Expanding Qi Terms of Use
In simple terms:
We offer the information on this site to expand your knowledge and
understanding of health, nutrition and wellness.
The intent is not to diagnose, treat, cure, prevent any disease or condition.
Always work with a qualified medical professional before making changes to
your diet, prescription medication, lifestyle or exercise activities.
In legalese terms:
The ExpandingQi.com Web Site (the “Site”) is an online information service provided by Expanding Qi, LLC. Your use of the ExpandingQi.com web site is subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Expanding Qi, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions. The entire contents
of the Site are protected by international copyright and trademark laws.
The owners of the copyrights and trademarks are ExpandingQi.com, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of
the Site solely for your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices from the materials.
You agree to grant to ExpandingQi.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and newsgroups)
or by email to ExpandingQi.com by all means and in any media now known or
hereafter developed. You also grant to ExpandingQi.com the right to use your
name in connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
ExpandingQi.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
ExpandingQi.com.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of ExpandingQi.com.
Other product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by ExpandingQi.com, ExpandingQi.com
does not operate, control or endorse any information, products or services
on the Internet in any way.
Except for ExpandingQi.com-identified information, products or services,
all information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated with
ExpandingQi.com. You also understand that ExpandingQi.com cannot
and does not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
How is Personally Identifiable Information stored? Personally Identifiable Information collected by ExpandingQi.com is securely stored and is not accessible to third parties or employees of ExpandingQi.com except for use as indicated above.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Expanding Qi, LLC PROVIDES THE SITE AND RELATED INFORMATION
“AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Expanding Qi, LLC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY.
ExpandingQi.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
ExpandingQi.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ExpandingQi.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ExpandingQi.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, ExpandingQi.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
ExpandingQi.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Expanding Qi web site, please understand that it is independent from ExpandingQi.com, and that ExpandingQi.com has no control over the content on that web site. In addition, a link to a ExpandingQi.com web site does not mean that ExpandingQi.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless ExpandingQi.com, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of ExpandingQi.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own behalf.
5. Termination.
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of United States of America applicable to agreements made and to be
performed in United States of America. You agree that any legal action or
proceeding between ExpandingQi.com and you for any purpose concerning this
Agreement or the parties’ obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in United States
of America . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. ExpandingQi.com’s
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. ExpandingQi.com may assign
its rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.