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PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE:
UrbanHeights ("UH") maintains this Site to provide
you with information about UH products and services, as well as information
about hypnotherapy, health, personal growth and self-improvement, and
to facilitate communication with UH. UH may revise these terms and
conditions from time to time.
UH requires that all visitors to its site(s) on the Internet (the "Site")
adhere to the following rules and regulations. By accessing the Site,
you indicate your agreement and acceptance of these terms and conditions.
Copyright in the images, text, screens, and web pages appearing at the
Site is owned by UH or others as indicated. The information and materials
may not otherwise be copied, displayed, distributed, downloaded, licensed,
modified, published, reposted, reproduced, reused, sold, transmitted,
used to create a derivative work or otherwise used for public or commercial
purposes, except as provided in these terms and conditions, without our
express written permission.
Not all of the products or services described on the Site are available
in all geographic areas. You may not be eligible for all the products
or services described. UH reserves the right to determine eligibility
for any product or service.
Unless otherwise prohibited by law, any communication or material you
transmit to us via the Site or Internet electronic mail is on a non-confidential
basis, and UH may use such communication or material for any purpose
consistent with our Privacy Policy and applicable law, including reproduction,
publication, broadcast and posting. UH will use its best efforts to
include accurate and up-to-date information on the Site, but it makes
no warranties or representations as to the accuracy of the information.
You agree that all access and use of the Site and its contents is at
your own risk. BY USING THE SITE, YOU ACKNOWLEDGE THAT WE SPECIFICALLY
DISCLAIM ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS
TO OR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH
MAY INFECT A USER'S COMPUTER EQUIPMENT.
WITH REGARD TO SERVICES OR PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE OR BY LINKAGE TO OTHER INTERNET SITES, EITHER DIRECTLY OR INDIRECTLY
BY VARIOUS THIRD PARTY PROVIDERS OTHER THAN UH, UH MAKES NO WARRANTY
OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH
REGARD TO SUCH SERVICES AND PRODUCTS, AND UH SPECIFICALLY DISCLAIMS
ALL OTHER WARRANTIES WITH REGARD TO SUCH SERVICES AND PRODUCTS. UH DOES
NOT ENDORSE, AND SHALL HAVE NO OBLIGATION OR LIABILITY CONCERNING SUCH
THIRD PARTY'S DELIVERY, OR NON-DELIVERY, OF THEIR RESPECTIVE SERVICES,
PRODUCTS AND MATERIALS, OR THE ACCURACY, COMPLETENESS OR TIMELINESS THEREOF.
You agree that your use of this Site shall be governed by New York
state law and agree that jurisdiction and venue shall be located in Brooklyn,
New York.
1. GENERAL PROVISIONS.
UH does not represent or endorse the accuracy or reliability of any
information, content or advertisements (the "Materials")
contained on, distributed through, or linked, downloaded or accessed
from the Site, except as otherwise expressly stated in any applicable
Service Agreement, nor the quality of any Software or other products,
information or other materials displayed, purchased, or obtained by
you as a result of any advertisement or any information or offer in
or in connection with the Service or the Site (the "Products").
You acknowledge that any reliance upon any Service, Product, or Material
shall be at your sole risk, except as otherwise required by applicable
consumer protection law. UH reserves the right, in its sole discretion
and without any obligation, to correct any error or omission in any
portion of any Service, Product, or Material.
2. LINKED INTERNET WEB SITES.
UH has provided these internet links for your convenience. UH does
not endorse or accept responsibility for any such web site. UH makes
no representations about any web site you may access through UH's
Site. Any web site linked to this Site is independent from UH. As
a result, UH has no control over the Products, Services, Materials,
or other information contained in or available through these third
party web sites. The quality and dependability of these third party
web sites may vary as they are updated or altered. Access to any other
web sites linked to the Site is at your own risk.
3. DISCLOSURE OF ACCOUNT OR PERSONAL INFORMATION TO THIRD PARTIES.
UH maintains procedures designed to protect confidential information
about you and your use of any Materials, Products and Services. Please
refer to UH's Privacy Statement posted on its Site for more information
on UH's use of your personal information provided to or held by UH.
4. NO WARRANTIES.
YOU AGREE THAT UH, ANY THIRD PARTY PROVIDER, AND ANY VENDOR SHALL HAVE
NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY OR TIMELINESS
OF THE SERVICE OR PRODUCT OR THE ACCURACY, TIMELINESS, COMPLETENESS
OR CORRECT SEQUENCING OF THE MATERIALS, OR FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE UPON THE PRODUCTS, MATERIALS OR THE
SERVICE, OR FOR INTERRUPTION OR DELAY OF ANY DATA, MATERIAL, OR ANY
OTHER ASPECT OF THE SERVICE. THIS SERVICE AND ALL PRODUCTS AND MATERIALS,
ARE PROVIDED "AS IS". THERE IS NO WARRANTY THAT ANY SERVICE,
PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS WEB
SITE, OR UH'S COMPUTER SYSTEM, WILL FULFILL ANY OF YOUR PARTICULAR
PURPOSES OR NEEDS. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY
OR QUALITY, FITNESS FOR A PARTICULAR USE, OR ACCURACY OF INFORMATION
CONTENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING
THE PRODUCTS OR MATERIALS, OR ANY ASPECT OF THE SERVICE (INCLUDING,
BUT NOT LIMITED TO, INFORMATION ACCESS AND ORDER EXECUTION), EVEN IF
UH HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF
SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH
ANY VIRUSES WHICH MAY INFECT A USER'S COMPUTER EQUIPMENT OR RELATED
SOFTWARE.
5. LIMITED LIABILITY.
IN NO EVENT SHALL UH, ANY THIRD PARTY PROVIDER, OR ANY VENDOR BE LIABLE
TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
INDIRECT DAMAGES (INCLUDING , BUT NOT LIMITED TO, LOST PROFITS, FAILURE
TO RESOLVE HEALTH OR LIFE PROBLEMS, DAMAGES THAT RESULT FROM INCONVENIENCE,
DELAY OR LOSS OF THE USE OF THE MATERIALS, PRODUCTS, OR SERVICE) ARISING
OUT OF OR RELATED TO THESE WEB SITE RULES OR ANY APPLICABLE SERVICE
AGREEMENT, EVEN IF UH OR SUCH THIRD PARTY PROVIDER OR VENDOR HAS BEEN
ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT
AS LIMITED BY APPLICABLE LAW. NO ACTION REGARDLESS OF FORM ARISING
OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR
AFTER THE CAUSE OF ACTION HAS ACCRUED.
You agree to indemnify, defend and hold UH and its Third Party Providers
and Vendors harmless from and against any and all claims, losses, liability,
cost, and expenses (including, but not limited to, reasonable attorneys'
fees) arising from your violation or breach of these Web Site Rules,
any Service Agreement, any third party's rights, including, but not limited
to, copyrights, proprietary and privacy rights, or any applicable federal,
state or local law, regulation or ordinance. Your obligations under this
Section will survive the termination of these Web Site Rules, any applicable
Service Agreement, or any Services.
6. TERMINATION OF SERVICE.
UH reserves the right to deny or terminate your access to or use of
the Site, any Service, Product, or Material or any portion thereof,
at UH's sole discretion, without notice and without limitation, for
any reason whatsoever including, but not limited to, your breach of
any provision of these Web Site Rules or any applicable Service Agreement
or discontinuance of UH's access to any Product or Material. In the
event of any such termination by UH, UH shall have no liability to
you.
7. CHANGE IN WEB SITE RULES.
UH reserves the right to revise these Web Site Rules at any time by
posting the revised Web Site Rules on the Site, and you are deemed
to be apprised of and bound by any changes to these Web Site Rules
unless you notify UH of your objection to and refusal to accept the
changes by sending written notice of such objection to UH at: 1407
Herkimer Street, Brooklyn, New York 11233 and include your name as
it appears on your
Account,
your address, and telephone number, and sign and date
your correspondence. However, if you continue to access or use the
UH Web Site, or any Service, Product or Material, such action shall
constitute your acceptance and agreement to the changes in the UH
Web Site Rules, notwithstanding any written notice of objection to
the contrary.
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