Terms of Use
Terms of Use & Conditions
By proceding to use this website you confirm that you have read and understood our Terms & Conditions listed below.
Terms and Conditions
Inclusion in this website and directory DOESN'T constitute an endorsement of any products, services, events or articles listed, or any advertising presented. Any and all products and information contained on this website is provided for general information and purposes only, and is not intended as a substitute for personal treatment, or the advice provided by your own physician or other medical professional.
HolisticNewYork.com and its contributors make no warranty, expressed or implied, as to the therapeutic benefits of any services or product(s) included on this website. If you have any questions about a particular product, service or article included on this website, please contact the appropriate practitioner or merchant. All Classes, Workshops, Events, Products & Services listed on this website are provided by independent practitioners, teachers and businesses and are to be used at your PERSONAL DISCRETION.
HolisticNewYork.com and its creators make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained on the website or its programs. Please seek advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice or content.
Businesses and Service Providers
Business owners and Service Providrs pay subscription fees for the privilege of including promotional profiles on this Website and to have the ability to communicate with clients and potential clients through the Website’s email platform. As a user or potential user of services offered by Providers, you may use this Website and the Services without charge.
HolisticNewYork.com does not guarantee the truthfulness or accuracy of information about a given Business/Service Provider that appears in the promotional profiles or otherwise on this Website. We do not guarantee the integrity, quality or appropriateness of any of the listed Businesses and Service Providers.
You acknowledge that this Website is simply a passive conduit and an interactive computer service provider for the publication and distribution of promotional profiles posted by Business owners and Service Providers. You understand that HolisticNewYork.com does not control and is not responsible for the content of any information contained on the Website about the listed Businesses and Service Providers. You agree that you must evaluate and make your own judgment, and bear all risks associated with, your decision to work with any given Service Provider/Business listed on this Website.
You further acknowledge that holisticNewYork.com exercises no control over the quality of services provided by Listed Providers and businesses, and that HolisticNewYork.com has no obligation to screen, preview, monitor, or approve the quality of services provided by the listed Service Providers and Businesses.
We do not make any representations or warranties with regard to any materials posted by our users, directory members or bloggers. The information in our directories is provided exclusively by participating professionals. When you see the "Verified By" seal or "Verified By" sentence, it means we have made good faith, reasonable efforts to verify the following and have found no contrary information:
- The name and contact details provided by the Business/Service Provider.
- That the professional is a holder of a certificate, license, or both and has been in a holistic practice for a minimum of 2 years. We do not have any minimum requirements for Green Businesses inn terms of time in business.
- That the holistic professional who works with gifts of an intuitive nature, has been in practice for a minimum of 2 years and has provided us with a minimum of 3 clients contacts that we have personally tried to reach via phone on their behalf for references.
2. We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to HolisticNewYork.com we may authorize such content to be distributed or published on other HolisticNewYork-branded environments, such as our mobile app.
3. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us.
4. Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make "fair use" of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of "fair use".
(b) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
5. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of HolisticNewYork.com. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, HolisticNewYork.com is not undertaking any obligation or liability relating to the content. MHolisticNewYork.com and its affiliates, successors, assigns, employees, agents, directors, and officers do not undertake or assume any duty to monitor our site for inappropriate or unlawful content, even though we might from time to time do so. HolisticNewYork.com and its affiliates, successors, assigns, employees, agents, directors, aand officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, HolisticNewYork.com reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless holisticNewYork.com and its affiliates, and their respective members, directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. Your Use of Our Site is Subject to Certain Disclaimers: OUR SITE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
8. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
9. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10. Our Liability to You is Limited: HolisticNewyork.com and its affiliates, and their respective members, directors, officers, managers, employees, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.
11. Any Dispute Between Us Will be Governed by New York Law: These Terms and Conditions shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
- Posting Rules.
- Materials you post to the Site may not contain: (1) URLs or links to web sites that compete with the Site; (2) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner's permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything that is embarrassing or offensive to another person, group or entity.
- You may not use your Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of you own services, post advertisements or solicitations of business (including, but not limited to, franchises, "club memberships," distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (4) post chain letters or pyramid schemes; or (5) post opinions or notices, commercial or otherwise.
- Materials that encourage our users to "email for more details" are not permitted. Materials from any third party charging a fee are not permitted.
- We are under no obligation to monitor the materials posted on the Site by users, but we may monitor materials at random. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified by a user that any user materials on the Site violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.
- Conduct Rules:
- You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited.
- You may not send (or encourage or help others to send) unsolicited commercial email to our users.
- Report inappropriate postings or conduct to support@holisticnewyork.com
- You may not delete or revise any material posted by any other person or entity.
- Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited.
- We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.