Welcome to our Website
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as specifically allowed in this Agreement is strictly prohibited. You do not acquire ownership rights to any content, documents or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties, and the posting of such work does not create any rights, title or interest in such work in the viewer.
“Sandy Schell”(TM) is our service mark or registered trademark. Other product and company names mentioned on the Site may be trademarks of their respective owners.
You are granted a non-exclusive, non-transferable, revocable license
a. to access and use the Site strictly in accordance with this Agreement;
b. to use the Site solely for internal, personal, non-commercial purposes; and
c. to print out discrete information from the Site solely for internal, personal, non- commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your license for access and use of the Site and any information, materials or documents
(collectively defined as “Content and Materials”) therein are subject to the following
restrictions and prohibitions on use. You may not
a. copy, print (except for the express limited purposes set forth in this Agreement), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from;
b. use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any medium now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
c. create compilations or derivative works of any Content and Materials from the Site;
d. use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
f. make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
g. remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
h. use any automatic or manual process to harvest information from the Site;
i. use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions;
j. use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
k. export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
Information contained on or made available through the Site is not intended to substitute, nor constitute, professional medical advice or professional psychotherapeutic advice, recommendations or counseling in any circumstance and no health professional-client relationship is formed. Please contact the proper health-care professionals for any type of health concerns you may have and follow their advice and recommendations. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
Sandy Schell does not dispense medical advice or prescribe the use of any technique as a replacement form of treatment for physical, mental or medical problems by your doctor either directly or indirectly. Our intention is to offer a variety of information and tools to help the reader in their quest for spiritual growth, emotional and physical well-being.
If you have registered on one of our Websites, you may have obtained a username and password. Your username and password are issued to you and may not be used by anyone else. You are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur on the Website using your username and password, whether or not authorized by you. You must immediately notify us of any known or suspected unauthorized use of your username and password or any other breach of security at
Protecting your privacy is very important to us. Please read our before proceeding to use our Websites. Our describes the types of information we gather about you and the types of uses we make of such information, as well as the security measures we maintain in order to protect customer information.
These Websites and e-mails sent to you as a result of registering on one of the Websites, contain materials including, but not limited to, text, audio, video and/or images (individually and collectively the “Materials”) which are protected by international copyright, trade secret and trademark laws. You may access and use the Materials solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices completely intact. You may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer or disassemble the Materials. The Materials are licensed to you on a personal, non-exclusive basis by Sandy Schell, and are not sold to you. Except for the limited rights explicitly granted to you herein, Sandy Schell retains ownership of all right, title, and interest in and to the Materials including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how). We may also require you to follow additional rules, guidelines or other conditions that govern the use of particular Materials which can be accessed or downloaded from a Website. Such rules, guidelines or other conditions are made a part of these Terms and Conditions.
The name and logos and all related product and service names, design marks and slogans on these sites are the trademarks or service marks of Sandy Schell. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the owner. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to these Websites is strictly prohibited. Sandy Schell reserves all legal rights and remedies available to it.
The Websites may include web logs (“blogs”), bulletin boards, e-mail discussion lists,
list serves, chat rooms, forums, or other locations in which you can post comments
(collectively, “Web Logs”) on which visitors to the Websites may contribute their
thoughts and ideas about a Website, its content, and related issues. Sandy Schell
does not control the messages, information or files delivered to Web Logs. Sandy
Schell neither condones nor is responsible for any such information or files delivered
to the Web Logs. Sandy Schell reserves the right at all times to disclose any information
in the Web Logs as is necessary to satisfy any law, regulation or governmental request.
Sandy Schell, in its sole discretion, may edit, refuse to post or remove any materials,
in whole or in part, for any reason, including, without limitation, materials that
are objectionable or in breach of these Terms and Conditions. It is a condition of
these Websites that you do not:
restrict or inhibit any other user from using the Web Logs; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law; post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material which contains a virus or other harmful component; or post, or transmit or in any way exploit any information, software or other material for commercial purposes which contains advertising, promotions or marketing.
By sending a message to the Web Logs, you warrant and represent that you own the copyright for such information or have received permission from the person or entity who owns the copyright. By sending a message, you grant Sandy Schell and others the non-exclusive right and license to display, copy, publish, distribute, transmit, print and use such information. Sandy Schell reserves the right to terminate your access to, and use of, the Web Logs, or to censor, edit or block your transmissions thereto, if you do not abide by these Terms and Conditions.
The Materials may contain information and valuable trade secrets that are not generally known to the public. You must treat as confidential and preserve the confidentiality of all Materials, and must not disclose any portion of the Materials to any third party. The foregoing obligation does not apply to any information that: (a) is already in your possession as shown by documentation; (b) is or becomes publicly available through no fault of your own; or (c) is obtained by you from a third person without breach by such third person of an obligation of confidence. Information will not be deemed to be within the foregoing exceptions merely because it is: (i) embraced by more general information in the public domain or in the possession of the party receiving such information, or (ii) a combination of individual items of information that could be pieced together to reconstruct such combination from non-Confidential Information.
Your use of our Websites and the Materials is at your own risk. If you are dissatisfied with any of the Materials contained in a Website, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using these Websites. The information and services available on or through our Websites may come from a variety of sources. We may not actively monitor all of the content on our Websites or in certain features, newsletters, e-mail messages, or other Materials available on the Websites. Therefore, we cannot verify, endorse or vouch for the information, services or recommendations available through our Websites. Sandy Schell assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the Materials contained on the Websites. Sandy Schell also assumes no responsibility and is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in these Websites or your downloading of any Materials from a Website. You are responsible for any information you disclose on the Web Logs, and Sandy Schell will not be liable for the consequences of any such disclosure.
NEITHER Sandy Schell, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE OR THE MATERIALS IS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THESE
WEBSITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITES IS PROVIDED
TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, Sandy Schell DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOST REVENUES, OR LOST PROFITS.
NEITHER Sandy Schell NOR ANY THIRD PARTY CONTENT OR SERVICE PROVIDER PROVIDES ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND Sandy Schell EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, THE MISUSE OR MISINTERPRETATION OF, OR THE RELIANCE ON ANY INFORMATION CONTAINED IN THE MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE WEBSITES AND THE MATERIALS. IN NO EVENT WILL THE LIABILITY OF Sandy Schell TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT OF ANY FEES YOU HAVE PAID FOR ACCESS TO THE WEBSITES OR THE MATERIALS, IF ANY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
SANDY SCHELL may provide links (“Links”) from a Website to Internet sites maintained by third parties. All Links to other sites found on a Website are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Websites are not sponsored by, affiliated with, or the responsibility of SANDY SCHELL and the owners of such Links are not affiliated with SANDY SCHELL and do not sponsor or endorse the Websites. SANDY SCHELL has not tested or verified the content, accuracy, or opinions expressed on any Links on the Websites and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links to third-party sites.
You agree to immediately notify SANDY SCHELL of and to indemnify and to hold SANDY SCHELL harmless from any and all claims (including reasonable attorneys’ fees and costs) resulting from: (i) your acts, omissions, or representations in any way related to these Terms and Conditions; (ii) your access to, and use of, the Websites; or (iii) any information or services you receive through the Websites. You shall use your best efforts to cooperate with us in the defense of any claim. SANDY SCHELL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You may provide links to the Site, provided
a. you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site;
b. your site does not engage in any illegal or pornographic activities;
c. your site does not bring the Site in disrepute or aid in its unlawful replication; and
d. you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. We make not warranty regarding any representations made by any Advertiser or Sponsor.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit any other person to use the registered sections under your name or to access the Site by means of a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information. We are not required to disclose information
which may be released as a result of subpoena or a request from a government investigatory
branch or office.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) 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.
Your right to use the Site is personal and not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. Any attempted transfer shall be void.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability,
or damage of any kind resulting in any way from
a. any errors in or omissions from the Site or any services or products obtainable there from;
b. the unavailability or interruption of the Site or any features thereof;
c. your use of the Site;
d. the content contained on the Site; or
e. any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. IF WE REFUND ANY MONEY FOR ANY REASON, THEN ACCEPTANCE OF SUCH REFUND SHALL CONSTITUTE A WAIVER OF ANY AND ALL CLAIMS, RIGHTS OR CAUSES OF ACTION.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You hereby indemnify us from all costs, expenses, damages and fees, including but not limited to attorneys’ fees, arising out of your failure to pay or the provision of inaccurate credit information. We will charge interest on overdue and unpaid accounts.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. 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
f. 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 can be reached by directing an e-mail to the Copyright Agent at [email protected]
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement is governed by and construed in accordance with the laws of this State (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations of damages herein set forth. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The rule of construction of construing against the drafter does not apply to this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through the American Arbitration Association, but the prevailing party in the arbitration shall be entitled to recovery of all attorneys’ fees and costs, both taxable and non-taxable.