Welcome to the Scalar Heart Connection® Web site, this site is owned and operated by Scalar Heart Connection, LLC.
Disclaimer; Limitation of Liability
You expressly understand and agree that:
Your use of the Site is at your sole risk. This Site and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in this agreement, Stephen Linsteadt and Scalar Heart Connection, LLC., their affiliated companies, respective officers, directors, employees and other representatives (collectively, “We/Us/Our”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Whilst every effort is maintained to secure accuracy, Except as otherwise expressly provided in these website terms and conditions, We make no warranty or guarantee that (i) this Site and Our products and services will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, free of defects or error-free, (iii) the results that may be obtained from your use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the Site will meet your requirements or expectations, (v) any errors in the site will be corrected, (vi) operate with the hardware or software that you use. You hereby release Us from all liability with regard to the services and contents of the Site and/or any advice received through the Site or any guests or third parties affiliated with this Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Us or on or through this Site creates any warranty not expressly stated in these terms and conditions. We will not, under any circumstances, be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this Site, including any liability for (i) any incorrect or inaccurate information, (ii) any unauthorized access to or disclosure of your transmissions or data, (iii) statements or conduct of any third party on this Site, or (iv) any other matter relating to this Site or any third party website referred to or contained within this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, and We will not be liable to you or any third party for any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages arising out of, relating or connected to the use of this Site or Out products or services based on any cause of action. The limitations of liability set forth herein are fundamental elements of the basis of your use of this Site. We give no representations or warranties that the use of this Site, Our products or services will not infringe the rights of any third parties. Persons under 18 years of age must obtain the consent of a parent or suitable caregiver if they wish to purchase any services from this Site. We do not monitor or take responsibility in screening visitors or age status.
Any accessing of this Site and/or Our products and services provided on or from this Site is obtained by Your own free will and choice and We hereby rescind any and all liability in any way for any legal ramifications, which You might incur as a result. We do not control, warrant or endorse any third party links, services, goods, resources and information appearing on the Site and We take no responsibility for the privacy, practices or content of such sites. All third party Linked Sites, references, sites, services, promotions, software applications or events appearing on the Site are for Your information only. We accept no responsibility for them or for any loss or damage that may arise from Your use of or interaction with them. The material, commentary and content displayed on or via this Site, and any products, services, software, events and applications is provided without any guarantees, conditions or warranties as to its accuracy, veracity, truthfulness, completeness and to the fullest extent permitted by law, We hereby expressly exclude: o all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and o any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Site, products, services, software, applications or events and any other loss or damage of any kind, however arising even if foreseeable.
Where any laws in any jurisdiction imply warranties and conditions or impose obligations on the supply of goods and services through or by means of this Site which cannot be excluded, restricted or modified except to a limited extent, then to the fullest extent permitted our liability is limited and if any liability remains it will be limited to any one or more of the following in Our sole discretion: o in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and o in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again. You hereby agree that in no event shall Our maximum aggregate liability exceed the greater of the amount paid by you for the service or one hundred dollars (USD $100.00).
Not Healthcare Advice
The advice, information, services and other content provided on and through this Site, including information that may be provided on this Site and other content provided on any third party (Linked Site), are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding treatment options. We accept no liability for any consequences acted upon in the use of any information provided on or from the Site or Our products or services. We do not guarantee the accuracy of any products or services and rescind all liability for any personal, business or health decisions. You must seek professional medical advice from your Healthcare Professional if you have any health concerns. The information provided on this Site and Linked Sites, including information relating to medical and health conditions and treatments, is not intended as a substitute for advice from your Healthcare Professional. You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, before using any medication, or herbal or homeopathic product, or before adopting any treatment for a health problem.
You acknowledge that all materials on this Site, including this Site’s design, graphics, text, sounds, pictures, applications, illustrations, software and other multimedia materials and files and the selection and arrangement thereof (collectively, “Materials”), are protected by copyright, trademark and all other proprietary rights which are owned and controlled by Us or by other parties that have licensed their material to Us. All rights to Materials not expressly granted in these terms and conditions are reserved to their respective copyright owners. Except as expressly authorized by these terms and conditions or on this Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without Our prior written authorization or that of the respective copyright owner. We authorize you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may print off one copy, and download extracts, of any page(s) from this Site for your personal reference only and never for commercial purposes. You must not modify any paper or digital copies of this Site, and you must not use or edit any material from this Site separately from any accompanying text. We must always be acknowledged as original owners and creators of any such material. You may not copy, sell, reproduce, republish, upload, post, transmit, frame, scrape, display, distribute, modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained in or described on this Site (including, without limitation, Stephen Linsteadt, Scalar Heart Connection®, and trademarks and any Marks associated on or with this Site) are Our sole property and/or Our suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part. In addition, all page headers, custom graphics, button icons and scripts are Our Marks and may not be copied, imitated or otherwise used, in whole or in part. We will at all times enforce Our intellectual property rights to the fullest extent of the law. This Site may contain trademarks, logos and links to Linked Sites. Any domain names, URLs, trademarks or logos appearing on this Site are the sole property of their respective owners and are out of Our control. We respect the intellectual property rights of others and We reserve the right to remove any content from this Site that, in our sole discretion, appears to infringe the intellectual property of others. Please contact us at firstname.lastname@example.org if you know or believe that any user of the Site or Our products or services has infringed your intellectual property rights
Persons under 18 years of age must obtain the consent of a parent or suitable caregiver if they wish to purchase any services from this Site. We do not monitor or take responsibility in screening visitors or age status.
User acknowledges that the ScalarHeartConnection.com Web site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and ScalarHeartConnection.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
In some instances, the Content available through the ScalarHeartConnection.com Web site represents the opinions and judgments of the respective third party providing such Content. ScalarHeartConnection.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the ScalarHeartConnection.com Web site by anyone other than ScalarHeartConnection.com. Under no circumstances shall ScalarHeartConnection.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the ScalarHeartConnection.com Web site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the ScalarHeartConnection.com Web site.
Termination of Usage
ScalarHeartConnection.com may suspend or terminate any User’s access to all or any part of the ScalarHeartConnection.com Web site including any account thereon, without notice, for any reason in ScalarHeartConnection.com’s sole discretion.
Disclaimers and Limitation of Liabilities
THE SCALARHEARTCONNECTION.COM WEB SITE IS PROVIDED BY Scalar Heart Connection, LLC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Scalar Heart Connection, LLC. DISCLAIMS ALL IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, Scalar Heart Connection, LLC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SCALARHEARTCONNECTION.COM WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SCALARHEARTCONNECTION.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SCALARHEARTCONNECTION.COM WEB SITE; OR (IV) THAT THE SCALARHEARTCONNECTION.COM Web site, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF SCALARHEARTCONNECTION.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Scalar Heart Connection, LLC. DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SCALARHEARTCONNECTION.COM WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SCALARHEARTCONNECTION.COM WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF Scalar Heart Connection, LLC. UNDER NO CIRCUMSTANCES SHALL Scalar Heart Connection, LLC. BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SCALARHEARTCONNECTION.COM WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SCALARHEARTCONNECTION.COM WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SCALARHEARTCONNECTION.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SCALARHEARTCONNECTION.COM WEB SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.