Last updated December 2023
members.palmerkippola.com, its related webpages, and/or any applications (apps) or software programs owned or operated by the Company (collectively, the “Site”) are provided by Healing is Freedom, LLC, a California limited liability company (the “Company”). The Site has been made available to you subject to your compliance with the terms and conditions set forth herein (the “Terms of Use”). Please read this document carefully before accessing or using the Site. By accessing or using this Site, you agree that you have read, understand, and consent to the following Terms of Use and our Privacy Policy in their entirety, including any updates that may be posted on the Site from time to time. If you do not wish to be bound by the Terms of Use, do not access or use the Site.
(a) Copyrights
It is hereby understood and agreed that, except as expressly provided in these Terms of Use, all content included in or made available through the Site (including but not limited to: text, graphics, logos, button icons, flash movies, images, audio clips, digital downloads, data compilations, and software) is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of the Company and protected by U.S. and international copyright law. Except as expressly provided herein below, you do not acquire any rights, title, or interest in any Site copyrights or related rights.
(b) Trademarks
It is hereby understood and agreed that, except as expressly provided in these Terms of Use, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of the Company. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site without the Company’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited in the U.S. and other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site. All other trademarks not owned by the Site that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
(c) Intellectual Property Licenses
Subject to your payment of any applicable fees, the Company grants you a limited, revocable, non-exclusive, non-transferable license to personal use of the Site, solely in object code format as to any software and on the express condition that you accept and comply with each provision of these Terms of Use. We do not transfer title to the Site to you. This license does not include any resale or commercial use of the Site. You agree that: (i) you will not copy (other than to print for personal, non-commercial use), distribute, or make derivative works of the Site in any medium without our prior written consent; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iii) you will not reverse engineer, decompile, disassemble, or try to access any of the Site’s software source code; and (iv) you will otherwise act in accordance with the Terms of Use and in accordance with all applicable local, state, and federal laws. When the Site requires or includes downloadable software, such software may be offered under a separate license, and there may be provisions in that license that expressly override some of these terms.
Subject to your payment of any applicable fees and adherence to each provision of these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to print and/or download portions of the Site solely for your own personal, non-commercial use, provided that you agree not to change or delete any proprietary notices or intellectual property notices (such as copyright ©, trademark ™ or ®) from said portions.
We reserve all rights not expressly granted to you under these Terms of Use. We may modify or discontinue any feature or functionality of the Site, or suspend or terminate the Site altogether, at any time and for any reason.
(a) License to Company
We welcome your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, your posting files or other content to the Site, by electronic mail, or otherwise (to “post” means to post, submit, or transmit to, through, or in connection with the Site) including, but not limited to, any data, e-mail, flash movies, images, logos, audio loops, other software, questions or answers, comments, suggestions, or similar works of authorship (separately and collectively: “Submissions”) will be treated as non-confidential and non-proprietary by the Company. By posting any Submissions to the Site, you automatically grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license, to be exercised by us at our sole and absolute discretion throughout the universe on or through any media and using any technologies, whether now known or later devised, to use, reproduce, modify, publish, edit, translate, distribute, retransmit, broadcast, publicly perform, and publicly display any such Submissions, and to create derivative works thereof. Any Submissions you post to the Site may be used by the Company and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing, and marketing products using such information. Additionally, you hereby grant the Company the right to utilize your name in connection with all advertising, marketing, and promotional materials related to your Submissions.
(b) Assumption of Risk
You alone are responsible for Submissions you post. You assume all risks associated with said Submissions, including (i) anyone’s reliance on its quality, accuracy, reliability, or intellectual property status, and (ii) any disclosure in said Submissions of information that makes you personally identifiable. The Company makes no representation or warranty as to the quality, accuracy, reliability, or intellectual property status of any Submissions. Under no circumstances will we be responsible for any loss or damage arising from Submissions. Posting any Submissions in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited.
(c) Restrictions on Submissions
You agree not to post any Submissions to the Site that: (1) violate any applicable law or regulation; (2) are defamatory or trade libelous; (3) are incorrect, not truthful, threatening, harassing, stalking, vulgar, obscene, pornographic, profane, racially, ethnically or sexually discriminatory in any way, or that otherwise violates any right of another; (4) encourage any conduct prohibited by these Terms of Use; (5) restrict or inhibit any other user from using the Site; (6) impersonate any person or entity, or directly or indirectly attempt to gain unauthorized access to any portion of the Site or any computer, software, or data of any person, organization or entity that uses or accesses the Site; (7) provide or create links to external sites that violate the Terms of Use; (8) are intended to harm, exploit, solicit, or collect personally identifiable information of any individual under the age of 18 in any way; (9) invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Site or any of its users; (10) are 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 the rightful owner to Post the material and to grant us all of the license rights granted herein; (11) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work; (12) knowingly or negligently post any Submissions that contains viruses or other computer programming defects; (13) directly or indirectly use the Site for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process (“spam” or “spamming” means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including any advertisements); (14) promote a business or other commercial venture or event, sell or commercially use any Submissions, or otherwise use the Site for commercial purposes, except as expressly permitted by us; or (15) collect, aggregate, copy, harvest, duplicate, display, or make derivative use of the Site, or use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing. Notwithstanding the foregoing, we grant the operators of web search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke these exceptions in specific cases.
(d) DMCA Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating and barring, in appropriate circumstances and at the Company’s sole discretion, Site users who are deemed to be repeat infringers of others’ copyright(s). The Company may also, at its sole and absolute discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. The Company reserves the right to terminate your access to, and use of, the Site if the Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of the Company or any third party, or for any other reason, with or without notice to you.
Our designated Copyright Agent to receive Notice of claimed infringement is:
Healing is Freedom, LLC
Attn: Jeff Miller, Esq.
2501 Park Blvd., 2nd Fl.
Palo Alto, CA 94306
email: jeff@jeffmillerlaw.com
telephone: 650-321-0410
fax: 888-329-1287
Please note: This procedure is exclusively for notifying us that your copyrighted material has been infringed. Any other feedback, comments, requests for technical support, and other communications should be directed to the Site’s user services at support@palmerkippola.com.
Disclaimer of Warranties
The Site, all products and/or services offered for sale on the Site, and all related information are provided by the Company on an “AS IS” and “AS AVAILABLE” basis and with all faults. The Company makes no express, implied, or statutory warranties, representations, or endorsements of any kind as to the products and/or services offered on the Site, the operation of the Site, or the information, content, or materials included on the Site. You expressly agree that your use of the Site is at your sole risk. To the fullest extent permissible by applicable law, the Company disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, authenticity, or any warranty that operation of the Site will be uninterrupted, always available, or error-free, or will meet your requirements or that any defects in the Site will be corrected.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Any rights not expressly granted herein are reserved by the Company.