Terms of Service
Last updated August 28, 2024
AGREEMENT TO OUR TERMS OF USE
We are In Harmony Holistic Therapy, LLC (“Company”, “we”, “us”, “our”), a company registered in Ohio. We operate the website www.inharmonywellbeing.com (the “Website”).
The terms and conditions that follow, in conjunction with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.inharmonywellbeing.com, including any functionality, content, and services offered on or through www.inharmonywellbeing.com.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and In Harmony Holistic Therapy, LLC, concerning your access to and use of the Website. You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive the right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Website.
THE WEBSITE
The information and resources provided when using the Website are not intended for distribution to use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
EDUCATIONAL AND INFORMATIONAL USE ONLY
As outlined in more detail in the Disclaimer, the content and resources provided on the Website are intended solely for educational and informational purposes. The information and resources available through this website are not meant to serve as, nor should they be interpreted as, professional advice in health, medical, mental health, psychological, psychiatric, legal, or any other specialized field.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights on the Website, including all source code, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”), as well as trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.
Your use of our Website
Subject to your compliance with these Terms of Use, we grant you a non-excuse, non-transferable, revocable license to access the Website, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial or internal business purpose.
Except as set out in this section or elsewhere in our Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Website, Content, or Marks other than as set out in this section or elsewhere in our Terms of Use, please address your request to: [email protected]. If we ever grant you permission to post, reproduce, or publicly display any part of the Website or Content, you must identify us as the owners or licensors of the Website, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Website, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms of Use and your right to use the Website will terminate immediately.
Your Submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Website to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Website.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Website (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation.
You are responsible for what you post or upload: By sending us Submissions through any part of the Website you:
o Confirm you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Website any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
o To the extent permissible by law, waive any and all moral rights to any such Submission;
o Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to you Submissions; and
o Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we must suffer because of your breach of (a) this section, (b) any third parties intellectual property rights, or (c) applicable law.
USER REPRESENTATIONS
By using the Website, your represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Website for any illegal or unauthorized purpose; and (5) your use of the Website will not violate any applicable law or regulation.
PROHIBITED ACTIVITIES
As a user of the Website, you agree not to:
o Systematically retrieve content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without permission from us.
o Trick, defraud, or mislead us.
o Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Website and/or Content contained therein.
o Disparage, tarnish, or harm, in our opinion, us and/or the Website.
o Make improper use of the Website or Content, or submit false reports of abuse or misconduct.
o Use the Website in a manner inconsistent with any applicable laws or regulations.
o Engage in unauthorized framing of or linking to the Website.
o Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website.
o Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
o Delete the copyright or other proprietary rights notice from any Content.
o Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism.
o Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
o Harass, annoy, threaten, or intimidate any of our employees or agents engaged in providing any portion of the Website services or resources to you.
o Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
o Copy or adapt the Website software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
o Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
o Make any unauthorized use of the Website.
o Use the Website as part of any effort to compete with us or otherwise use the Website and/or Content for any revenue-generating endeavor or commercial enterprise.
o Use the Website to advertise or offer to sell goods and services.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Website for violations of the Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and (3) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
WEBSITE PRIVACY
We care about data privacy and security. Please be advised that the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processes in the United States.
This privacy notice describes how and why we might collect, store, use, and/or share (“process”) your information when you use our Website at www.inharmonywellbeing.com.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we collect any information from third parties? We do not collect any information from third parties.
What information do we collect?
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us, our services, or our Website; or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make, and the features you use. The personal information we collect may include the following:
o names
o email addresses
o service preferences
o comments provided by you
o indication that you are seeking services for a person at least 18 years old
All personal information you provide to us must be true, complete, and accurate.
How do we process your information?
In Short: We process your information to provide, improve, and administer our Website, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our us and our Website, including:
o To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and to solve any potential issues you might have with the requested service.
How long do we keep your information?
In Short: We keep your information as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
When we have no ongoing legitimate business reason to process your personal information, we will delete such information.
How do we keep your information safe?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.
Will your information be shared with anyone else?
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration.
We do not sell or share personal information to third parties for business or commercial use belonging to website visitors, users, and other consumers.
We may disclose personal information when required by law or when we believe in good faith that such disclosure is necessary to comply with legal obligations, protect our legal rights, or respond to orders from a court or government agency.
Do we collect information from minors?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly collect, solicit data from, or market to children under 18 years of age. By using the Website, you represent that you are at least 18. If we learn that personal information from users less than 18 years of age has been collected, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at [email protected].
What are your privacy rights?
Withdrawing your consent: If we are relying on your consent to process your personal information you provided to us through the Website, which may be express or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
DO WE MAKE UPDATES TO THIS NOTICE?
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date at the top of this privacy notice.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
DISPUTE RESOLUTION
Binding Arbitration: If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. Except where otherwise required by the applicable AAA rules or applicable law, arbitration will take place in Warren County, Ohio.
Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceedings; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any persons.
CORRECTION
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Website at any time, without prior notice.
NO PROMISES OF SPECIFIC RESULTS
As further explained in the website Disclaimer, you acknowledge that In Harmony Holistic Therapy has not made any promises or guarantees regarding the outcomes of any actions you may take based on the information provided on the Website. While we aim to offer educational and informational tools to support your journey, your results will ultimately depend on your individual efforts, circumstances, and factors beyond our control or awareness.
You also understand that past outcomes are not an assurance of future success. Therefore, the results achieved by others—whether clients of In Harmony Holistic Therapy or not—using the methods shared on the Website are not a guarantee that you or anyone else will achieve the same or similar results.
TERMS DISCLAIMER
Please review our website Disclaimer, in addition to the following information. THE WEBSITE AND CONTENT ARE PROVIDED ON AN AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT WILL BE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE WEBSITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in the Terms of Use; (4) your violation of the rights of a third party, included but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
USER DATA
We will maintain certain data that you transmit to the Website for the purpose of the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATION
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communication, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
You are welcome to contact us regarding questions or comments about the Website and Terms of Use. We can be reached at:
In Harmony Holistic Therapy
P.O. Box #32
Lebanon, OH 45036
Phone: 513-500-9272
