The Healing is Power Center Website and Portal Terms of Use
Last updated: Jul 25, 2024
These terms and conditions of use (“Terms”) constitute a legal agreement between you and The Healing is Power Center LLC (“The Healing is Power Center”) and govern your use of the online services The Healing is Power Center makes available to you as a member and licensee of a coworking space managed by The Healing is Power Center or one of its subsidiaries or affiliated entities. Through the website and portal provided under these Terms (including related domains, sites, and mobile applications, as applicable, the “Site”), you may access your The Healing is Power Center account and make use of other services accessible through the Site (the “Services”). These Terms also govern all visitors of the Site who are not members or licensees of the Site.
By (i) clicking an “Accept” or similar button, (ii) checking a box captioned with acceptance language, (iii) signing up for an account on the Site, (iv) using the Services, or (vi) communicating or otherwise contacting The Healing is Power Center through the Site, you acknowledge that you have read and understand these Terms and that you agree to be bound by them. If you are using the Site on behalf of a company or other legal entity, the term “you” shall refer to such an entity in addition to the individual user, and the individual accepting these Terms on behalf of such entity represents that he or she has authority to bind the entity to these Terms.
YOU MAY NOT USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY.
1. License Agreements
The Services and password protected portions of the Site are available only to those licensees who have entered into a License Agreement with The Healing is Power Center, and the employees and authorized users of such licensees as provided in the respective License Agreement. If you are not subject to a current License Agreement, you may only visit the publicly accessible portions of the Site.
2. User Accounts
When you register your online account, The Healing is Power Center will provide you with user credentials (such as a username and password) to access the nonpublic portions of the Site. You agree not to give these credentials to anyone else or allow anyone else to use or access the private portal and other protected content. When registering for your account, you must provide true, accurate, current, and complete information about yourself, and you must continue to maintain and update the information you have provided so that it remains true, accurate, current, and complete so long as you continue to use the Site. Anonymous or false identities are not allowed on the Site.
3. Payments
The Healing is Power Center may provide you with the ability to pay fees or purchase optional Services through the Site. The Healing is Power Center accepts payments by credit/debit card and automated clearing house (ACH) payments, and the Site is compliant with the data security standards promulgated by the PCI Security Standards Council. By submitting your payment information (whether on a one time or recurring basis), you authorize The Healing is Power Center to charge your credit card or initiate ACH debits for all fees owed to The Healing is Power Center or its affiliates. All fees not paid when due will incur an interest charge of 1.5% per month or the highest rate permitted by law, whichever is less. You will be subject to additional fees and/or penalties for late payments, returned checks, or other declined payments due to insufficient funds, as referenced in the License Agreement. All fees listed are exclusive of taxes unless otherwise noted, and you agree to be responsible and hold The Healing is Power Center harmless for any taxes levied by applicable governmental authorities (including without limitation sales and use taxes and value added taxes, where applicable).
4. Member Directory
The Healing is Power Center maintains a member directory to enable members in shared office space to get to know each other. If you wish to completely remove your listing from the member directory or website (either on an individual basis or companywide), please contact us at admin@thehealingispowercenter.com .
5. Privacy Policy
Your privacy is important to us. How we collect and use your information is described in our privacy policy, which is available at www.thehealingispowercenter.com and is incorporated into these Terms.
6. Site and Services Contents
Ownership. Each of us shall maintain all rights, title, and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use the Site or the Service under these Terms do not convey any additional rights in the Site or the Service, or in any Intellectual Property Rights associated therewith.
Information You Provide. You own the information you provide to The Healing is Power Center or input on third party websites through the Services. You grant The Healing is Power Center a nonexclusive, revocable, worldwide, perpetual right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information. By providing information to us or to third parties through the Site or the Services, you represent and warrant that you are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
RoyaltyFree Right. The Healing is Power Center shall have a royalty free, fully paid up, worldwide, transferable, sublicensable, irrevocable, and perpetual license to incorporate into the Site or the Services or otherwise use any suggestions, enhancement requests, recommendations, or other feedback we receive from you. The Healing is Power Center, and The Healing is Power Center’s other product and service names, and logos used or displayed on the Site or through the Services are registered or unregistered trademarks of The Healing is Power Center (collectively, “Marks”), and you may only use such Marks to identify yourself as a customer and user of the Services; provided you do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent The Healing is Power Center, its services, or products.
Ownership of Site and Services. Except as expressly set forth herein, all rights, title, and interest in and to the Site and Services and their components, including all related intellectual property rights, will remain with and belong exclusively to The Healing is Power Center and its third party vendors.
Limited License. Upon registering for the Site or the Services and upon the condition that you comply with all of your obligations under these Terms, The Healing is Power Center grants you a nonexclusive, non transferable, revocable license to access and use the Services (for the particular subscription purchased) and the Site, strictly in accordance with this Agreement and subject to all the limitations set forth in this Agreement.
Confidentiality. In the course of using the Site or the Services, you may be exposed to information of a confidential or proprietary nature belonging to The Healing is Power Center, including but not limited to information regarding the Services and related technology, or information regarding The Healing is Power Center’s business, financial, or marketing activities. You agree that you will not disclose any such information to any third party without The Healing is Power Center’s express consent, and that you will not use such information except as expressly authorized by The Healing is Power Center.
User Submitted Content. The Site may include interactive and social networking features through which members can submit images, audio or visual content, reviews, posts, comments, messages, links, favorites, or the like. The Site may also include features that allow nonmembers to send email and other types of messages to The Healing is Power Center. You understand that such content may be made available to other members or the public, and that such content will not be deemed confidential. You acknowledge, understand, and agree that we are not responsible for content posted by any user, including content that violates these Terms, and you browse the Site at your own risk. The display of user submitted content on the Site does not constitute an endorsement of any such content or the user. You remain responsible and liable for any content you submit using the Site. You may not submit any content that is offensive, threatening, harmful, infringing on another’s proprietary rights, unlawful, or otherwise objectionable in The Healing is Power Center’s sole discretion. By submitting content, you represent and warrant that such content is truthful, accurate, and complete in all respects, that it does not violate these Terms, and that you own or otherwise have adequate rights to submit such content. The Healing is Power Center respects copyright laws and will remove the content of, or deny access to, any user that is found to be uploading infringing content.
ThirdParty Content. The Site may include access to content created, owned, or controlled by third parties (including you or other members). The Site may also link to third parties’ websites. While we may make these available to you, they are not under our control, and we are not responsible for their content, nor do we guarantee their accuracy or availability to you. You may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third party content or websites.
Your Content. For any content you post to any public area of the Site or communicate to us as feedback or suggestions regarding the Site or Services (excluding personal information submitted during account registration and confidential payment information), you grant us an unrestricted, nonexclusive, perpetual, royalty free, irrevocable, transferable, worldwide right and license to use, reproduce, modify, adapt, translate, display, publish, transmit, and distribute such content in any form, medium, or technology now known or later developed, without further compensation, consideration, attribution, or notice, including but not limited to on or in the Site or Services.
7. Use Restrictions
You may use the Site and Services only in accordance with these Terms and applicable law. You agree that you will not:
use the Site or the Services for any fraudulent or unlawful purpose;
use the Site or the Services to solicit the performance of any activity that is prohibited by law or to solicit users to participate in activities that violate these Terms;
use the Site or the Services to send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
use the Site or the Services in a way that could damage, disable, overburden, or impair the Site or the Services, or interfere with any other party’s use and enjoyment of the Site or the Services;
attempt to gain unauthorized access to any portion of the Site or the Services, or any other systems or networks connected to the Site or the Services, by hacking, password mining, or any other means;
use any robot, spider, or other automatic device, process, or means to access the Site or the Services for any purpose, including monitoring or copying any of the material on the Site or the Services;
use any manual process to monitor or copy any of the material on the Site or the Services, or for any other unauthorized purpose without our prior written consent;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
use the Site or the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or the Services, or that could damage, disable, overburden, or impair the functioning of the Site or the Services.
8. Termination
The Healing is Power Center may terminate or suspend your access to all or any part of the Site or the Services, with or without notice, for any reason, including, without limitation, breach of these Terms, or if The Healing is Power Center believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to access the Site and use the Services will immediately cease. You agree that any termination of your access to or use of the Site or the Services may be effected without prior notice, and that The Healing is Power Center may immediately deactivate or delete your account and all related information and files, and/or bar any further access to such information or files. Further, you agree that The Healing is Power Center shall not be liable to you or any third party for any termination of your access to the Site or the Services.
9. Disclaimers
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE HEALING IS POWER CENTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE OR THE SERVICES, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE HEALING IS POWER CENTER DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE HEALING IS POWER CENTER MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HEALING IS POWER CENTER, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE HEALING IS POWER CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
11. Indemnification
You agree to indemnify, defend, and hold harmless The Healing is Power Center, its affiliates, and their respective directors, officers, employees, agents, and licensors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) your use of the Site or the Services, (b) your violation of these Terms, or (c) your violation of any rights of any third party.
12. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to these Terms, the Site, or the Services, shall be governed by and construed in accordance with the laws of the [State/Country], without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms, the Site, or the Services shall be resolved exclusively in the state or federal courts located in [City, State/Country], and you consent to the jurisdiction of such courts.
13. Changes to the Terms
The Healing is Power Center may revise these Terms from time to time by posting the revised Terms on the Site. Your continued use of the Site or the Services after such posting constitutes your acceptance of the revised Terms.
14. General
These Terms constitute the entire agreement between you and The Healing is Power Center with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether written or oral, relating to such subject matter. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and The Healing is Power Center’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
By using the Site or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Site and the Services.
Contact Information
If you have any questions about these Terms, please contact us at admin@thehealingispowercenter.com.