Terms of Service
Please read the following agreement (the “Terms”) carefully. They explain the policies and rules related to use of our site (the “site”). By accessing, using or downloading materials from the site or by completing the registration process and clicking the “Build site” button or clicking on "Sign Up,” you are stating that you are at least 18 years old or a minor whose parent is allowing You to use our site, and that you agree with OsteopathicWebsites.com (“us”, “we”, “our” or “OsteopathicWebsites.com ”) to the following Terms. If you do not agree with the Terms then you should not use or access this site. “You” refers to you, the user, together with any company or other business entity you are representing.
You can easily begin using our site by filling out our one page membership form. In registering with us, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes; if you don't, we have the right to close your account and any web pages created under your account. As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. You are responsible for all actions taken under your password. If you find out that your password or account is being used by someone without your consent, or you discover any other breach of security, you agree to notify us immediately through the email support/help feature on the OsteopathicWebsites.com home page.
OsteopathicWebsites.com reserves the right to charge fees for the Service or any portion thereof. Any applicable fees will be posted on the OsteopathicWebsites.com website. All fees shall be paid in U.S. dollars.
OsteopathicWebsites.com reserves the right to change any fees (which includes, but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which OsteopathicWebsites.com does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after OsteopathicWebsites.com posts such modification on the OsteopathicWebsites.com website. OsteopathicWebsites.com also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the Service. As set forth in Section 10 of this Agreement, you may cancel your Account at any time, but OsteopathicWebsites.com will not refund any remaining portion of your pre-paid fees when you cancel your Account.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to OsteopathicWebsites.com when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that OsteopathicWebsites.com may incur in its efforts to collect any remaining balances due from you. This Section 2 shall in no way limit any other remedies available to OsteopathicWebsites.com . You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated. You must notify OsteopathicWebsites.com of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify OsteopathicWebsites.com within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You understand that the phrase “Powered by OsteopathicWebsites.com ” will be placed in the footer to each and every web page generated and transmitted by OsteopathicWebsites.com’s System but may be easily removed from your website through your website manager tools.
You agree to allow OsteopathicWebsites.com to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications.
At OsteopathicWebsites.com, we respect the privacy of our members. You agree that OsteopathicWebsites.com may disclose information we have collected from you and/or content you have made available on our site when OsteopathicWebsites.com believes in good faith that the law requires it, or to protect the rights or property of OsteopathicWebsites.com or its visitors, or as otherwise stated in the Privacy Policy. For more details, please see our Privacy Policy. Our Privacy Policy is deemed to be part of these Terms. Upon request OsteopathicWebsites.com may disclose your contact information to customers of your website, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content on your site. While we do our utmost to safeguard your information, please remember that privacy over the Internet cannot be guaranteed, and keep this in mind when deciding what information to transmit or broadcast through OsteopathicWebsites.com's site.
In general, we do not screen or edit information transmitted or shared by members on our site, but we reserve the right (but have no duty) to monitor, to remove any objectionable information, and to remove any web pages from our system at any time, without notice, at our sole discretion.
To help ensure that everyone's experience at OsteopathicWebsites.com is a positive one, we have certain rules for conduct, which you must agree to in using our site.
You agree to: follow all of your local, provincial/state, national and international laws and regulations, be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material (“Content”) that occur under your account or password, including any Content transmitted or broadcast through your account, comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside, provide direct contact information your customer can use to contact you regarding questions and issues regarding purchases from your site. Allows us to contact you via mail, email and telephone for the purpose of activation, service or billing, even if you are on the Federal Do Not Call List. You agree not to report our email communications to you as SPAM to anyone to any governing body, ISP or service provider since you are able to opt in or opt out of any mailings you request and agree to receive.
You also agree that you will not upload, post or transmit through your OsteopathicWebsites.com site any unlawful, harassing (including “stalking”), pornographic, abusive, threatening, harmful, obscene, libelous, tortuous, defamatory, vulgar, invasive of another’s privacy, hateful, excessively violent or racially, ethnically or otherwise objectionable content. Pornographic material includes genitalia and/or female breasts being displayed as well as sexual acts. Exceptions can be made with our prior consent. If you feel that your site may be an exception, please send us an e-mail stating your case through the Contact Us feature on the OsteopathicWebsites.com home page; copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that is unlawful, harassing, abusive, threatening, harmful, obscene, libelous, tortuous, or otherwise objectionable on your OsteopathicWebsites.com site; host or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; interfere with or disrupt OsteopathicWebsites.com's site, services, computer systems, servers or networks, or violate the regulations or policies of such networks; transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs; attempt to gain unauthorized access to OsteopathicWebsites.com's site or services, others' accounts, private web sites, or computer systems or networks connected to OsteopathicWebsites.com's site, through password mining or otherwise; engage in any systematic extraction of data or data fields, including without limitation e-mail addresses; frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site; collect information about others without their consent; provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication; transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages; copy audio content without the permission of all parties to the conversation;sell access to or use of any services available on OsteopathicWebsites.com 's site; interfere with anyone's use or enjoyment of OsteopathicWebsites.com 's site; harm minors in any way; fail to respond to customer, copyright or trademark holders' questions within 3 business days; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating “Crush” site; use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond our site.
Your relationship with your end users, “End Users” in this Agreement referring to any user who visits your site and uses the OsteopathicWebsites.com Service, is independent from OsteopathicWebsites.com . OsteopathicWebsites.com will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
Either you or OsteopathicWebsites.com may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with OsteopathicWebsites.com . You also agree that OsteopathicWebsites.com may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at OsteopathicWebsites.com's sole discretion, without prior notice to you. In most instances, however, OsteopathicWebsites.com will review a website and if it is found to be in violation of any of our the Terms Of Service, you will be given a warning. If the website continues to violate our rules, the site will be deleted.
The storage space per web site is limited, so it is possible that some messages or other content you transmit may not be processed due to space constraints, or will not be stored for a long time. You agree that OsteopathicWebsites.com is not responsible or liable for deleting or failing to store any content.
If you delete your website in part or in whole, accidentally or intentionally, and you ask OsteopathicWebsites.com to attempt to retrieve it from the archives, you agree that OsteopathicWebsites.com will charge a $200 fee for this service. You agree that OsteopathicWebsites.com is not responsible or liable for any content that cannot be retrieved.
OsteopathicWebsites.com reserves the right to interrupt service no more than five (5) percent of the year for maintenance and updates to our site. This service interruption does not include power outages, service loss or any other reasons as listed in Section 21 Force Majeure.
You agree to indemnify and hold OsteopathicWebsites.com , rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to OsteopathicWebsites.com and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (iv) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with OsteopathicWebsites.com or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of OsteopathicWebsites.com and/or its suppliers, affiliates, partners, subsidiaries and employees.
You will defend, indemnify and hold OsteopathicWebsites.com harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against OsteopathicWebsites.com that arises directly or indirectly from you or your end-users, or the content of such end-user’s website, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that OsteopathicWebsites.com promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by OsteopathicWebsites.com ’s failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
OsteopathicWebsites.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that OsteopathicWebsites.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that Content presented through our site by OsteopathicWebsites.com, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by OsteopathicWebsites.com or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through OsteopathicWebsites.com 's site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other website you operate such as in the meta-data of such website. Except as expressly authorized by OsteopathicWebsites.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
By posting or submitting content to the site, you (a) grant to OsteopathicWebsites.com and its affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose; (b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by OsteopathicWebsites.com will not infringe or violate the rights of any third party; and (c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.
The site does not provide users with the opportunity to post and share messages.
OsteopathicWebsites.com 's site may contain links to other sites. You agree that OsteopathicWebsites.com does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites. Because OsteopathicWebsites.com has no control over such sites and resources, you acknowledge and agree that OsteopathicWebsites.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OsteopathicWebsites.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
OsteopathicWebsites.com shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, accidents, transmission difficulties, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify OsteopathicWebsites.com immediately if you believe that the security of your account has been compromised. OsteopathicWebsites.com DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND OsteopathicWebsites.com SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OSTEOPATHICWEBSITES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OSTEOPATHICWEBSITES.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OSTEOPATHICWEBSITES.COMOR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
IN NO EVENT SHALL OSTEOPATHICWEBSITES.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF OSTEOPATHICWEBSITES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OSTEOPATHICWEBSITES.COM AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO OsteopathicWebsites.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither OsteopathicWebsites.com nor its suppliers is responsible for any of your data residing on the Service or OsteopathicWebsites.com 's suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Service or OsteopathicWebsites.com 's suppliers' hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
These Terms are governed by the laws of the state of Iowa and the laws of the action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in The United States and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Iowa , The United States under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against OsteopathicWebsites.com must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, OsteopathicWebsites.com may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 16 (Proprietary Rights to Content) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the Unites States. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Iowa, United States and further agree that any such action or proceeding shall be brought in a court in Iowa, United States.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
“Confidential Information” is any data or information, oral or written, treated as confidential that relates to either party’s (or, if either party is bound to protect the confidentiality of any third party’s information, such third party’s) past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, inventions, processes, plans, source code, object code, binary code, algorithms, ideas, know-how, financial information, customer data, revenue, transaction volume, forecasts, projections, and the financial terms of this Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the Effective Date of this Agreement as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; (v) it has been independently developed by a party without access to the Confidential Information of the other party; or (vi) it is required to be disclosed pursuant to final binding order of a governmental agency or court of competent jurisdiction, provided that the owner of the Confidential Information has been given reasonable notice of the pendency of such an order and the opportunity to contest it.
OsteopathicWebsites.com and you shall perform all duties under this Agreement as independent contractors. Nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.
As part of the Service, OsteopathicWebsites.com provides you with standard clip-art and photos to incorporate into your websites.
It is the policy of “OsteopathicWebsites.com (“us” or “we”) to respect the intellectual property rights of others; we ask that our members do the same. OsteopathicWebsites.com may terminate the accounts of those who appear to infringe the intellectual property rights of others, and/or OsteopathicWebsites.com may remove content that has prompted a complaint.
If you believe that your copyright in any material has been infringed by OsteopathicWebsites.com or a member of the OsteopathicWebsites.com community, please provide us with the following:
