
TERMS AND CONDITIONS OF USE Welcome to our
website. This site is maintained
as a service to our customers. By using this site, you agree to comply
with and
be bound by the following terms and conditions of use. Please review
these
terms and conditions carefully. If you do not agree to these terms and
conditions, you should not use this site. 1. Agreement. This Agreement
(the
“Agreement’”) specifies the Terms and Conditions for access to and use
of 4healthwellness.com
(the “Site’”) and describe the terms and conditions applicable to your
access
of and use of the Site. This Agreement may be modified at any time by
Sarah
Kitchener upon posting of the modified agreement. Any such
modifications shall be
effective immediately. You can view the most recent version of these
terms at
any time at www. 4healthwellness.com.com. Each use by you shall
constitute and
be deemed your unconditional acceptance of this Agreement. 2.
Intellectual
Property Ownership. (a) Our Content. All content included on this site
is and
shall continue to be the property of Sarah Kitchener or its content
suppliers
and is protected under applicable copyright, patent, trademark, and
other
proprietary rights. Any copying, redistribution, use or publication by
you of
any such content or any part of the Site is prohibited without express
permission by Sarah Kitchener. Under no circumstances will you acquire
any
ownership rights or other interest in any content by or through your
use of
this site.. (b) User Supplied Content. By accessing our forum, bulletin
board,
chat room, or any other user interactive area of our site, and placing
any
information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not
limited to the right to post, publish, transmit, distribute, create
derivative
works based upon, create translations of, modify, amend, enhance,
change,
display and publicly perform such materials in any form or media,
whether now
known or later discovered. You also grant to others who access the
forum,
bulletin board, chat room or any other user interactive area of our
site a
perpetual, non-revocable, royalty free license to view, download, store
and
reproduce your postings but such license is limited to the personal use
and
enjoyment of such other party. (c) Personal Use. Sarah Kitchener grants
you a
limited, revocable, nonexclusive license to use this site solely for
your own
personal use and not for republication, distribution, assignment,
sublicense,
sale, preparation of derivative works, or other use. You agree not to
copy
materials on the site, reverse engineer or break into the site, or use
materials, products or services in violation of any law. The use of
this website
is at the discretion of Sarah Kitchener and Sarah Kitchener may
terminate your
use of this website at any time. (d) Other Uses. All other use of
Content from
the Site, including, but not limited to uploading, downloading,
modification,
publication, transmission, participation in the transfer or sale of,
copying,
reproduction, republishing, creation of derivative works from,
distribution,
performance, display, incorporation into another web site, reproducing
the Site
(whether by linking, framing or any other method), or in any other way
exploiting any of the Content, in whole or in part, is strictly
prohibited
without Sarah Kitchener prior express written consent. 3. Disclaimers.
(a)
DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON
AN `”AS IS,”
“AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE
RISK. Sarah
Kitchener DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO
ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED
WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOUR
SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO
DISCONTINUE USING THE SITE. FURTHERMORE, Sarah Kitchener DOES NOT
WARRANT THAT
USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM
ANY
LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sarah Kitchener
, ITS
SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR
THE DELETION,
FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS,
AND ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE
SITE’S
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA
THAT MAY
RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL. (b)
LIMITATION OF
LIABILITY. Sarah Kitchener SHALL NOT BE RESPONSIBLE OR LIABLE TO
PROVIDERS OR
ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT
LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES
WHICH MAY BE INCURRED IN CONNECTION WITH Sarah Kitchener OR THE SITE,
OR USE
THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR
RESIDING
ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD
BY WAY
OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE
OF
ACTION, EVEN IF Sarah Kitchener HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE
OR LOSS. (c) EARNINGS DISCLAIMERS. The information presented in this
Website is
intended to be for your educational and entertainment purposes only. We
are not
presenting you with a business opportunity. We are not presenting you
with a
distributorship. We are not making any claims as to income you may
earn. We are
not presenting you with an opportunity to get rich. Before embarking on
any
endeavor, please use caution and seek the advice your own personal
professional
advisors, such as your attorney and your accountant. Where income
figures are
mentioned (if any), those income figures are anecdotal information
passed on to
us concerning the results achieved by the individual sharing the
information.
We have performed no independent verification of the statements made by
those
individuals. Please do not assume that you will make those same income
figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings.
Testimonials
and statements of individuals are not to be construed as claims or
representations of average earnings. We cannot, do not, and will not
make any
claims as to earnings, average, or otherwise. Success in any endeavor
is based
on many factors individual to you. We do not know your educational
background,
your skills, your prior experience, or the time you can and will devote
to the
endeavor. Please perform your own due diligence before embarking on any
course
of action. Follow the advice of your personal qualified advisors. There
are
risks in any endeavor that are not suitable for everyone. If you use
capital,
only “risk” capital should be used. There is no guarantee that you will
earn
any money using any of the ideas presented in our in materials.
Examples in our
materials are not to be interpreted as a promise or guarantee of
earnings. Many
factors will be important in determining your actual results and no
guarantees
are made that you will achieve results similar to ours or anybody
else’s. No
guarantee is made that you will achieve any result at all from the
ideas in our
material. You agree that we will not share in your success, nor will we
be
responsible for your failure or for your actions in any endeavor you
may
undertake. Please understand that past performance cannot be an
indication of
possible future results. Materials in our product and our website may
contain
information that includes or is based upon forward-looking statements
within
the meaning of the securities litigation reform act of 1995.
Forward-looking
statements give our expectations or forecasts of future events. You can
identify these statements by the fact that they do not relate strictly
to
historical or current facts. They use words such as “anticipate,”
“estimate,”
“expect,” “project,” “intend,” “plan,” “believe,” and other words and
terms of
similar meaning in connection with a description of potential earnings
or
financial performance. Any and all forward looking statements in our
materials
are intended to express our opinion of earnings potential. They are
opinions
only and should not be relied upon as fact. 4. Terms Relating to User
Supplied
Site Content. (a) Participate at Your Own Risk. You enter and
participate in
our forum, bulletin board, chat room, or any other user interactive
area of our
site, and gain access to the materials contained thereon at your own
risk. (b)
No Monitoring. We do not monitor or screen communications on our forum,
bulletin board, chat room, or any other user interactive area of our
site and
we are not responsible for any material that any of our forum, bulletin
board,
chat room, or any other user interactive area of our site participant
posts and
we do not assume the responsibility to do so. In the event that we are
notified
by any party that any communications contained in our forum, bulletin
board,
chat room, or any other user interactive area of our site is contrary
to these
terms, we may, but are not obligated to, investigate the situation and
determine
in our own discretion, whether to remove such communication from our
forum,
bulletin board, chat room, or any other user interactive area of our
site. We
have no liability or responsibility to investigate or remove any
content from
our forum, bulletin board, chat room, or any other user interactive
area of our
site based upon a complaint or otherwise. (c) Your Reliance at Your
Risk. We do
not make any representations or warranties as to the truth or accuracy
of any
statement made or materials posted on or through our forum, bulletin
board,
chat room, or any other user interactive area of our site. You agree
and
acknowledge that you assume the risk of any actions you take in
reliance upon
the information that may be contained in our forum, bulletin board,
chat room,
or any other user interactive area of our site. (d) No Endorsement. We
do not
endorse or lend any credence for any statements that are made by any
participant in our forum, bulletin board, chat room, or any other user
interactive area of our site. Any opinions or views expressed by our
forum,
bulletin board, chat room, or any other user interactive area of our
site
participants are their own. We do not endorse or support or otherwise
give any
credence or reason for reliance on any such statements or opinions. (e)
You are
Responsible. You are fully responsible for your own statements and
materials
that you post in our forum, bulletin board, chat room, or any other
user
interactive area of our site and any consequences, whether or not
foreseen, to
any party who may rely upon these statements. You agree that you will
not take
any action directed towards attempting to hold us responsible for any
such
materials or statements. (f) Removal of Material. As a participant in
our
forum, bulletin board, chat room, or any other user interactive area of
our
site, you agree that we may remove any materials from our forum,
bulletin
board, chat room, or any other user interactive area of our site for
any
reason, in our sole discretion, or for no reason at all. This includes
material
which is disruptive, abusive, offensive, illegal, vulgar, pornographic,
or any
other material. You hold us harmless from and against any damage you or
others
may suffer as a result of our removal of any content from our forum,
bulletin
board, chat room, or any other user interactive area of our site or
from the
discontinuance of our forum, bulletin board, chat room, or any other
user
interactive area of our site at any time. (g) Right to Expel. We have
the right
to remove, expel, or disqualify any party from participation and access
to our
forum, bulletin board, chat room, or any other user interactive area of
our
site for any time and for any reason, or for no reason whatsoever, in
our sole
and absolute discretion. This includes, but is not limited to any
violation of
this agreement, disruptive behavior, complaints from other parties, any
allegedly illegal activity, or for any other reason or for no reason at
all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board,
chat room, or any other user interactive area of our site at any time
and all
users hold us harmless from and against any claims, damages, suits,
threats,
demands, liabilities, actions, causes of action, or injuries that may
result
therefrom, including but not limited to any consequential, incidental,
and
special damages of every nature and type. (i) Prohibitions. You agree
that you
will not (1) use our forum, bulletin board, chat room, or any other
user
interactive area of our site for any illegal purpose, (2) place any
material in
our forum, bulletin board, chat room, or any other user interactive
area of our
site that violates the copyrights, trademarks, trade secrets,
confidential
information or other rights of any other party, (3) place any material
in our
forum, bulletin board, chat room, or any other user interactive area of
our
site that contains a false statement about any person, infringes upon
the
privacy rights of any other person, or threatens, harasses, abuses or
embarrasses any other person, (4) place any obscene, pornographic,
sexually
explicit or violent materials, graphics, photographs, text or otherwise
in our
forum, bulletin board, chat room, or any other user interactive area of
our
site, (5) place any advertising, attempted business solicitation,
marketing
materials or sales promotional materials in our forum, bulletin board,
chat
room, or any other user interactive area of our site, (6) pretend to be
another
person that you are not, (7) place materials in our forum, bulletin
board, chat
room, or any other user interactive area of our site that are
disruptive or
off-topic. (j) Hold Harmless and Indemnify. You hold us harmless from,
and
indemnify us against, any and all claims for damages from third parties
arising
from your participation, use or conduct in our forum, bulletin board,
chat
room, or any other user interactive area of our site. 5. Miscellaneous.
(a)
Prohibition Against Data Mining. You are prohibited from data mining,
scraping,
crawling, email harvesting or using any process or processes that send
automated queries to the Sarah Kitchener Web site. You may not use the
Sarah
Kitchener Web site to compile a collection of listings, including a
competing
listing product or service. You may not use the Site or any Materials
for any unsolicited
commercial e-mail. (b) Intended Audience. This website is intended for
adults
only. This website is not intended for any children under the age of
18. (c)
Compliance with Laws. You agree to comply with all applicable laws
regarding
your use of the website. You further agreed that information provided
by you is
truthful and accurate to the best of your knowledge. (d)
Indemnification. You
agree to indemnify, defend and hold Sarah Kitchener and our partners,
employees, and affiliates, harmless from any liability, loss, claim and
expense, including reasonable attorney’s fees, related to your
violation of
this Agreement or use of the Site. (e) Privacy. Your visit to our site
is also
governed by our Privacy Policy. Please review our Privacy Policy at
www.ForexTradingShock.com.
Sarah Kitchener reserves the right, and you authorize us, to use and
assign all
information regarding site uses by you and all information provided by
you in
any manner consistent with our Privacy Policy. (f) DMCA Notice. If you
believe
your work has been copied in a way that constitutes copyright
infringement,
please provide a notice containing all of the following information to
our
Copyright Agent: (1) An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (2)
A
description of the copyrighted work that you claim has been infringed;
(3) A
description of where the material that you claim is infringing is
located on
the Site; (4) Your address, telephone number, and e-mail address; (5) A
statement by you that you have a good faith belief that the disputed
use is not
authorized by the copyright owner, its agent, or the law; and (6) A
statement
by you, made under penalty of perjury, that the above information in
your
notice is accurate and that you are the copyright owner or authorized
to act on
the copyright owner’s behalf. Our Copyright Agent for Notice of claims
of
copyright infringement on the Site is Sarah Kitchener, who can be
reached as
follows: By e-mail:info at 4healthwellness.com (g) Applicable Law. You
agree
that the laws of the Country of the UK, without regard to conflicts of
laws
provisions will govern these Terms and Condition of Use and any dispute
that
may arise between you and Sarah Kitchener or its affiliates. Venue
shall be in
Spain. (h) Arbitration. As part of the consideration that Sarah
Kitchener
requires for viewing, using or interacting with this website, you agree
to the
use of binding arbitration for any claim, dispute, or controversy of
any kind
(whether in contract, tort or otherwise) arising out of or relating to
this
website. Arbitration shall be conducted pursuant to the rules of the
American
Arbitration Association which are in effect on the date a dispute is
submitted
to the American Arbitration Association. Information about the American
Arbitration Association, its rules, and its forms are available from
the
American Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New
York, 10017-4605. Hearing will take place in the city or county of
Sarah
Kitchener. In no case shall you have the right to go to court or have a
jury
trial. You will not have the right to engage in pre-trial discovery
except as
provided in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any
claim
subject to arbitration; the arbitrator’s decision will be final and
binding
with limited rights of appeal. The prevailing party shall be reimbursed
by the
other party for any and all costs associated with the dispute
arbitration,
including attorney fees, collection fees, investigation fees, and
travel
expenses. (i) Severability. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable or
invalid,
that provision shall be limited or eliminated to the minimum extent
necessary
so that this Agreement will otherwise remain in full force and effect.
(j)
Termination. Sarah Kitchener may terminate this Agreement at any time,
with or
without notice, for any reason. (k) Contact Information. HOW TO CONTACT
US: Sarah
Kitchenerinfo at 4healthwellness.com
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