PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENTCAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OROUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMSAND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BYREFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER,OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONSBEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLYAGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOTACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between you and Desert Sounds Of Wellness (hereinafter ” “), a company duly organized and validly existing, located at PO Box 5205, Peoria, Arizona 85385. This Agreement annuls and voids all previous agreements.
The Site (www.desertsoundsofwellness.com) is operated by . Throughout the Site, the terms “we“, “us” and “our” refer to . offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve theright to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use ofor access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your stateor province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in theuse of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your accountand right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretionat any time and for any reason without giving you any prior notice:
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, created erivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of or our licens or except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Site. The terms “member,”
“membership,” and “account” all refer to this registration as a member on ‘s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Desert Sounds Of Wellness will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Desert Sounds Of Wellness Services, or any portion thereof.
SECTION 3 – CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by.
Furthermore, you herein agree not to make use of Desert Sounds Of Wellness’s Services for the purpose of:
connection with the prohibited conduct and/or activities which have been set forth in the a for ementioned paragraphs.
Desert Sounds Of Wellness herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
Desert Sounds Of Wellness herein reserves the right to access, preserve and/or disclose
member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
Desert Sounds Of Wellness herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Desert Sounds Of Wellness or any other content providers supplying content services to Desert Sounds Of Wellness. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree tocomply with all local rules relating to online conduct and that which is considered acceptablecontent. Uploading, posting and/or transferring of software, technology and other technical datamay be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and importlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program ofthe United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
SECTION 5 – SUBMITTED CONTENT
Desert Sounds Of Wellness shall not lay claim to ownership of any content submitted by any
visitor, member, or user, nor make such content available for inclusion on our website Services.Therefore, you hereby grant and allow for Desert Sounds Of Wellness the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
accessible areas of Desert Sounds Of Wellness’s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute, reproduce,modify, adapt, publish, translate, publicly perform and/or publicly display said content,whether in whole or in part, and the incorporation of any such Content into other works inany arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Desert Sounds Of Wellness’sSites are those such areas of our network properties which are meant to be available to thegeneral public, and which would include message boards and groups that are openly available toboth users and members. However, those areas which are not open to the public, and thusavailable to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Desert Sounds Of Wellness may provide an area for our user and members to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or proposals
(“Contributions“) to our site, you acknowledge and agree that:
b ) shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c ) shall be entitled to make use of and/or disclose any such Contributions in any suchmanner as they may see fit;
SECTION 6 – INDEMNITY
All users and/or members agree to insure and hold Desert Sounds Of Wellness, our subsidiaries,affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for anyclaim or demand, which may include, but is not limited to, reasonable attorney fees made by anythird party which may arise from any content a member or user of our Site may submit, post,modify, transmit or otherwise make available through our Services, the use of Services or yourconnection with these Services, your violations of the Terms of Service and/or your violation ofany such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor explo it for any commercial reason any part, use of, or access to ‘s sites.
SECTION 8 – MODIFICATIONS
Desert Sounds Of Wellness reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 – TERMINATION
As a member of www.desertsoundsofwellness.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to.
As a member, you agree that Desert Sounds Of Wellness may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated withyour account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
The termination of your account with www.desertsoundsofwellness.com shall include any and/or all of the following:
SECTION 10 – LINKS
Either Desert Sounds Of Wellness or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Desert Sounds Of Wellness shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 11 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Desert Sounds Of Wellness’s Services and any
essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Desert Sounds Of Wellness or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Desert Sounds Of Wellness Services (e.g. Content or Software), in whole or part.
Desert Sounds Of Wellness hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Desert Sounds Of Wellness for use in accessing our Services.
SECTION 12 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
b ) DESERT SOUNDS OF WELLNESS AND OUR SUBSIDIARIES, OFFICERS,EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCHWARRANTIES THAT (i) DESERT SOUNDS OF WELLNESS SERVICES OR SOFTWAREWILL MEET YOUR REQUIREMENTS; (ii) DESERT SOUNDS OF WELLNESSSERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE ORERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THEUSE OF THE DESERT SOUNDS OF WELLNESS SERVICES OR SOFTWARE WILL BEACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANYINFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINEDBY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THESOFTWARE SHALL BE CORRECTED.
WAY OF DESERT SOUNDS OF WELLNESS SERVICES OR SOFTWARE SHALL BEACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOUSHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMSAND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTERAND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANYLOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCHINFORMATION OR MATERIAL.
SECTION 13 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DESERT SOUNDSOF WELLNESS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OFANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVENTHOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGESMAY OCCUR, AND RESULT FROM:
SECTION 14 – RELEASE
In the event you have a dispute, you agree to release Desert Sounds Of Wellness(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any otherthird parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising outof or in any way connected to such dispute.
SECTION 15 – NOTICE
Desert Sounds Of Wellness may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Desert Sounds Of Wellness trademarks, copyright, trade name, service marks, and other Desert Sounds Of Wellness logos and any brand features, and/or product and service names are trademarks and as
such, are and shall remain the property of Desert Sounds Of Wellness. You herein agree not to display and/or use in any manner the Desert Sounds Of Well ness logo or marks without obtaining Desert Sounds Of Wellness’s prior written consent.
Desert Sounds Of Wellness will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Desert Sounds Of Wellness may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Desert Sounds Of Wellness agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Desert Sounds Of Wellness
Attn: Copyright Agent
PO Box 5205
Peoria, Arizona 85385
Email: [email protected]
SECTION 17 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Desert Sounds Of
Wellness and shall govern the use of our Services, superseding any prior version of this
Agreement between you and us with respect to Desert Sounds Of Wellness Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Desert Sounds Of Wellness Services, affiliate Services, third-party content or third party software.
SECTION 18 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Desert Sounds Of Wellness with regard to the
Agreement that the relationship between the parties shall be governed by the laws of the state of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Desert Sounds Of Wellness, shall be filed within the courts having jurisdiction within the County of Maricopa, Arizona or the U.S. District Court located in said state. You and Desert Sounds Of Wellness agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
At any time, should Desert Sounds Of Wellness fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 – VIOLATIONS
Please report any and all violations of this Agreement to Desert Sounds Of Wellness as follows:
Desert Sounds Of Wellness
PO Box 5205
Peoria, Arizona 85385
Email: [email protected]
SECTION 23 – GOVERNMENT REQUESTS
SECTION 24 – FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by from our offices within the USA. If you
access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use ‘s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.