Terms & Conditions
These terms (“Terms”) govern
- the use of the Whole Health Institute (the “Owner”) website (the “Website”), mobile applications, and digital assets (collectively, the “Services”) and,
- any other related agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The user of this Website (the “User”) must read this document carefully.
This Website is provided by:
Whole Health Institute – 850 Museum Way, Bentonville, AR 72712
Owner contact email: info@heartlandwholehealth.org
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
The Owner grants the User a limited, revocable, non-exclusive, non-transferable license to review and in some instances print Content (as defined below), from the Services for the User’s personal and educational purposes as long as they do not violate any aspect of these Terms or applicable law, including the Owner’s intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. The Owner reserves the right to terminate or limit the User’s access to the Services and/or the licenses granted herein for any reason (or no reason) and in the Owner’s sole discretion.
By using this Website, the User confirms to meet the following requirements:
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the User appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with the User to enable them to withdraw personal data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc.).
Service reselling
The User may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Intellectual property rights
Copyrights and Trademarks
Copyrights
All content, features, and functionality provided in connection with the Services, including but not limited to images, design, artwork, calendars, text, trademarks, data, audio files, video files and clips, documentation, software, technical drawings, configurations, graphics, blog posts, podcasts, code, and other content, and their selection and arrangement (collectively “Content”) are either copyrighted by, or are the proprietary property of, the Owner, its affiliates, and/or licensors. Copyright and other intellectual property or proprietary rights may be held by individuals or entities other than the Owner. Such Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without the prior express written permission of the Owner; provided, however, that with respect to Content the Owner owns, the User may make authorized use of Content for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws, all such use to be subject to any additional terms or restrictions which may be applicable to the individual file or program, and provided that the User keep all copyright or other proprietary notices intact, including, without limitation, attribution information, credits, and copyright notices. The User must cite the author and source of the Content as they would material from any work, and the citations should include the URL “https://www.heartlandwholehealth.org/ ” but not in any way that implies endorsement of the User or the User’s use of the Content, or in any way that will violate the Owner’s or any other party’s proprietary rights. The User must not use any illustrations, photographs, video or audio sequences, or any graphics provided in connection with the Services separately from any accompanying text. Please note that this limited consent may be revoked at any time by the Owner and does not include consent to republish Content on the Internet, or any Intranet or Extranet site, or to incorporate the information in any data base or other compilation. The User further agrees that they will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities or personal information. Using Content for any commercial purpose is expressly prohibited. All rights not expressly granted herein by the Owner are reserved. If the User modifies, copies, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, sells or otherwise uses or provides any other person with access to this Website in breach of these Terms, the User’s rights to use the Website will stop immediately and the User must, at the Owner’s option, return or destroy any copies of the materials the User made. No right, title, or interest in or to the Website or any Content is transferred to the User, and all rights not expressly granted are reserved by the Owner.
Trademarks
The institutional names, exhibition names, and other trademarks, logos, service marks, and trade names, whether registered or unregistered (collectively, the “Trademarks”) displayed in connection with the Services, including, but not limited to, “HEARTLAND WHOLE HEALTH INSTITUTE” and variations thereof, including page headers, custom graphics, button icons, and scripts, and any future Trademarks of the Owner that may be displayed from time to time, are owned by the Owner. Trademarks of third parties may also be displayed in connection with the Services (“Third-Party Trademarks”). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks or Third-Party Trademarks displayed in connection with the Services without the express written permission of the Owner or such third party. Any unauthorized use of the Trademarks or any Third-Party Trademarks displayed in connection with the Services is strictly prohibited.
All Trademarks used in connection with the Services are owned by the Owner, and its affiliates, or licensors and may not be copied, imitated, or used in whole or in part without express written permission of the Owner.
Feedback
Any ideas, suggestions, and feedback (“Feedback”) about the Website or the Services that the User provides to the Owner are provided on an entirely voluntary basis and the User hereby grants the Owner and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable (through multiple tiers) license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display such Feedback without compensation or obligation to the User.
Third-Party Materials
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). The Owner does not assume and will not have any liability or responsibility to the User or any other person or entity for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, intellectual property rights compliance, legality, decency, quality, or any other aspect thereof. Third-Party Materials and links thereto are provided solely as a convenience to the User, and the User accesses and uses them entirely at their own risk and subject to such third parties’ terms and conditions.
Obtaining Permission
Anyone wishing to use the materials from the Services for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of the Owner or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use.
Take Down Requests
To the extent the Services allow the User to post, submit, publish, display, or transmit to other users or other persons any content or materials (collectively, “User Contributions”) on or through the Website, the Owner will use such User Contributions consistent with the terms of its Privacy Policy and these Terms. By providing any User Contribution on the Website, the User hereby grants the Owner and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable (through multiple tiers) license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display User Contributions and any name, username, voice, or likeness provided in connection with such User Contributions. The User hereby irrevocably waives any claims and assertions of moral rights or attribution with respect to User Contributions the User may contribute to the Website.
Since the Owner respects content owner rights, it is the Owner’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The Owner reserves the right, but is not obligated, to remove, screen, edit, or reinstate the User’s information at the Owner’s sole discretion for any reason or no reason, and without notice to the User. The User shall be solely responsible for User Contributions the User submits and the consequences of submitting and publishing such User Contributions on the Services. As such, the User may expose themselves to liability if they post or share User Contributions without owning or having the requisite license to such User Contributions.
The User affirms, represents, and warrants that the User owns, or has the necessary licenses, rights, consents, and permissions to publish any User Contributions that the User submits; and the User licenses to the Owner all patent, trademark, trade secret, copyright, or other proprietary rights in and to such User Contributions for publication on the Services pursuant to these Terms.
The User further agrees that the User’s User Contributions will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless the User has permission from the rightful owner of the material, or the User is otherwise legally entitled to post the material and to grant the Owner all the license rights granted herein.
Owners of copyrighted works who believe in good faith that their rights under U.S. copyright law have been infringed may report the infringement under the DMCA. A copyright owner should contact the Owner to report such concerns by providing notice to the Owner’s Designated Agent as required under the DMCA, Title 17 U.S.C. § 512 at https://www.copyright.gov/dmca-directory and follow instructions regarding notifications of claimed infringement. If such notice is provided by email, please address to [●]. If such notice is provided by mail, please address to:
Whole Health Institute – 600 Museum Way, Bentonville, AR 72712
The Owner does not permit copyright, trademark, or other infringement of intellectual property rights in connection with the Services, and the Owner will remove content if properly notified that such content infringes another’s intellectual property rights. The Owner reserves the right to remove content without prior notice subject to applicable law.
The Owner will use reasonable efforts to investigate notices of alleged infringement. If the Owner in its sole discretion reasonably believes an infringement has taken place, it will take appropriate action consistent with applicable law, which may include removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Website and Services. The Owner reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions on the Website. THE USER HEREBY WAIVES AND HOLDS HARMLESS THE OWNER AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OWNER AND ITS AFFILIATES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE OWNER, ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.
UNDER FEDERAL LAW, IF THE USER KNOWINGLY MISREPRESENTS THAT ONLINE MATERIAL IS INFRINGING, THE USER MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying the Owner that the User’s copyrighted material has been infringed. The preceding requirements are intended to comply with the Owner’s obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable for the User to contact an attorney regarding their rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, the Owner has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. The Owner may also, at its sole discretion, limit access to the Service and/or terminate the user accounts of any users who infringe any intellectual property rights of others, whether there is any repeat infringement.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If the User does not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate this agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
The User may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.