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Terms and Conditions of Use


Terms and Conditions of Use
 
1. TERMS AND CONDITIONS OF USE
Use of the Center for Health Design Inc.’s website constitutes agreement to these terms and conditions of use (“Terms of Use”). We encourage you to review the following information carefully.  If you find these Terms of Use to be unacceptable, you must immediately terminate your use of this website.
 
2. TRADEMARKS
The words CENTER FOR HEALTH DESIGN, our logos and other marks used on our site are marks owned exclusively by The Center for Health Design Inc. The use of these marks and the trade dress used on this website is prohibited if used in any manner a) with the sale of any product or service that is not The Center for Health Design Inc.'s, b) that tends to disparage or discredit The Center for Health Design Inc. or c) that may cause confusion in our customers or potential customers.
 
3. COPYRIGHT
All content on this website is the exclusive property of The Center for Health Design Inc.  Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright and trademark laws and we reserve all rights regarding them. In case of dispute or infringement, we will rigorously defend our rights to this material.
 
4. PROTECTING YOUR ACCOUNT
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
 
5. LICENSE AND SITE ACCESS
The Center for Health Design Inc. grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion of any material, without the express written consent of The Center for Health Design Inc.  This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of The Center for Health Design Inc. You are prohibited from using meta tags or any other hidden text utilizing The Center for Health Design Inc.'s name or marks without the express written consent of The Center for Health Design Inc.  Any unauthorized use of this website voids the limited license granted by The Center for Health Design Inc. to use this website.
 
6. CONTENT SUBMITTED BY SITE USERS


a. If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant The Center for Health Design Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
 
b. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that your submission does not infringe any third-party rights, constitute any defamation or violate any privacy rights or law; and that use of the content you supply does not violate this policy and will not cause injury to any person or entity.  The Center for Health Design Inc. reserves the right to remove any content at our sole discretion.
 
c. You acknowledge and agree that we have no liability for information posted by others.
 
d. If you violate any of these Terms of Use, we may, without prior notice and without liability to you, ban you from any and all services, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.
 
7. INDEMNIFICATION
You agree to indemnify and defend The Center for Health Design Inc. and its affiliates for all claims and liabilities, including attorneys’ fees and costs, resulting from content you post, any violations of these Terms of Use by you and your use of this website.  
           
8. DIGITAL MILLENNIUM COPYRIGHT ACT POLICY 
           
a. The agent to receive notifications of claimed infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) is as follows: 
           
            Name:                        Anna Gasparini                                           
            Address: 1850 Gateway Blvd, #1083, Concord, CA 94520           
            Telephone No.:         (925)521-9404                                   
            Fax:     (925)521-9405                                                           
            E-mail:           admin@healthdesign.org                         
 
b. Upon receiving a notice that substantially complies with the DMCA requirements and provides us with actual knowledge of infringement or facts or circumstances from which infringing activity is apparent, we will expeditiously remove or disable access to the material in accordance with the DMCA.  Note that the DMCA provides that any person who knowingly misrepresents that material or activity is infringing is liable for damages, including costs and attorneys' fees. 
 
c. We reserve the right to terminate access to our service by repeat infringers, and in appropriate circumstances will terminate access to our service by repeat infringers. 
 
d.   We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, remove allegedly infringing material and/or terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file with us a notification of such infringement and a request to have the material removed or otherwise blocked from access.
 
9. PURCHASES
           
a. The posted prices for any goods and services that we offer do not include taxes or shipping charges unless expressly stated otherwise. To the maximum extent permitted by law, such taxes and shipping charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the prices of goods and services from time to time. We will post any changes.
           
b. With respect to services that we provide, if there is a specific time length and price for those services, then that price will remain in force for such time. Your renewal or continued use of any services after such time, however, will be charged at the new price. If you are receiving services on a periodic basis (for example, monthly) with no specific ending period, then any price change will start when we indicate.  If you do not agree to such changes, then you must cancel and stop using the services before the changes are in force.  If you cancel a service, then your service ends at the end of your current service term or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.
           
c. If you refuse delivery of any goods or return a non-defective or undamaged product, you will be charged for actual return delivery costs and your original delivery fee is non-refundable.  If you later still wish to receive the items you will be recharged for the delivery.
           
d. You warrant that if you make any purchases from us that you are more than 18 years of age, not subject to the Child Online Privacy Protection Act, of legal age to enter into contractual agreements in the state, province, country, etc. in which you are present when you make the purchase, and you are the true and authorized owner of the credit card or other payment method used to make the purchase.  Any buyer who violates any of these requirements may be liable for civil or criminal prosecution, and agrees that all information collected by us may be used for prosecution and may be turned over to law enforcement agencies or to credit-card companies and merchant-service providers.
 
10. LIMITATION OF LIABILITY


a. This site is provided by The Center for Health Design Inc. on an "as is" and "as available" basis. THE CENTER FOR HEALTH DESIGN INC. MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED – INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE -- AS TO THE OPERATION OR USE OF THE SITE OR THE CONTENT CONTAINED IN IT. You expressly agree that your use of www.healthdesign.org is at your own risk.
 
b. The Center for Health Design Inc. cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. The Center for Health Design Inc. will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, or consequential damages.
 
11. REDEMPTION OF FREE PRODUCT AND COUPON OFFERS


a. From time to time, The Center for Health Design Inc. offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.healthdesing.org) or announced via other means of communication in conjunction with the promotion of The Center for Health Design Inc. product collection, including internet forums and various online websites.
 
b. We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. The Center for Health Design Inc., at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
 
12. APPLICABLE LAW AND JURISDICTION
By visiting www.healthdesign.org, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and The Center for Health Design Inc.  Any litigation or arbitration arising from or relating to these Terms of Use shall be brought exclusively in California.  In addition, such litigation or arbitration shall be brought in the venue proper for an individual residing in Concord, California.   The Parties agree that any action relating to or arising out of these Terms of Use shall be instituted and prosecuted only in that jurisdiction and in that venue.  The Parties hereby expressly waive any right to a change in jurisdiction or venue and any and all objections to such jurisdiction and venue. 
 
13. INTERNATIONAL USE
 
a. We do not represent that all content, materials and services on our website are appropriate or available for use in all geographic locations, especially some locations outside the United States, and you acknowledge that accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You agree that you will not access the foregoing where prohibited by law.   
 
b. Neither (i) the United Nations Convention on Contracts for the International Sale of Goods, (ii) the 1974 Convention on the Limitation Period in Contracts for the International Sale of Goods (the "1974 Convention"), nor (iii) the Protocol Amending the 1974 Convention done at Vienna, Austria, on April 11, 1980, apply in any manner to the interpretation or enforcement of these Terms of Use.
           
14. MODIFICATION AND WAIVER
No modification or waiver of these Terms of Use by us will be effective unless we agree in writing.  No waiver by us will be a continuing waiver unless so stated in writing.
           
15. ARBITRATION
Notwithstanding any other provision to the contrary, any controversy or claim arising out of or relating to these Terms of Use shall be settled exclusively by arbitration in Concord, California in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will apply.
           
16. INTEGRATION; SEVERABILITY; GENERAL
           
a. Any provision of these Terms of Use which is determined to be unenforceable in any jurisdiction shall be removed from these Terms of Use to the minimum extent required in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use.  In that event the arbitrator(s) and/or the court is hereby directed by the parties to replace the legally invalid provisions with legally valid provisions which will, from an economic viewpoint, most nearly and fairly approach the eliminated provisions.  The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
 
b. Any litigation or arbitration by you arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.
 
17.  CHANGES IN THESE TERMS OF USE
The Center for Health Design Inc. reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.  If we revise the Terms of Use we will prominently display a notice on our website saying there have been changes, include a link to them and state that continued use of the Web site binds the user to them.  By using our website subsequent to any revision of these Terms of Use, you agree to be bound by such changes.  If you find the changes to be unacceptable, you must immediately terminate your use of this website.