Your Holistic Earth Inc. subject to any usage limitations imposed by such third-party service providers. By granting Your Holistic Earth Inc. access to any Third-Party Accounts, you understand that:

 

  • Your Holistic Earth Inc. may access, make available and store (if and as applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Your Holistic Earth Site via your account, including without limitation any friend lists; and 
  • Your Holistic Earth Inc. may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. 

 

Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Your Holistic Earth Site. Please note that if a Third-Party Account and/or associated service becomes unavailable and/or Your Holistic Earth Inc. access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Your Holistic Earth Site. You will have the ability to disable the connection between your account on the Your Holistic Earth Site and your Third-Party Accounts at any time, as set forth below. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. The Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and the Company is not responsible for any SNS Content.

  1. Worker Classification and Withholdings

AS SET FORTH IN SECTION 1 HEREIN, YOUR HOLISTIC EARTH INC. DOES NOT PERFORM HOLISTIC HEALTH SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM HOLISTIC HEALTH SERVICES. EACH USER ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH USER’S WORKERS BASED ON APPLICABLE LEGAL GUIDELINES. IF YOU ARE A USER, YOU INDEMNIFY AND HOLD YOUR HOLISTIC EARTH INC. AND AFFILIATES HARMLESS, AND IF YOU ARE A USER, YOU FULLY AND FINALLY RELEASE YOUR HOLISTIC EARTH INC. AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT PRACTITIONERS OR CLIENTS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF TASKS OR SERVICE AGREEMENTS OR THE USE OF THE YOUR HOLISTIC EARTH SITE, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF PRACTITIONERS AND CLIENT AND THE TERMINATION OR CESSATION OF ANY TASKS, SERVICE AGREEMENTS, THIS AGREEMENT OR THE USE OF THE YOUR HOLISTIC EARTH SITE.

Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of the Company. Each User acknowledges and agrees that Your Holistic Earth Inc. does not, in any way, supervise, scope, direct, control or monitor a Practitioner’s work and/or tasks performed in any manner. The Company does not set a Practitioner’s work hours or location of work. Your Holistic Earth Inc. will not provide any equipment, tools, labor or materials needed for a particular Health Service. Your Holistic Earth Inc. does not provide any supervision to Users. 

The Your Holistic Earth Site is not an employment agency service or business and Your Holistic Earth Site is not an employer of any User. As such, Your Holistic Earth Inc. is not responsible for and will not be liable for workers’ compensation or any tax payments or withholdings, including but not limited to applicable sales taxes, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the Your Holistic Earth Site. Practitioners acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Holistic Health Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

  1. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Your Holistic Earth Site is owned by Your Holistic Earth Inc., excluding User Generated Content, which Users hereby grant Your Holistic Earth Inc. a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Your Holistic Earth Inc. owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Privacy Act of Canada, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Your Holistic Earth Site Directory without Your Holistic Earth Site Inc.’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Your Holistic Earth Inc. and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Your Holistic Earth Inc., including without limitation Your Holistic Earth Inc. and Your Holistic Earth Site Inc. logos, are service marks owned by Your Holistic Earth Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Your Holistic Earth Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

  1. Confidential Information

 You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Your Holistic Earth Inc. and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Your Holistic Earth Site in accordance with these Terms of Service. If relevant and authorized herein, you may disclose the Confidential Information to your employees and agents provided that they are also bound to maintain the confidentiality of the Confidential Information. You shall promptly notify Your Holistic Earth Inc. in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Your Holistic Earth Inc. upon termination of this Agreement for any reason whatsoever.

 

The term “Confidential Information” shall mean any and all of Your Holistic Earth Inc. trade secrets, confidential and Proprietary Information, and all other information and data of Your Holistic Earth Inc. that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Your Holistic Earth Inc. or Your Holistic Earth Inc.’s business, operations or properties, including information about Your Holistic Earth Inc.’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

  1. Disclaimer of Warranties

 (a) Use Of The Your Holistic Earth Site Is Entirely At Your Own Risk

THE YOUR HOLISTIC EARTH SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHATSOEVER AND HOWSOEVER ARISING, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. YOUR HOLISTIC EARTH INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE YOUR HOLISTIC EARTH SITE OR THE CONTENT OF ANY SITES LINKED TO THE YOUR HOLISTIC EARTH SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY: 

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE YOUR HOLISTIC EARTH SITE;
  • ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND 
  • EVENTS BEYOND OUR REASONABLE CONTROL.

 

Your Holistic Earth Inc. does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Your Holistic Earth Site or any hyperlinked website or featured in any banner or other advertising, and Your Holistic Earth Inc. will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Your Holistic Earth Inc. and Affiliates do not warrant that access to the Your Holistic Earth Site will be uninterrupted or that the Your Holistic Earth Site will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Your Holistic Earth Site, or as to the timeliness, accuracy, reliability, completeness or content of any Service, service, information or materials provided through or in connection with the use of the Your Holistic Earth Site. Your Holistic Earth Inc. and Affiliates are not responsible for the conduct, whether online or offline, of any User. Your Holistic Earth Inc. and Affiliates do not warrant that the Your Holistic Earth Site is free from computer viruses, system failures, worms, Trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Your Holistic Earth Inc. and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed and/or used by others.

In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

(b) No Liability

You acknowledge and agree that Your Holistic Earth Inc. is only willing to provide the Your Holistic Earth Site if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Your Holistic Earth Inc. and Affiliates liable for any losses, liability, claims, demands, causes of action, damages, expenses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Your Holistic Earth Site, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), or any dispute with any User, any instruction, advice, act, and/or service provided by Your Holistic Earth Inc. and Affiliates and/or any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL YOUR HOLISTIC EARTH SITE INC. AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY YOUR HOLISTIC EARTH INC., OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE YOUR HOLISTIC EARTH SITE OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

YOUR HOLISTIC EARTH INC. AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS YOUR HOLISTIC EARTH SITE. YOUR HOLISTIC EARTH INC. AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE Your HOLISTIC EARTH SITE.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT YOUR HOLISTIC EARTH INC. AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS.

(c) Release

THE YOUR HOLISTIC EARTH SITE IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE YOUR HOLISTIC EARTH INC. IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE YOUR HOLISTIC EARTH INC. AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL LOSSES, LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, HOWSOEVER ARISING, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

  1. Indemnification

You hereby agree to indemnify, defend, and hold harmless Your Holistic Earth Inc. and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with: 

  • your use or inability to use the Your Holistic Earth Site and/or perform Tasks; 

your breach or violation of this Agreement; 

  • your violation of any law, in any applicable jurisdiction, or the rights of any User or third party; and 
  • any content submitted by you or using your account to the Your Holistic Earth Site, including, but not limited to, the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. 

 

You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, and/or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Your Holistic Earth Inc. reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Your Holistic Earth Inc.

  1. Dispute Resolution – Arbitration & Class Action Waiver (Canadian Users)

USERS RESIDING IN CANADA: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND YOUR HOLISTIC EARTH INC. CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND YOUR HOLISTIC EARTH INC. TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR HOLISTIC EARTH INC. ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”).

SECTION 15 DOES NOT APPLY TO USERS RESIDING IN THE UNITED STATES, AND USERS RESIDING IN THE UNITED STATES AND YOUR HOLISTIC EARTH INC. AGREE THAT SECTION 16 SHALL APPLY INSTEAD. (what about users outside the us and Canada)

 The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside.

Except as and where prohibited by law, you agree that any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction and/or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within fourteen (14) days, unless otherwise agreed to by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Practitioners nor Clients shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.

The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.

All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and/or conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought. However, it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.

A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence nor information prepared for and/or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.

  1. Governing Law

Except as provided in Section 15 or expressly provided otherwise, this Agreement and your use of the Your Holistic Earth Site will be governed by, and will be construed under, the laws of the Province of Alberta, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Alberta law to interpret this Agreement and is not intended to create any substantive right to non-residents of Alberta to assert claims under Alberta law whether by statute, common law, or otherwise.

  1. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

  1. General Provisions

Failure by the Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and the Company with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the Arbitration and Class Action Waiver in Section 15, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable:

  • such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable; or
  • if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. 

 

This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent or approval, including but not limited to assignments: 

  • to a parent or subsidiary;
  • to an acquirer of assets; or 
  • to any other successor or acquirer. 

Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of the Company, its successors and assigns.

  1. Licensing

 

Practitioners alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering Services and undertaking Services. Indeed, certain types of Services may be prohibited altogether, and it is the responsibility of Practitioners to avoid such prohibited Services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Services on the platform, you can and should first seek separate legal guidance.

Because Your Holistic Earth Inc. does not oversee, monitor or supervise the posting, scoping and/or performance of Holistic Health Services, Clients must determine for themselves whether a Practitioner is qualified to perform the specific Service at hand. Clients may wish to consult their provincial/territorial or local requirements to determine whether certain Services are required to be performed by a licensed professional.

  1. Changes to this Agreement and the Your Holistic Earth Site

The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, and/or delete any of the terms and conditions of this Agreement (including the Terms of Service, and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Your Holistic Earth Site and/or any content and/or information through the Your Holistic Earth Site at any time, effective with or without prior notice and without any liability to the Company. The Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Your Holistic Earth Site. Your continued use of the Your Holistic Earth Site following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. The Company may also impose limits on certain features or restrict your access to part or all of the Your Holistic Earth Site without notice or liability.

  1. No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

  1. Notices and Consent to Receive Notices Electronically

 You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the Your Holistic Earth Site, please contact us by email at [email protected]

 I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE YOUR HOLISTIC EARTH SITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.