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Privacy Policy & Terms of Service Alternative Health Products

  

Please review our polices below and should you have any questions feel free to contact us at the number provided on this website.

1. General Statements

This Privacy Policy is a legally binding contract between NPI Cyber Risk Management Inc., or its applicable affiliate that owns or controls the applicable Website or provides the applicable Services that you may be accessing or using (“Mahingan Healing”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand. This Privacy Policy describes our policies on the collection, use, and disclosure of information when you access or use Mahingan Healing’ (a) websites, portals, mobile applications, channels, and software, including Mahingan Healing.com,  and (b) social media pages and channels (collectively, the “Websites”), including any services, features, media, functions, content, tools, and links contained or offered therein (collectively, the “Services”). When you use the Websites or Services, you consent to our collection, use, modification, and disclosure of information about you as described in this Privacy Policy. If you do not accept and agree to this Privacy Policy, you may not access or use any of the Websites or Services or create an account or user profile.

We may make changes to this Privacy Policy from time to time. When we make material changes to this Privacy Policy, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending a push notification or in-app notification, (iii) prominently posting a notice of the changes on the Websites, or (iv) requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Websites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. We may also post additional privacy policies or statements that apply to certain portions of the Websites or Services, and your access to and use of such Websites or Services shall be deemed to be your approval and consent to such additional privacy policies or statements.

2. Information We Collect And How We Use It

How Mahingan Healing Uses Your Information

We generally use your information to:

  1. Facilitate      the creation of and to secure your User Account (as defined below) on the      Services;
  2. Identify you      as a user in our system;
  3. Provide,      personalize, and improve the Services;
  4. Provide      feedback and user base demographics to third-party businesses listed on      the Websites or Services;
  5. Communicate      with you about your use of the Services;
  6. Develop new      products and Services,
  7. Track usage      of the Websites and Services;
  8. Customize      the advertising you view and recommend content;
  9. Backup our      systems and allow for disaster recovery;
  10. Fulfill your      requests and provide customer support;
  11. Send      newsletters, surveys, offers and promotional materials related to the      Services and your user preferences and behaviors and for other marketing      purposes of Mahingan Healing using your contact information;
  12. Protect,      investigate, prevent and potentially take action against possible      fraudulent, unauthorized, or illegal activities;
  13. Respond to      claims that Website content is inauthentic, counterfeit, or otherwise      violates the rights of third parties;
  14. Respond to      your requests for customer service;
  15. Protect our      rights and the rights of other users;
  16. Enforce      our Terms      of Service, this Privacy Policy, and any other policies      governing your access to or use of any of the Websites or Services; and
  17. As otherwise      described in this Privacy Policy or in notices we provided to you.

We may also use your information to verify your geographic location. We may use your geographic location data to personalize and improve our Websites or Services, to recommend content, or determine whether the information you have requested is available in your location.

How Mahingan Healing Discloses Your Information

  1. We may share      your personal information with your consent or at your direction,      including with third parties fulfilling orders or requests you place on      our Websites.
  2. We may also      share your information with others who perform services on our behalf.
  3. We also may      disclose your information if we believe doing so is appropriate or      necessary to prevent any liability, or fraudulent, abusive, or unlawful      uses or to protect Mahingan Healing, our Websites, and Services; or any      rights, property, or personal safety of Mahingan Healing or others.
  4. In the event      that Mahingan Healing is or may be acquired by or merged with another      company or involved in any other business deal (or negotiation of a      business deal) involving sale or transfer of all or part of our business      or assets, we may transfer or assign your information as part of or in      connection with the transaction and such acquirer or merged entity may      thereafter utilize your personal information in accordance with this      Privacy Policy. Finally, in the event of insolvency, bankruptcy, or      receivership, information may be transferred as a business asset.
  5. We may share      your information with any of our affiliates.

We may also share aggregated and reasonably anonymized data with our partners, advertisers, and other third parties. You acknowledge and agree that the Websites can serve as portals to other businesses and consumers. Any requests, orders, or interactions you engage in with other businesses and consumers may necessitate the provision of information to such other party.

Information We May Collect

This Privacy Policy describes the types of information we collect. Among the information we collect, please note:

1. Account Information: If you create an account on any of the Websites or Services (a “User Account”), we may store and use your full name, e-mail address, home address, phone number, zip code, and other information you may provide with your User Account, such as your gender and birth date. Your first name and last initial, as well as any photo you submit through the registration process, may be publicly displayed as part of your User Account profile. We may also store and use information regarding your means of age verification (e.g., drivers license) or medical marijuana recommendation, including your recommending doctor’s name and license number, contact information, verification methodology, and verification number. We may also store information on your order history and preferences with respect to orders placed from your account.

  1. Public Content: The information that you      contribute through or post on the Websites or Services is intended for      public consumption, including your reviews, tips, photos, videos,      check-ins, comments, likes, posts, events, bookmarks, friends, lists,      compliments, and basic User Account profile information. We may display      this information through the Websites or Services, share it with      businesses, and further distribute it to a wider audience through      third-party sites and services.
  2. Communications: When you sign up for a      User Account or use certain features, you are opting to receive messages      from other Mahingan Healing users, businesses, and Mahingan Healing      itself. While you can manage some of your e-mail preferences, please note      that you cannot opt out of receiving certain administrative,      transactional, or legal messages from Mahingan Healing. We may also track      your actions in response to the messages you receive from Mahingan Healing      or through the Websites or Services, such as whether you deleted, opened,      or forwarded such messages. If you exchange messages with others through      the Websites or Services, we may store them in order to process and      deliver them, allow you to manage them, and we may review and disclose      them in connection with investigations related to the operation and use of      the Websites or Services. We may not deliver messages that we believe are      objectionable, such as spam messages or requests to exchange reviews for      compensation. If you send or receive messages through the Websites or      Services via SMS text message, we may log phone numbers, phone carriers,      and the date and time that the messages were processed. Carriers may      charge recipients for texts that they receive. We may also store      information that you provide through communications to us, including from      phone calls, letters, e-mails, and other electronic messages, or in person.      If you are a representative of a business listed on Mahingan Healing, we      may contact you, including by phone or e-mail, using the contact      information you provide us, make publicly available, or that we have on      record for your business.
  3. Transactional Information: If you      initiate a transaction through any of our Websites or Services, to the      extent applicable (the “Transactable Sites”), we may collect and store      information about you, such as your name, phone number, address, e-mail,      and credit card information, as well as any other information you provide      to us, in order to process your transaction, send communications about      them to you, and populate forms for future transactions. This information      may be shared with third parties for the same purposes. Mahingan Healing      does not disclose your personal information to third parties for the      purpose of directly marketing their services to you unless you first agree      to such disclosure that may advertise content directly to you on behalf of      such parties. When you submit credit card numbers, we encrypt that      information using industry standard technology. If you write reviews about      businesses with which you transact through the Websites or Services, we      may publicly display the fact that you transacted with those businesses.

1. We collect non-personal information from you while you are browsing in the Websites. This information may include IP addresses to help analyze system administration, to gather broad demographic information, to enable ads to reach the right individuals, to report non-personal information to our advertisers, and to monitor the level of activity on Mahingan Healing. The information we collect from you visiting the Transactable Sites may include the URLs they came from, their IP addresses, the date and time of their visit or order, the number of visits and orders, the number of visits per browsing session, the server type, the operating system and browser type used to come to the site, the country, state, and telephone area code where their servers are located, the pages and page titles of our site that visitors viewed during their visit, whether the visitor’s computer is enabled for Java or cookies, browser language, applications and plug-ins, and any search terms entered on Mahingan Healing. We may also collect and store data that may be considered personal medical information, including regarding orders you prepare to place or actually place through any of the Transactable Sites.

  1. For individuals making purchases       through the Transactable Sites, we may collect personal information that is       reasonably necessary for third-party sellers to ship the products to you,       verify your identity and eligibility to receive such products or       services, and to communicate with you regarding purchases and any issues       that may arise in connection with your purchase. This personal       information includes your “ship to” information and your e-mail address.       For product vendors and listing clients, we may collect information that       is reasonably necessary for users to communicate with you regarding the       purchases and shipment of goods and services purchased from you and any       issues that may arise in connection with their purchase. This personal       information includes the seller information provided during your listing       or vendor registration and your e-mail address. When you make a purchase       through the Transactable Sites, we may collect and maintain personal       information from you, such as your name, e-mail address, billing address,       shipping address, telephone number, product selections, credit card or       other payment information, order number, referring URL, IP address, page       you bought from, and a password. We collect this information, and other       personal information as disclosed in this Privacy Policy, in order to       facilitate the fulfillment of your order, to facilitate the communication       with you about your order, and to send you promotional materials. Before       confirming your order, you will have the opportunity to review the       product order form and make changes and additions to the information it       contains, and these changes will be automatically kept for future use. We       may require additional verifications or information from you before       accepting any order.

5. Activity: We may store information about your use of the Websites or Services, such as your search activity, the pages you view, the actions you take, the date and time of your visit, businesses you call or e-mail using our mobile applications, and purchases you make through the Transactable Sites. We also may store information that your computer or mobile device provides to us in connection with your use of the Websites, Services, or Transactable Sites, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the Mahingan Healing application in iOS privacy settings. We note that disabling Location Services may adversely impact the Website or Services experience and functionality and enabling such services may be necessary in some cases to allow certain transactions.

3. Cookies

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with your use of the Websites or Services, third-party websites, Transactable Sites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in e-mails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Websites or Services, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

Our uses for these technologies fall into one of the following general categories:

1. Operationally Necessary: We may use cookies, web beacons, or other similar technologies that are required for the proper operation of our Websites, Services, and relevant applications, features, and tools. This includes technologies that allow you to access our Service, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity, and improve security; or that allow you to use our other ancillary functions such as shopping carts, saved searches, or similar features.

  1. Performance-Related: We may use cookies,      web beacons, or other similar technologies to assess the performance of      our Websites, Services, and relevant applications, features, and tools,      including, as part of our analytic practices, (i) to help us understand how      our visitors use our Websites, (ii) to determine if you have interacted      with our messaging, (iii) to determine whether you have viewed an item or      link, (iv) to improve our Website content, applications, products,      Services, or tools, and (v) to create new Website content, applications,      products, Services, or tools.
  2. Functionality-Related: We may use      cookies, web beacons, or other similar technologies that allow us to offer      you enhanced functionality when accessing or using our Websites,      applications, products, Services, features, and tools. This may include      identifying you when you sign into our Websites or Services or keeping      track of your specified preferences, interests, or past items viewed so      that we may enhance the presentation of content on our Websites or      Services or create new Website content, applications, products, Services,      features, or tools.
  3. Advertising or Targeting-Related: We may      use first-party or third-party cookies and web beacons to deliver content,      including ads relevant to your interests, on our sites or on third-party      sites. This involves using technologies to understand the usefulness to      you of the advertisements and content that has been delivered to you, such      as whether you have clicked on an advertisement.
  4. New Products and Services: We may use      cookies, web beacons, or other similar technologies to help develop new      content, Websites, applications, products, Services, features, and tools.      This may include keeping track of your preferences, interests, and      behaviors and data relating to advertisements that have been displayed to      you or that you have clicked on.

This table helps describe the various reasons for our usages of cookies:

   

Purpose


Explanation

 

Processes


Intended to   make the Websites, Services, and Transactable Sites work in the best way   possible, ensuring that we exceed your expectations. For example, we use a   Cookie that tells us whether you have signed up and created a user profile   yet.

 

Authentication,   Security, and Compliance


Intended to   prevent fraud, protect your data from unauthorized parties, and comply with   legal requirements. For example, we use Cookies to determine if you are   logged in to your User Account.

 

Preferences


Intended to   remember information about how you prefer the Websites or Services to behave   and look. For example, we use a Cookie that tells us whether you have declined   to allow us to use your phone’s geolocation data.

 

Notifications


Intended to   allow or prevent notices of information or options that we think could   improve your use of the Websites or Services. For example, we use a Cookie   that stops us from showing you the signup notification information if you   have already seen it.

 

Advertising


Intended to   make advertising more relevant to users and more valuable to advertisers. For   example, we may use Cookies to ensure you receive only interest-based ads,   such as ads that are displayed to you based on your visits to other websites,   or to tell us if you have recently clicked on a specific advertisement.

 

Analytics


Intended to   help us understand how visitors use the Websites, Services, and Transactable   Sites, the effectiveness of certain advertisements, what kind of customer   typically accesses the Websites or Services, and what specific promotions   yield the best results. For example, we use a Cookie that tells us how our   search suggestions correlate to your interactions with the search page.

Managing Cookies: It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of the Websites, Services, and Transactable Sites. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. For flash cookies, you can manage your privacy settings by visiting the Adobe Macromedia site, located here.

4. Third Parties

Third parties may receive information about you as follows:

1. Advertisers: We may allow third parties to use Cookies through the Websites or Services to collect the same type of information for the same purposes that Mahingan Healing does for itself. In doing so, Mahingan Healing adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, and Digital Advertising Alliance. Please note that opting out does not prevent the display of all advertisements to you. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common User Account identifier (such as an e-mail address), to facilitate the display of targeted advertising. You may be able to limit our sharing of some of this information through your mobile device settings, as described in Section 2 above.

2. Service Providers: We may rely on third-party providers to support or provide some of the features and options that are available through the Websites, Services, or Transactable Sites. We may also rely on third-party providers to perform certain services for us in connection with your use of the Websites or Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Websites or Services, promotional and contest features, Transactable Sites’ product listings and brand management, and other functions. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests. These third-party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third-party providers may also share this information with their subsidiaries, joint ventures, affiliates, partners, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third-party providers, while preserving the look and feel of the Websites or Services. In such cases, please note that the information you provide is being provided to the third party.

3. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers, brand managers, and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements, or certain products available in the Transactable Sites or the general characteristics of such users.

4. Business Transfers: We may share information from or about you with our subsidiaries, affiliates, partners, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Mahingan Healing or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information, as described in this Privacy Policy.

5. Businesses on Mahingan Healing: We may share information from or about you (such as your age and gender, your devices, and your use of the Websites, Services, and/or Transactable Sites (such as which businesses you bookmark or call)) with businesses listed on Mahingan Healing. You may adjust your settings to increase or decrease the amount of information we share. Keep in mind that businesses may see your Public Content (as defined in Section 2 above) and receive information about your transactions with them in the Transactable Sites, regardless of your settings. Additionally, if you make a phone call to a business through or in connection with your use of the Websites or Services, we may share basic information about your call with the business that you contacted, such as the date and time of your call and your phone number (and other information that would have been available to the business had you contacted them directly, and not through the Websites or Services). You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.

6. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with federal, state, or local legal process and legally binding law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Websites, Services, or Transactable Sites; or (c) protects our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public, such as disclosures in connection with our Consumer Alerts program. If you flag or otherwise complain to Mahingan Healing about content available through the Websites, Services, or items on the Transactable Sites, we may share the substance of your complaint with the contributor of that content or product in order to provide an opportunity for the contributor to respond and/or remedy the situation.

7. Links: The Websites or Services may contain links to unaffiliated third-party services. Except as set forth herein, we do not share your personal information with them and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third-party services. Some portions of the Websites and Services use the Google Maps API and this Privacy Policy therefore incorporates Google’s Privacy Policy by reference.

8. Sweepstakes, Contests and Promotions: We may sometimes offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Websites or Services that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including allowing the sponsor of the Promotion to use your name, voice, and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

  • Please       Note: If you agree to accept a Promotion from our third-party service       providers or any third-party merchant, then you will receive e-mails       separately from them and all information that you choose to disclose to       them will be subject to their individual and separate privacy policies.       If you later decide that you no longer want to receive their e-mails,       then you will need to follow their own specific opt-out instructions.       Following our directions for opting out of e-mail notifications and       disclosure of personal information will not opt you out of third-party       disclosures and related promotional communications.

5. Changes To Your Profile And E-Mail Preferences

We believe you should have the ability to access and edit the personal information you provide to us. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information that was provided as part of your registration with our Websites or Services. The Websites or Services may allow you to review, correct, or update personal information you have provided through the Websites or Services’ forms or otherwise. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, any public postings or other communications you have made on the Websites or Services such as in forums or blogs cannot generally be removed. When you edit your personal information or change your preferences on the Websites or Services, information that you remove may persist internally for our own administrative purposes.

You may cancel or modify the e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your User Account and changing your communication preferences. This will not affect subsequent subscriptions, and if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited. Subsequent or different subscriptions will remain unaffected. Please note that we reserve the right to send you certain communications relating to your User Account or use of our Websites or Services, such as administrative and service announcements, and these transactional User Account messages may be unaffected even if you choose to opt out from receiving our marketing communications.

For those users utilizing the Transactable Sites’ online ordering feature, you can review, change, or delete the information you have submitted. You may ask to have information on your User Account deleted or removed; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure, we “back up” the data stored on our systems, ensuring that such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your personal information will be completely removed from our backed-up or archived databases.

6. Data Retention And User Account Termination

After you have confirmed the closing of your User Account we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Websites, Services, or Transactable Sites or to comply with legal obligations. Please note that if a business is removed, and then reinstated at a later date, it will retain all of its previous reviews, ratings, and associated comments.

7. Customer Data

As part of using the Services, users may submit electronic data or information they possess about their customers to the Websites and/or Services (“Customer Data”) for various purposes, including hosting and processing purposes in connection with the Services. Customer Data may include personal information, including, but not limited to, the name, location, and e-mail address of such customer. Any uses of the Customer Data by Mahingan Healing are conducted pursuant and subject to the terms of Mahingan Healing’ Terms of Use and this Privacy Policy, or as required by law. If personal information pertaining to you as an individual has been submitted to us by a user of any of the Services as Customer Data and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the user (or his/her organization) directly. If an authorized user requests that we update or remove the Customer Data in question and the user has no ability to do so via use of the Services, we will acknowledge their request within 30 days. All inquiries relating to this Section 7 should be directed to us in accordance with Section 10 below.

8. Children Using The Websites or Services

The Websites or Services are intended for adults only and require that users be no less than eighteen (19) years of age. Please note that certain of the Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable terms and conditions for such Websites and Services for further information. Individuals under the age of eighteen (18) (or twenty-one (21) for applicable Websites and Services) are prohibited from creating a User Account and profile, accessing the Websites or Services, and/or purchasing products on the Transactable Sites. If you become aware that an underage user has created a User Account using false, stolen, or otherwise misleading information, please contact us immediately at customerservice@Mahingan Healing.com.

9. Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. This includes using Secure Sockets Layer (SSL) software, which is software that encrypts the information you input. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

To most efficiently serve you when placing orders through our Transactable Sites site, credit card transactions and order fulfillment are handled by established third-party banking managers, processing agents, and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order. Within the Transactable Sites, your information is kept on password-protected, limited access servers. Wherever possible and applicable, the Transactable Sites’ servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.

10. Contact Information

If you believe that Mahingan Healing has not adhered to this Privacy Policy, you may contact us via e-mail at privacy@Mahingan Healing.com.

11. International Data Transfer

If you are located outside of the United States, please be aware that information we collect, including, but not limited to, personal information, will be transferred to, and processed, stored, and used within the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Websites or Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing, and storage of your information, including personal information, in the United States as set forth in this Privacy Policy.

Please note that we take the privacy of our users seriously and therefore take steps to safeguard your personal information, including assuring an adequate level of data protection in accordance with international standards. If you would like additional information about your personal data and its use in connection with the Websites and Services, including revising any incorrect information, please contact the Data Privacy Manager at the address in Section 10 above. We will take such steps as we deem necessary to confirm your identity before sharing any personal data with you. We will attempt to respond to proper and confirmed requests relating to personal data within thirty (30) days, or as otherwise required by applicable law. If you are not satisfied with the way your request was handled, you may refer your request to your country’s data management authority. In the European Union, any such request should be directed to the Data Protection Authority in your EU Member State.

12. California Residents: Your California Privacy Rights

California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at the number on this website.

13. Do Not Track

Mahingan Healing does track its customers over time and across third-party websites to provide intelligent advertising, and does not respond to Do Not Track (“DNT”) signals. In addition, some third-party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. Please review your web browser’s internet options for more details.


Term of Service:


  

1. General Statements On Terms and Additional Terms

These Terms of Use (hereinafter, these “Terms”) are a legally binding contract between NPI Cyber Risk Management Inc., or its applicable affiliate that owns or controls the applicable Website or provides the applicable Services that you may be accessing or using (“Mahingan Healing”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand. Your acceptance of these Terms is an express condition of, and governs your access to and use of, Mahingan Healing’ (a) websites, portals, mobile applications, channels, and software, including Mahingan Healing.com, and (b) social media pages and channels (collectively, the “Websites”), including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the “Services”). If you do not accept and agree to these Terms, you may not access or use any of the Websites or Services or create an account or user profile.

Certain areas of the Websites and Services (and your access to or use therein) may have different terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites and Services (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the applicable Website or Services and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a specific Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website or Service.

2. Privacy Statement

By accessing or using the Websites or Services, you agree that the Mahingan Healing Privacy Policy (which may be updated from time to time) governs Mahingan Healing’ collection and use of your personal information. Registration data and certain other information about you is subject to our Privacy Policy. For more information, please make sure that you review our Privacy Policy. You understand that through your access or use of the Websites and any Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of information to the United States and/or other countries for storage, processing and use by Mahingan Healing.

3. Changes to the Terms, Additional Terms, and Privacy Statement

We may make changes to these Terms, the Additional Terms, or our Privacy Policy from time to time. When we make material changes to these Terms, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending a push notification or in-app notification, (iii) by prominently posting a notice of the changes on the Websites, or (iv) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Websites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

4. Eligibility

The Websites and Services are intended solely and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. You may be asked to verify that you are over the applicable age limit during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.

If you are using the Websites or Services on behalf of a business, you represent that you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, and any other related or pertinent agreements. The applicable business agrees to hold harmless and indemnify Mahingan Healing and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Websites or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your user ID.

5. Electronic Communications

By accessing or using the Websites or Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Using The Services

User Registration and Accounts

In order to access or use some of the Websites or Services, you must first register and create an individual profile for yourself or a business for such Website or Service (each a "User Profile" – future releases after July 4, 2019)

By creating a User Profile, you agree that:

  1. You will not      register a username (or email address) that (a) is already being used by      someone else; (b) may impersonate another person: (c) belongs to another      person; (d) violates the intellectual property or other right of any      person or entity; or (d) is offensive. We may reject the use of any      password, username, or email address for any reason in our sole      discretion;
  2. You will      provide true, accurate, current, and complete registration information      about yourself in connection with the registration process and, as      permitted, to maintain and update it continuously and promptly to keep it      accurate, current, and complete. If you provide any information that is      untrue, inaccurate, outdated, or incomplete, Mahingan Healing may suspend      or terminate your account and refuse you any and all current or future      access to or use of the Websites and Services (or any portion thereof). If      you fail to update your information in a timely manner, then Mahingan      Healing has reasonable grounds to suspect that such information is untrue,      inaccurate, outdated or incomplete, which will allow Mahingan Healing to      suspend or terminate your account and refuse you any and all current or      future access or use of the Websites and Services (or any portion      thereof).
  3. You will not      post libelous content or create false or misleading reviews or posts;
  4. You are      solely responsible for all activities that occur under your account,      password, and username—whether or not you authorized the activity;
  5. You are      solely responsible for maintaining the confidentiality of your password      and the other Protected Information (as defined below) and for restricting      access to your account so that others may not access any      password-protected portion of the Websites or Services using your      Protected Information;
  6. You will      immediately notify us of any unauthorized use of your Protected      Information, or any other breach of security;
  7. You will not      sell, transfer, assign, or provide a copy of, your account, account      rights, user ID, password, API keys, menu embed code, or other credentials      or access rights (the “Protected Information”) for any of the      Websites or Services to any other person or entity. You must keep all of      the Protected Information in strict confidence;
  8. You will not      share or allow any third party to utilize your account on your behalf or      on a time share basis;
  9. You will not      create more than one account unless specifically authorized to do so; and
  10. You will not      use Protected Information of others.

Mahingan Healing is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, the Privacy Policy, or any applicable law, then we may suspend or terminate your account, User Profile, and access to and use of the Websites and Services at our sole discretion and without advance notice or liability.

Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. The menu embed feature we provide to clients may only be used on a client’s own website or application, and the applicable code may not be altered in any manner (including by removing any Mahingan Healing branding). We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. Mahingan Healing assumes no responsibility or liability for any issues, problems, or Content on your User Profile.

User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. Mahingan Healing does not review each User Profile to determine if it was created by an appropriate party. In addition, Mahingan Healing is not responsible for any unauthorized User Profiles that may appear on the Services. 

User Content

For purposes of these Terms, (a) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media, (b) “User Content” means Content that users submit or transmit to, with the Websites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts or Services, comments, and information that such user publicly displays or displayed in its User Profile, and including any electronic data or information with respect to a User’s customers, (c) “Mahingan Healing Content” means Content that we create or is otherwise owned by us that we make available in connection with the Websites or Services, (d) “Third Party Content” means Content that originates from parties other than Mahingan Healing or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us, and (e) “Website Content” means all of the Content that is made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below)), and Mahingan Healing Content.

By submitting User Content, you represent, warrant, and covenant:

  1. That you      own, or have the necessary licenses, rights, consents, and/or permissions,      and authorize Mahingan Healing, its applicable affiliates, the Websites,      the Services, and all users thereof, to use such User Content as necessary      to exercise the licenses granted by you hereunder (including with respect      to all patent, trademark, trade secret, copyright, or other intellectual      property or proprietary rights to your User Content, and to any other      works that you incorporate into your User Content);
  2. That you are      entirely responsible for anything you submit to the Websites or Services      and agree that Mahingan Healing does not have to post or keep posted      anything you provide. Once posted on the Websites or on the Internet, it      is not always possible to remove, especially if multiple copies exist.      When User Content is uploaded to the Websites or Services, or posted on      any social media platforms with a tag or reference to Mahingan Healing,      you give Mahingan Healing complete permission to make it available in      multiple forms, including, without limitation, on any of our social media      accounts, email newsletters, or any digital or print promotional      materials. If any of your User Content is acquired and used by a third      party in a way that violates these Terms, any Additional Terms, or the      Privacy Policy, you agree that Mahingan Healing can take legal action      against the third party and that Mahingan Healing shall not be obligated      to distribute any recovered sums to you that may be obtained in connection      with such legal proceedings;
  3. That the      creation, distribution, transmission, public display and performance,      accessing, downloading, and copying of your User Content does not and will      not infringe the proprietary rights or otherwise cause injury to any other      person or entity, including any such person or entity using the Websites,      Services, or otherwise, and that Mahingan Healing is under no obligation      to post any User Content that you provide and reserves the right to post      our own versions of your User Content as Mahingan Healing Content in our      sole discretion;
  4. To fully      assign Mahingan Healing the right to pursue enforcement of copyright,      trademark, trade secret, and other intellectual property related claims      against third parties that have, without receiving proper authorization,      and in violation of these Terms, any Additional Terms or the Privacy      Policy, scraped, manipulated, copied, derived, distributed, or otherwise      improperly or illegally used and benefited from User Content that has been      provided to Mahingan Healing by you;
  5. That you      have the written consent, release, and/or express permission of each and      every identifiable person in your User Content to use such person’s name,      likeness, and/or other identifiable information in your User Content for      any use permitted by these Terms, any Additional Terms, and the Privacy      Policy;
  6. That you      will not post, transmit, broadcast, or otherwise make available any User      Content that is unlawful, misleading, harmful, bigoted, offensive,      profane, insensitive, obscene, lewd, lascivious, filthy, violent,      tortious, libelous, slanderous, pornographic, threatening, abusive,      harassing, tortious, defamatory, vulgar, invasive of another’s privacy or      publicity rights, hateful, or racially, ethnically, or otherwise      objectionable (hereinafter, “Offensive Content”);
  7. That you are      at least of legal age, being no less than eighteen (18) years old (or      twenty-one (21) years old, as applicable), and you acknowledge that      persons under legal age may not submit User Content to Mahingan Healing,      the Websites, or the Services; and
  8. That Mahingan      Healing may, in its sole discretion, monitor the User Content you submit      and any other communications that you may have, but is under no obligation      to do so.

By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, you User Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

License to User and Third Party Content/Data

As between you and Mahingan Healing, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Websites or Services. However, by submitting your User Content, you hereby grant Mahingan Healing and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:

  1. To host,      cache, store, archive, index, crawl, create algorithms based on, modify,      or transcode your User Content to media formats, standards, or mediums in      any and all forms and by whatever means whether now known or hereinafter      devised or created, and to exploit any and all allied, ancillary, and      subsidiary rights relating thereto and derived therefrom;
  2. To use,      license, sell, digitize, stream, store, distribute, exhibit, reproduce,      commercialize, publicize, display, modify, adapt, edit, excerpt,      communicate, translate, analyze, remove, prepare derivative works and      compilations of, compress, transmit, integrate, insert, market, and      promote your User Content in any and all forms and media and by whatever      means whether now known or hereinafter devised or created, and to exploit      any and all allied, ancillary, and subsidiary rights relating thereto and      derived therefrom;
  3. To use your      User Content, in whole or in part, for advertising, promotional, or      commercial purposes, including without limitation, the right to publicly      display, reproduce, and distribute your User Content in any and all forms      and media and by whatever means whether now known or hereinafter devised      or created, and to exploit any and all allied, ancillary, and subsidiary      rights relating thereto and derived therefrom; and
  4. To grant any      rights or licenses to any third parties to do any of the foregoing in the      above clauses (a) – (c) in connection with their own websites and media      platforms.

You irrevocably waive, and cause to be waived, against Mahingan Healing and its users, any claims and assertions of moral rights or attribution with respect to your User Content.

Mahingan Healing does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by using the Websites and Services, you may be exposed to a small portion of Offensive Content that may be unpleasant, indecent, or objectionable to some viewers. Under no circumstances will Mahingan Healing be liable in any way for any such Offensive Content, including, but not limited to, any errors or omissions in any Offensive Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted, transmitted, broadcast, transferred, or otherwise made available via Mahingan Healing, the Websites, Services, or any related process or venue.

You hereby grant Mahingan Healing the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our APIs by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of Mahingan Healing or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by Mahingan Healing shall be owned exclusively by us.

Social Media

Mahingan Healing may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.

Delivery and Pick-Up Orders

Mahingan Healing may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products through third-party, unaffiliated vendors (“MH Orders”). MH Orders is a third-party online marketplace platform for customers (“Customers”) to transmit such orders with participating vendors (the “Retailers”). MH Orders provides order transmission services only and serves purely as a communications medium. MH Orders is not a merchant of cannabis-related products, or provider of any pick-up or delivery services in connection therewith, and does not control the Retailers or the production of any cannabis-related products, or any pick-up or delivery services in connection therewith.

The Retailers have entered into agreements with Mahingan Healing or its applicable affiliate where they have made representations that they currently are compliant with applicable law and will comply with applicable law in their use of MH Orders. Mahingan Healing and its affiliates do not in any way independently verify the credentials or representations of any of the Retailers, the authenticity or quality of any of their products or services, or any Retailer’s compliance with applicable law.

Customers using MH Orders must make themselves comfortable through the information provided by the Retailers on the Websites, by contacting the Retailers directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Retailers and the Retailers’ compliance with applicable law. Mahingan Healing, including the Websites and the Services, do not in any way guarantee the quality of any Retailer or any cannabis-related product, or any pick-up or delivery service in connection therewith, or any Retailer’s compliance thereof with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. Mahingan Healing and its affiliates do not investigate or verify any such statements. Furthermore, any such statements have not been evaluated by the Food and Drug Administration. Mahingan Healing and its applicable affiliates make no claims meant to diagnose, treat, or cure any disease or medical condition. Customers should consult their doctor before starting any treatment or using any cannabis-related product during pregnancy or if they have a serious medical condition. Mahingan Healing and its affiliates shall not be liable or responsible for any cannabis-related products, or any other services, offered by the Retailers or any errors or misrepresentations made by them (including on the Websites and through MH Orders or other Services).

User Representations, Warranties, and Covenants Regarding Orders

By using MH Orders, you represent, warrant and covenant that: (1) you will upload and maintain in your User Profile a valid, unexpired government-issued identification card and, if you will be ordering medical cannabis, a recommendation for medical cannabis that is valid in the applicable jurisdiction in which you place an order via MH Orders, and that (2) your use of the Websites and the Services, including MH Orders, does not violate any applicable state or local law, including any legal requirements for orders you place through MH Orders. Upon delivery or pick-up, as applicable, you agree to present a government-issued identification card evidencing your age as well as your original recommendation if you order cannabis. If you do not comply with these terms regarding MH Orders, you agree that cannabis products may not be released to you by the applicable Retailer, and you may forfeit the cost of such products.

Employee Participation in Orders

Employees of Mahingan Healing or any of its affiliates are permitted to use the Websites and the Services in their personal capacity (i.e., not as employees, representatives, or agents of Mahingan Healing or any of its affiliates) in the transactions conducted through the Websites or Services. Employees of Mahingan Healing or any of its affiliates, when participating in any transaction in their personal capacity, are subject to the same procedures and guidelines contained in the Terms, Additional Terms, or Privacy Policy as any buyer or seller on the applicable Website.

Third Party Materials

The Website or Services might display, include, or make available Third-Party Content (including data, information, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Mahingan Healing is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Mahingan Healing does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

The Website or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. Mahingan Healing displays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website or Services. The Offeror, and not Mahingan Healing, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.

Indemnity and Release

You agree to indemnify and hold Mahingan Healing (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (i) your use or misuse of the Websites or Services, (ii) your User Content, (iii) your violation of these Terms, any Additional Terms, or the Privacy Policy, or (iv) your violation of applicable laws or regulations. Mahingan Healing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Mahingan Healing. Mahingan Healing will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

If there is a dispute between users of the Websites or Services, including between Customers and Retailers (each, a “Dispute”), you understand and agree that Mahingan Healing and its affiliates (including the Websites and the Services, including MH Orders) are under no obligation to become involved in such Dispute.

You hereby release and forever discharge Mahingan Healing (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

7. Ownership; Proprietary Rights

As between you and Mahingan Healing, you own your User Content. We own the Mahingan Healing Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites but excluding User Content and Third-Party Material. We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Mahingan Healing Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark laws, and all other applicable intellectual property and proprietary rights and laws. As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Mahingan Healing Content, Websites, or the Services or any of the IP Rights of Mahingan Healing, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Websites and the Mahingan Healing Content are retained by us.

8. Copyright Infringement

It is Mahingan Healing' policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, Mahingan Healing will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.

If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to Mahingan Healing in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, Mahingan Healing will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.

DMCA Notice of Alleged Infringement ("Notice")

  1. Identify the      copyrighted work that you claim has been infringed, or – if multiple      copyrighted works are covered by this Notice – provide a comprehensive      list of the copyrighted works that you claim have been infringed.
  2. Identify the      material that you claim is infringing (i.e. the material you want removed,      or material that you want all access disabled to) and provide information      reasonably sufficient to permit us to locate the material, including at a      minimum, if applicable, the URL of the link shown on the Websites where      such material may be found.
  3. Provide your      mailing address, telephone number, and, if available, email address.
  4. Include both      of the following statements in the body of the Notice:
    • "I       hereby state that I have a good faith belief that the disputed use of the       copyrighted material is not authorized by the copyright owner, its agent       or the law."
    • "I       hereby state that the information in this Notice is accurate and, under       penalty of perjury, that I am the owner, or authorized to act on behalf       of the owner, of the copyright or of an exclusive right under the       copyright that is allegedly infringed."

  1. Provide your      full legal name and your electronic or physical signature.
  2. Deliver this      Notice, with all above items completed, to Mahingan Healing:
        NPI
        Legal Department
        Suite 347 793 Center St
        Lewiston, NY 14092

     

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.

9. Limited License

Subject to your compliance with these Terms, any Additional Terms, and the Privacy Policy, Mahingan Healing grants you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to access and make personal and non-commercial use of the Websites and Services. This license does not include (i) any resale or commercial use of the Websites or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or Mahingan Healing client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Websites or Services or Website Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms, any Additional Terms, or the Privacy Policy are reserved and retained by Mahingan Healing. You may not use any meta-tags or any other “hidden text” utilizing Mahingan Healing’ name or trademarks or other IP Rights without the express written consent of Mahingan Healing. The licenses granted by Mahingan Healing shall immediately terminate should you fail to comply with these Terms, any Additional Terms, or the Privacy Policy.

Subject to these Terms, any Additional Terms, and the Privacy Policy, Mahingan Healing grants you a non-transferable, non-exclusive license to install and use the software Mahingan Healing makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App (“App Platform”). You acknowledge that these Terms concern you and Mahingan Healing, and not the App Platform. Mahingan Healing, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). Each App Platform may have Additional Terms to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon, your compliance with all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform.

10. Links

The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that Mahingan Healing is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mahingan Healing of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.

Some portions of the Websites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.

11. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Websites or Services. In connection with your access or use of any of the Websites or Services, you may not and will not:

  1. upload,      post, transmit, broadcast or otherwise make available any Offensive      Content, including any User Content that is unlawful, libelous, defamatory      or otherwise objectionable;
  2. breach or      circumvent any laws, third-party rights or our systems, policies, or      determinations of your account status;
  3. review the      information and data on our Websites, and/or utilize our Services if you      are not able to form legally binding contracts (for example, if you are      under the age of 18), or are temporarily or indefinitely suspended from      using our Websites or Services;
  4. upload,      post, transmit, broadcast, sell, transfer or otherwise make available any      User or Website Content that is inauthentic, counterfeit, or that you do      not have a right to make available under any law or under contractual or      fiduciary relationships (such as inside information, proprietary and      confidential information learned or disclosed as part of employment      relationships or under nondisclosure agreements);
  5. register for      more than one User Profile on any of the Websites, or register for a User      Profile on behalf of an individual other than yourself, or a company that      you are not authorized to represent or legally bind to a contract;
  6. manipulate      the price of any item or interfere with any other user's listings,      reviews, and products;
  7. take any      action that may undermine the feedback or ratings systems of the Websites      or Services;
  8. transfer      your User Profile to another individual or entity without our prior      written consent;
  9. distribute,      promote, advertise, or post spam, unsolicited or bulk electronic      communications, chain letters, pyramid schemes or any related content;
  10. interfere      with or disrupt any Website processes, servers or networks supporting the      Websites and/or Mahingan Healing;
  11. impair or      harm any of our computer or related systems or transmit software viruses,      worms, or other damaging files;
  12. use any      robot, spider, scraper, survey, monitor or other automated or similar      means to access any web page or other asset contained in the Websites,      Services or Website Content for any purpose;
  13. bypass our      robot exclusion headers, interfere with the working of our Services,      features or tools, or impose an unreasonable or disproportionately large      load on our infrastructure;
  14. export or      re-export any Mahingan Healing' application or tool except in compliance      with the export control laws of any relevant jurisdictions and in      accordance with all relevant posted rules and restrictions;
  15. insult,      threaten, stalk, harass, mislead or deceive other users of the Websites or      Services, or in any way promote the discrimination or defamation of other      users, or create any other objectionable material;
  16. intentionally      or unintentionally violate any applicable local, state, national or      international law, rule or ordinance, including, but not limited to,      regulations promulgated by the U.S. Copyright Office, U.S. Patent and      Trademark Office, U.S. Securities and Exchange Commission, the Internal      Revenue Service, the European Enforcement Directive of 2004, or any rules      of any national or other securities exchange, including, without      limitation, the New York Stock Exchange, the American Stock Exchange or      the NASDAQ, and any other regulations and/or guidelines having the force      of law;
  17. provide      material support or resources (or to conceal or disguise the nature,      location, source, or ownership of material support or resources) to any      organization(s) designated by the United States government as a foreign      terrorist organization pursuant to section 219 of the United States      Immigration and Nationality Act.
  18. refuse to      acknowledge that Mahingan Healing may establish general practices and      limitations concerning use of the Websites and Services, including without      limitation restrictions concerning User Content provided by You for use on      the Websites and Services, the type and quantity of transactional data      stored and presented in connection with your account, the maximum disk      space that will be allotted on Mahingan Healing' servers on Your behalf,      and the maximum number of times (and the maximum duration for which) You      may access the Websites and Services in any given period of time;
  19. export any      Website Content out of the jurisdiction in which it is intended or      displayed;
  20. access the      Websites or Services in order to build a similar or competitive Website or      Service;
  21. send      electronic transmissions (including but not limited to interactive      monetary offers, audio-video communications, email, search queries, chat      and other Internet activities) as interstate communications;
  22. circumvent      any technical measures we use to provide Services; or
  23. assist any      third party with any of the foregoing: You fully understand, acknowledge      and agree that Mahingan Healing may, under certain circumstances and      without prior notice, immediately terminate your Mahingan Healing User      Profile and access to the Websites, Services and any other related or      affiliated applications, functions and tools. Cause for account      termination or suspension shall include, but not be limited to: (1)      breaches or violations of these Terms or other incorporated agreements,      guidelines, or rules; (2) requests by law enforcement or other local,      state or federal government agencies or divisions; (3) any attempts to      breach our security, private accounts or other protected content on the      Websites; (4) discontinuance or significant modification to the Websites      or Services, or any related or affiliated website owned and/or operated by      Mahingan Healing (or any part thereof); (5) unforeseen technical,      electronic, mechanical or any other difficulties or security issues; (6)      prolonged inactivity of Your account, which shall be determined by Mahingan      Healing; (7) knowing, willing and/or negligent engagement by you in any      form of deceitful, fraudulent, counterfeit or illegal activities; and/or      (8) failure by you, or by your representatives, to pay, in full, any fees      owed by you in connection with the Websites or any related or affiliated      Service, business or website. Termination of a User Profile will deny you      access to our Services, delay or remove User Content that you submitted or      commented on, remove any special status associated with your account(s),      remove and demote listings, reduce or eliminate any discounts or special      offers, and take technical and/or legal steps to prevent you from using      our Websites and Services in the future. Mahingan Healing has the right to      investigate and prosecute violations of any of the above to the fullest      extent of the law.

12. Review/Feedback Policy

An important part of the Mahingan Healing community is the feedback system. Users have the ability to leave reviews and comments, and we want that process to be as open as possible. Part of that openness is acknowledging that certain behaviors are not acceptable. Mahingan Healing retains the right to remove any content posted on or submitted through any of its Websites or Services. However, the only User Content likely to be removed is that which violates these Terms, any Additional Terms, or the Privacy Policy, or the rules or guidelines on the applicable Website or Service regarding reviews, comments, feedbacks and other User Content (the “Review Policies”). Please note, the Review Policies of each Website or Service may differ. Please consult the relevant Website or Service to learn about its applicable Review Policy.

Please note, Mahingan Healing is under no obligation to enforce these Terms, any Additional Terms, or the Privacy Policy or any of the Review Policies on your behalf against another user. While Mahingan Healing encourages you to let us know if you believe another user has violated these Terms, any Additional Terms, or the Privacy Policy, or any of the Review Policies, we reserve the right to investigate and take appropriate action at our sole discretion.

13. Disclaimer of Warranties

YOU EXPRESSLY ACKOWLEDGE, UNDERSTAND AND AGREE THAT:

  1. YOUR ACCESS      TO AND USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN RISK. THE WEBSITES      AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS      AVAILABLE" BASIS. MAHINGAN HEALING AND ITS AFFILIATES, OFFICERS, DIRECTORS,      MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND      AGENTS 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, OR      ANY OTHER POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.
  2. MAHINGAN      HEALING AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS,      OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS MAKE NO GUARANTEE      OR WARRANTY THAT: (1) THE WEBSITES AND SERVICES WILL SATISFY YOUR NEEDS      AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE      WEBSITES AND SERVICES, AND ALL AFFILIATED WEBSITES, FEATURES, SERVICES,      COMMUNICATIONS, AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED,      TIMELY, SECURE, OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION,      CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR      CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION, DATA, OR      RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE      ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY      SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES,      PRODUCTS, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU      THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT      ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED,      AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE, OR      PROTOCOLS WILL BE CORRECTED OR RESOLVED.
  3. ANY PRODUCT      OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE      WEBSITES AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU      WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR      COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR      DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH PRODUCT,      MATERIAL, APPLICATION, FEATURE, OR OTHER PROGRAM.
  4. NO ADVICE OR      INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES, OR RELATED      CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAHINGAN HEALING OR      FROM THE WEBSITES, SERVICES, OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE      ANY WARRANTY, GUARANTEE, OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.
  5. VETTING BY MAHINGAN      HEALING OF EACH AND EVERY DOCUMENT, PHOTOGRAPH, VIDEO, REVIEW, RELATED      MEDIA, POSTING, OR OTHER COMMUNICATION, IN ADDITION TO ANY OTHER CONTENT      POSTED VIA THE WEBSITES OR SERVICES, MAY NOT BE POSSIBLE OR REALISTICALLY      PRACTICABLE. AS A RESULT, MAHINGAN HEALING CANNOT AND DOES NOT CONTROL ANY      LISTING REVIEWS, COMMENTS, PHOTOGRAPHS, OPINIONS, POSTINGS, OR OTHER      CONTENT OR MATERIAL POSTED VIA THE WEBSITES OR SERVICES AND, AS SUCH, DOES      NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY,      MORALITY, AND/OR AUTHENTICITY OF SUCH CONTENT, THE TRUTH OR ACCURACY OF      USERS’ CONTENT, THE ABILITY OF LISTINGS TO CONFIRM PRODUCT AVAILABILITY OR      PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM USING OR      PURCHASING SPECIFIC PRODUCTS DISCUSSED OR SOLD ON THE WEBSITES OR      SERVICES.

14. Limitation Of Liability

  1. MAHINGAN      HEALING IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO      ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT, AND NETWORK, AND      OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED      BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF MAHINGAN HEALING’ CONTROL. YOU      ACKNOWLEDGE, EXPRESSLY UNDERSTAND, AND AGREE THAT MAHINGAN HEALING AND ITS      SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS,      LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,      INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR      OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF      OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT,      DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MAHINGAN HEALING HAS BEEN      ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE      OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) THE COST TO      PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,      INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS,      POSTINGS, COMMENTS, OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS      ENTERED INTO VIA THE WEBSITES OR OTHER AFFILIATED OR RELATED WEBSITES OR      SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS      OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; (5)      THE FAILURE OF THE NETWORK OR WEBSITES TO TIMELY PROCESS AN OFFER; OR (6)      ANY OTHER MATTER RELATING TO THE WEBSITES, ANY MAHINGAN HEALING AFFILIATED      OR RELATED SERVICES, FEATURES OR APPLICATIONS, OR ANY OTHER MAHINGAN      HEALING OWNED OR OPERATED ENTITY. FURTHER, MAHINGAN HEALING IS NOT A PARTY      TO ANY SUCH TRANSACTIONS MADE BETWEEN LISTING CLIENTS AND USERS, AND MAHINGAN      HEALING SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS,      COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER      INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS,      PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE      WEBSITES OR SERVICES.
  2. TO THE      EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY      FOR ANY CLAIMS UNDER THESE TERMS, ANY ADDITIONAL TERMS, OR THE PRIVACY      POLICY IS LIMITED TO THE GREATER OF (1) THE AMOUNT OF FEES IN DISPUTE NOT      TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO      THE ACTION GIVING RISE TO THE LIABILITY; OR (2) $100.
  3. SOME STATES,      COUNTIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN      WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL,      CONSEQUENTIAL, OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF      THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Choice Of Law; Venue; No Jury Trial

The laws of the state of Florida, excluding Florida’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services. All claims arising out of or relating to these Terms or any of the Websites or Services will be litigated exclusively in the federal or state courts of Pasco County, Florida, and you and Mahingan Healing consent to personal jurisdiction in those courts.

16. Entire Agreement

These Terms, in addition to any applicable Additional Terms and the Privacy Policy and any other agreements between you and Mahingan Healing with respect to the Websites or Services, constitute the entire and exclusive understanding and agreement between Mahingan Healing and you regarding the Websites and Services, and these Terms supersede and replace any and all prior Terms of Service or Terms of Use for any of the Websites or Services.

17. Reservation of Rights

The failure of Mahingan Healing to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mahingan Healing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

18. Third-Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Mahingan Healing.

19. Support or Maintenance

You acknowledge and agree that Mahingan Healing will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.

20. United States Export & Foreign Assets Control Regulations

We do not represent that the materials in the Website or Services are appropriate or available for use in any particular location. Those who choose to access the Website or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.

21. Severability

If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.

22. No Right Of Survivorship And Non-Transferability

You agree that your Mahingan Healing account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.

23. Captions

The section titles in these Terms are for convenience only and have no legal or contractual effect.

24. Contact Us

For questions about the Mahingan Healing Websites or any of the Services we provide, please feel free to contact our Customer Service department at the phone number provided on this website.


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Privacy Policy & Terms of Service