END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a binding contract between Crystal Healers of Gaia LLC (“Licensor”) and you (“You”), as a user of any portion of [crystalhealersofgaia.com](http://crystalhealersofgaia.com/) accessed using Credentials (as defined below) (the “Website”) as hosted and updated by Licensor from time to time. This EULA governs your access to and use of the Website. If you do not accept this EULA or you do not meet or comply with these provisions, you may not use or access the Website. If you use or access the Website, your use or access will be deemed to be acceptance of the EULA. Licensor reserves the right to change the terms of this EULA in its sole discretion at any time. Any such changes to this EULA will become effective immediately upon being posted on the Website. The Website and functionality thereof may be modified, temporarily or permanently by Licensor at any time without notice to You. By accessing and using the Website, You agree that Licensor shall not be liable to Your or any third party beneficiary for any modification of the Website or the functionality thereof. Licensor reserves all rights not expressly granted to You.
a. Site Access. You may only access the Website and Services, as defined further below, using Your registered User ID, personal identification number or password (“Credentials”). As part of such efforts, You will safeguard your Credentials in a private and secure place, and adopt necessary precautions when accessing and exiting the Website and Services at the end of each session. You will not provide your Credentials to any third party, and if You have knowledge of, or believe that a third party has, or may have, had access to Your Credentials, You should choose a new password and contact Your administrator immediately. If You do not have valid Credentials, You are not authorized to access the Website and Services. Unauthorized access to the Website is prohibited and may lead to criminal prosecution.
b. Scope of License. Licensor grants to You a non-transferable, non-exclusive, revocable license to use the Website on any device that You own or control solely in connection with your accessing of information, software, products, documents and services, and to participate in certain Services offered by Licensor. The terms of this EULA will govern any upgrades provided by Licensor that replace or supplement the original Website, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
c. Consent to Use of Content. You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, your IP address, and your web browser, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Website (collectively, “Data”). You may also voluntarily provide information, feedback, images, and other content in connection with your use of the Website (together with the Data, collectively, “Content”). You agree that Licensor may use the Content, as long as it is in a form that does not personally identify you, to improve its products and services or to provide products and services to You, and You hereby grant Licensor a nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable license in and to the Content, including all intellectual property rights therein, for Licensor to use, modify and create derivative works of the same in connection with or related to any business purposes. You represent and warrant to Licensor that (i) you have the necessary rights to grant the licenses and rights in and to the Content, and (ii) the Content and Licensor’s use thereof as permitted in this EULA will not infringe, violate or misappropriate any third party right. Your personal information will be collected and processed in accordance with the terms of Licensor’s Privacy Policy, available at https://www.crystalhealersofgaia/privacy-policy.
d. Termination. This EULA is effective until terminated by You or Licensor. Your rights under this EULA will terminate automatically without notice from Licensor if You fail to comply with any term of this EULA. Upon termination of this EULA, You will cease all use of the Website. Access to the Website and Services may be discontinued, temporarily or permanently, by Licensor at any time without notice to You. Licensor will not be liable to any business, service, employee or plan participant of the employer or to any third party beneficiary for any suspension or discontinuance of the Website or Services.
e. Services. Third Party Materials. The Website may enable access to Licensor’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service. The information provided by the Website is provided to You for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through the Website, Licensor shall not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through the Website.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third party Services or Third Party Materials. Third Party Materials and links to other websites are provided solely as a convenience to You. Neither Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any Services. You should exercise judgment in your use of any Services.
You agree that Services contain proprietary content, such as software, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, Services that may be accessed from, displayed on or linked to from Your device are not available in all languages or in all countries. Licensor makes no representation that Services are appropriate or available for use in any particular location. To the extent You choose to access such Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services without notice or liability.
f. No Warranty. USE OF THE WEBSITE IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
g. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE website, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
h. Transmissions of Data. You acknowledge that transmission to and from the Website could be read or intercepted by others. You acknowledge that by submitting communications through the Website, no confidential, fiduciary, contractually implied or other relationship is created between You and Licensor other than pursuant to this EULA. The Website is hosted in the United States. Data that you transmit through the Website may be accessed and processed by Licensor, its affiliates or its trusted third party vendors within the U.S. or outside of the U.S. in connection with the provision of the Services by Licensor to Your employer. As a result, Your data may be subject to the laws of such jurisdictions, and may be accessible to the courts and law enforcement authorities in the U.S. or such other jurisdictions. By using the Site and transmitting your personal information and other data, you consent to the use of your personal information and other data as required by Licensor to provide these Services in accordance with the terms of Licensor’s applicable service agreement with Your employer.
i. Government Users. The Website and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
j. Governing Law. The laws of Florida, excluding its conflicts of law rules, govern this license and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. Any and all proceedings relating to this Site and the subject matter contained herein shall be maintained in the courts of the State of Florida located in Dade County, Florida, or the federal district courts located in Dade County, Florida, which courts shall have exclusive jurisdiction over all such matters.
k. Consent to Electronic Notice. You agree that in any circumstance where Licensor is required by a statute, regulation, or other rule of law to provide written notice, that electronic notice may be utilized so long as it is consistent with the provisions regarding electronic records and signatures for notices legally required to be in writing as set forth in Section 7001 of Title 15 of the United States Code. You represent and warrant to Licensor that You understand that You have (i) the right to receive written notice on paper or in non electronic form, unless You consent otherwise and (ii) the right to withdraw consent to have the record provided or made available in an electronic form. You further understand and agree that consent to electronic notice applies to any transaction which gives rise to the obligation to provide a record, including, but not limited to, the following categories of records: (a) notices pursuant to data breach notification statutes, (b) notices generated by federal, state, and local agencies such as revenue, tax, and unemployment agencies, and (c) other similar notice requirements stemming from federal, state, or local laws. You understand that no special hardware or software requirements exist for access to and retention of the electronic records beyond those required to access the Internet and Your existing email address. You understand and agree that in order to receive electronic notice, You must populate, and update when necessary, Your email address on Your Crystalhealersofgaia.com profile and that if You wish to later withdraw consent with regard to receipt of electronic notices, You must withdraw consent by sending an email to support@crystalhealersofgaia.com. You understand and agree that if You wish to obtain a paper copy of an electronic record at no additional cost, You must email support@crystalhealersofgaia.com with a description of the record that You would like provided on paper and that the record will then be provided to You. With full knowledge of the requirements for consent, You affirmatively consent to receipt of electronic notice at Licensor’s discretion.
l. Contact Information. For questions about CrystalHealersofGaia.com products or services; complaints or claims with respect to this agreement and for general customer service inquiries should be directed to: support@crystalhealersofgaia.com.