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Holistic Local Membership Agreement

The Holistic Local Membership Agreement is a legal agreement between you and Holistic Local and governs your use of any of Holistic Local’s members-only services on this website. Subscription to Holistic Local’s member services is offered to you conditional upon your acceptance—without modification—of the terms, conditions, and notices contained in this Membership Agreement. If you do not agree to this Membership Agreement, then please do not subscribe to or use any of Holistic Local’s member services.

Holistic Local includes various web sites, web pages, software, and services operated by Holistic Local Limited, 2nd Floor, 145-157 St. John Street, London, EC1V 4PY, England, United Kingdom or its affiliates. As used in this Membership Agreement, "you" or "your" means you, or anyone who has access to use your Holistic Local account, as defined below. You must be at least sixteen (16) years of age to subscribe to Holistic Local member services.

Privacy Policy:

Holistic Local adheres to the Privacy Policy for the collection and use of your personal information. You can review the current Holistic Local Privacy Policy by clicking the link at the bottom of this web page. You should periodically review the Holistic Local Privacy Policy as it is updated on a regular basis.

Account Security:

Your subscription to Holistic Local member services requires you to create an account, which involves providing us with current and accurate sign-up information, as well as choosing a user name and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Holistic Local is not responsible for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or consent.

Modification:

In the event that Holistic Local desires to make any changes or additions to the terms, conditions, and notices involving Holistic Local, including any terms related to pricing, discontinuation of plans and payments, then Holistic Local will notify you of such changes or additions at least 30 days in advance of the effective date of any such changes or additions. The form of such notification may be, but is not required to be, either via e-mail or online via one or more of the web sites within Holistic Local. In the event that you do not agree to such changes or additions, then you must cancel your membership and discontinue your usage of Holistic Local member services prior to the effective date of such changes or additions. Your continued use of Holistic Local member services after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.

Service Limitation:

Unless otherwise specified, Holistic Local member services are for your personal use only. Any unauthorised commercial use of Holistic Local member services, or the resale of any Holistic Local member services, is expressly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Holistic Local member services unless specifically stated.

Third Party Links:

The links included within Holistic Local member services may direct you to third-party web sites. These sites are not under the control of Holistic Local and Holistic Local is not responsible for the content of any of these sites. Holistic Local is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Holistic Local of the site or any association with its operators unless directly stated. Any dealings with third parties (including advertisers) included within Holistic Local member services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Holistic Local shall not be responsible or liable for any part of any such dealings or promotions.

Prohibited Use:

As a condition of your use of Holistic Local member services, you shall not use Holistic Local member services for any purpose that is unlawful or prohibited by this Membership Agreement. You may not use Holistic Local member services in any manner that could damage, disable, overburden, or impair any web site or service within Holistic Local member services (or the networks connected to any web site or service within Holistic Local member services) or interfere with any other party's use and enjoyment of Holistic Local member services. You may not attempt to gain unauthorised access to Holistic Local member services, other accounts, computer systems or networks connected to any web site or service within Holistic Local member services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Holistic Local member services. You agree to abide by all applicable local, state, national and international laws and regulations.

When using Holistic Local member services you are subject to all the rules specified by the services and web sites you visit. This includes web sites and services within Holistic Local member services as well as services and web sites operated by third parties. If another party reports that you have violated their rules, you agree that Holistic Local may take appropriate action just as if you had violated this Membership Agreement.

Acceptable Use Policy:

Holistic Local member services may contain bulletin board services, chat areas, newsgroups, forums, communities, personal web pages, calendars, photo albums, and/or other message or communication facilities designed to enable you to communicate with others. You shall only use Holistic Local member services to post, send, and receive messages and material that are proper and, when applicable, related to Holistic Local member services. By way of example, and not as a limitation, you agree that when using Holistic Local member services you will not:

(a) Use Holistic Local member services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
(d) Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
(e) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
(f) Use any material or information, including images or photographs, which is made available through Holistic Local member services in any manner that infringes any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary right of any party.
(g) Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
(h) Advertise or offer to sell or buy any goods or services for any business purpose, unless Holistic Local member services specifically allow such messages.
(i) Download any file posted by another user of Holistic Local member services that you know, or reasonably should know, cannot be legally distributed in such manner.
(j) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(k) Restrict or inhibit any other user from using and enjoying Holistic Local member services.
(l) Violate any code of conduct or other guidelines which may be applicable for any particular Holistic Local member service.
(m) Harvest or otherwise collect information about others, including e-mail addresses.
(n) Violate any applicable laws or regulations.
(o) Create a false identity for the purpose of misleading others.
(p) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a web site or service within Holistic Local member services.
(q) Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.
(r) Use your e-mail accounts in the text of unsolicited e-mail messages or web sites as an address to which subscribers, members or other Internet users can respond.
(s) View, intercept, or attempt to intercept e-mail or other private communications not intended for you.

Holistic Local has no obligation to monitor Holistic Local member services. However, Holistic Local reserves the right to review materials posted to any Holistic Local member service and to remove any materials at its sole discretion. Holistic Local reserves the right to terminate your access to Holistic Local member services at any time, without notice, for any reason whatsoever. Holistic Local reserves the right at all times to edit, refuse to post, or to remove any information or materials, in whole or in part, at Holistic Local’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children via Holistic Local member services. Holistic Local does not control or endorse the content, messages or information found in Holistic Local member services that are posted by users or other third parties and, therefore, Holistic Local specifically disclaims any liability with regard to such content, messages or information and any actions resulting from your participation in any Holistic Local member service which permits posting of content, messages or information.

Materials uploaded to Holistic Local member services may be subject to posted limitations on reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Payment:

Holistic Local collects payment for certain services and items offered under this Membership Agreement, including some levels of Holistic Local membership subscription. You agree to pay Holistic Local for any products ordered by you using your preferred payment method, and you authorise Holistic Local to charge your chosen payment method for those products. An e-mail receipt to the value of the payment will be sent to you once the transaction has been completed.

At sign up for a paid membership account, you will pay in advance for a one year period. Renewals for further years service are paid in advance, one year at a time, via the renewals page. Annual renewals shall fall due 365 days after your initial sign up and payment. You will be contacted by email prior to the due renewal date. It is your responsibility to ensure your contact details are kept up to date with us. If your renewal payment is not received within 7 days of the due date, your account status will be downgraded until payment is received.

Refund Policy:

Holistic Local offers a thirty (30) day money back guarantee for all of its paid subscriptions. During the first thirty days of your paid subscription to Holistic Local member services, you may request for your subscription fee to be refunded to you in exchange for the termination of your paid membership status, and the discontinuation of any benefits provided by such.

Content:

All information, materials, graphics, and products that are made available to view and/or download in connection with Holistic Local, excluding content that may be made available by end-users through Holistic Local, is owned by and is the copyrighted work of Holistic Local and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the content is expressly prohibited by law, and may result in civil and criminal penalties.

All content is provided “as is” and “as available,” without warranty of any kind, either express or implied. Holistic Local and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Holistic Local and its respective suppliers do not warrant that the content or equipment is accurate, reliable, secure, or error-free.

Holistic Local shall not be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Holistic Local, with the delay or inability to use Holistic Local, the provision of or failure to provide services, or for any content, or otherwise arising out of the use of Holistic Local, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Holistic Local has been advised of the possibility of damages.

Nothing contained in Holistic Local is intended to constitute personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of Holistic Local for making decisions. Information provided within Holistic Local is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.

Termination of Membership:

Holistic Local reserves the right, at its sole discretion, to terminate or suspend your subscription to Holistic Local member services at any time, with or without cause, with or without notice. For example, Holistic Local may, at its discretion, terminate, cancel, or suspend an accepted order if Holistic Local is notified that your payment method has expired or has been cancelled, or if Holistic Local has reason to believe that any billing information provided to Holistic Local is untrue, inaccurate, not current, or incomplete.

You may terminate your Holistic Local membership at any time, with or without cause, upon notice to Holistic Local by e-mail to [email protected].

In order to maintain the integrity of the Holistic Local business directory it is important that all Holistic Local members should update or remove their listings if they are no longer valid for any reason, i.e. change of address, e-mail, phone number, etc. Holistic Local reserves the right to terminate member accounts that are deemed to provide inaccurate or out-of-date contact information.

Spam Policy:

Holistic Local may immediately terminate any account which it determines, at its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk e-mail.

General:

You represent and warrant that: (1) you are at least 16 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your payment method); and (3) you are an individual authorised to use the payment method. You agree to comply with your responsibilities and obligations as stated in this Membership Agreement. Holistic Local may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain your Holistic Local member services account.

Claims for enforcement, breach or violation of duties or rights under this Membership Agreement shall be adjudicated under the laws of the United Kingdom. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in United Kingdom in all disputes arising out of or relating to the use of Holistic Local. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Holistic Local as a result of this Membership Agreement or use of Holistic Local member services. You agree not to represent yourself to be a representative, agent, or employee of Holistic Local and that Holistic Local will not be liable by reason of any representation, act or omission to act by you.

Holistic Local reserves the right to disclose any personal information about you or your use of Holistic Local member services, including its contents, without your prior permission if Holistic Local has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process or any governmental request; (2) protect and defend the rights or property of Holistic Local or its affiliated companies; (3) enforce this Membership Agreement; or (4) act to protect the interests of its members or others. Holistic Local’s performance of this Membership Agreement is subject to existing laws and legal process, and nothing contained in this Membership Agreement is in derogation of Holistic Local’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Holistic Local member services or information provided to or gathered by Holistic Local with respect to such use.

If any part of this Membership Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Membership Agreement shall continue in effect. Holistic Local may assign this Membership Agreement, in whole or in part, at any time with or without notice to you. Unless otherwise specified herein, this Membership Agreement constitutes the entire agreement between you and Holistic Local and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Holistic Local.

A printed version of this Membership Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Membership Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Holistic Local agree that any cause of action arising out of or related to Holistic Local member services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Notices:

Notices given by you to Holistic Local must be given by e-mail to Holistic Local and addressed to [email protected], or by postal mail. Notices to Holistic Local by postal mail must be sent to Holistic Local Ltd, 2nd Floor, 145-157 St. John Street, London, EC1V 4PY, England, United Kingdom.

All information that Holistic Local is required by law to send to you regarding your Holistic Local member subscription, and any other subscriptions, services, and items provided to you under this Membership Agreement, including any payment information, and any other information provided to you from Holistic Local, will be provided to you in electronic form only. Holistic Local will provide all required information to you in electronic form either (1) via e-mail at the e-mail address you specified when you signed up for your Holistic Local member subscription, (2) by access to a Holistic Local website that will be designated in an e-mail notice sent to you at the time the information is available, or (3) to the extent permissible by law, by access to a Holistic Local website that will be generally designated in advance for such purpose.

You agree that by accepting this Membership Agreement, you consent to receive required information, and any other information provided to you from Holistic Local, solely by electronic communication. You confirm that you provided to Holistic Local a current e-mail address for receiving required information when you signed up for your Holistic Local member subscription.

Indemnification:

You agree to indemnify and hold Holistic Local, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on Holistic Local websites. Holistic Local will notify you of any claim for which Holistic Local seeks indemnification and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Holistic Local's interests, as reasonably determined by Holistic Local.

Copyright:

All contents of Holistic Local are copyright (c) of Holistic Local Ltd and/or its suppliers, 2nd Floor, 145-157 St. John Street, London, EC1V 4PY, England, United Kingdom. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Notifications of claimed copyright infringement should be sent to [email protected].

Advantage Members’ Website Policy:

You will not use the website service for any illegal purpose, or any purpose which may be harmful to Holistic Local or the operation of our services. Additionally, you will not use the service in any way that breaches the copyright of others. We reserve the right to decide on infringement of copyright, in the absence of or while waiting for a court ruling, but in the presence of other convincing evidence.

You assert that you are the author and editor of your website content. You are solely responsible for the content of your pages, and for ensuring that the content does not violate any applicable laws. You agree to indemnify us against any costs or expenses (including but not limited to our time and our legal expenses) we may have to bear as a result of your misuse of the service.

Your use of the service is solely at your own risk. The service is provided on an “as is”, and “as available” basis. We make no warranty for the service, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Our maximum liability to you shall be the amount that you have previously paid us that year to provide the service. We are not liable for any indirect or consequential loss (including but not limited to loss of earnings). You agree to indemnify us for events beyond our reasonable control.

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