TERMS AND CONDITIONS
These Terms are a binding agreement.
Insightful Living, LLC (together with its affiliates, and specifically including Celestine Vision, LLC (“CV LLC”), “Insightful Living”, “we” or “us”) is pleased to make this website available to you. Your access to and use of this website (and any other websites maintained by Insightful Living) are subject the following Terms and Conditions, which incorporate our separately posted Privacy Statement and other policies, as well as any modifications to such policies, and all applicable laws and regulations (the “Terms”). If any area within or feature offered by this website contains specific terms and conditions concerning its use, those specific terms and conditions are in addition to and made a part of these Terms. If there is a direct conflict between such separately posted policies or specific terms and conditions and these Terms, those separately posted policies or specific terms and conditions shall govern.
By using this website, you are agreeing to these Terms, which are a legal agreement between you and Insightful Living. Please read these Terms carefully before using this website. If you do not accept these Terms in their entirety, do not access or use this website.
As a condition of your use of this website, you confirm that you are of legal age to form a binding contract and are not a person barred from agreeing to these Terms or using this website under the laws of the United States or any other jurisdiction. If you are using this website on behalf of any business entity, you confirm that you have the authority to bind the entity to these Terms.
We may change these Terms at any time.
We reserve the right to modify these Terms or to impose new terms and conditions with respect to this website at any time and from time to time without prior notice. Any changes will be effective and binding as soon as we give notice of them, whether or not you have read them. We may give notice by any means, including (but not limited to) posting the modified Terms or additional terms and conditions on this website. All users of this website or other Insightful Living services should review these Terms periodically and before any use of the website. You agree that you shall be deemed to be on notice of and bound by any modifications or additions by Insightful Living to these Terms if you use or access this website or any other Insightful Living website after you are given notice of any modifications or additions, including notification by posting on this website. No purported modification to these Terms by any person other than Insightful Living shall be valid or enforceable against Insightful Living unless we have expressly agreed to by such modification in a writing signed by a duly authorized officer of Insightful Living.
All Content on this website is the responsibility of its creator(s).
This website contains or links to information, data, text, music, sound, photographs, images, graphics, videos, messages, logos or other materials (collectively, “Content”) created by Insightful Living, by users of this website or by CV LLC or other third parties, including advertisers. All such Content, whether publicly posted on this website (including any advertisements, forums, communities or other public areas) or privately transmitted through this website (whether to us, to other users or to third parties), is the sole responsibility of the person from whom such Content originated. Under no circumstances will Insightful Living or its affiliates be liable in any way for any Content posted by users or other third parties, including, but not limited to, liability for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, listed, emailed, transmitted or otherwise made available via this website. Insightful Livingi does not guarantee the accuracy, completeness, integrity or quality of such Content.
You may not post any Content on this website (or consummate any transaction that was initiated using this website) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark, other intellectual property rights, trade secrets or any other rights of another party. Furthermore, you agree that you will not use this website or our services or applications for chain letters, junk mail, “spamming” or commercial solicitations or to send any message or Content that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) contains viruses or other features that might contaminate or destroy this website; or (c) otherwise gives rise to liability or violates any other applicable law.
Except as otherwise expressly provided in these Terms (including our Privacy Statement), any communication or Content you post or list on this website or transmit to Insightful Living by electronic mail or otherwise is and will be treated as non-confidential and non-proprietary. By posting Content on this website, you grant Insightful Living a non-exclusive, royalty-free license to use such Content for any purpose related to this website.
Nothing on this website constitutes legal, medical or other professional advice.
This website is intended for general informational purposes only. No Content provided on or through this website is intended to constitute legal, medical or other professional advice, and your use of this website does not create any attorney-client, physician-patient, therapist-patient or other professional relationship. If you wish to form a professional relationship with any Content provider or other person that you have communicated with on or through this website, you will need to contract directly with that person, and Insightful Living is not involved with and has no control over or responsibility for the terms of any such professional relationship.
Insightful Living is not a “covered entity” or a “business associate” as such terms are used in the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1969 and the regulations thereunder, as in effect from time to time (“HIPAA”). Accordingly, any transmission of “individually identifiable health information” or “protected health information”, as those terms are defined under HIPAA, through this website is not protected by HIPAA or, to our knowledge, by the laws of any state or other jurisdiction. You should not share any confidential information relating to your health or the health of any third party through this website with the expectation that such information will be private or secure from discovery.
We may modify our Content at any time.
We may change, delete or update any Content that we post at any time and without prior notice. Content we post is provided for informational purposes only and is not binding on Insightful Living in any way except to the extent it is specifically indicated to be binding. You are strictly prohibited from any use of Content that we post, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by an authorized officer of Insightful Living.
We retain all intellectual property rights to our Content.
Unless otherwise noted, Insightful Living or our affiliates own or license all Content we post, and the compilation thereof, on this website, including, without limitation, all copyrights, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the website.
“Celestine Vision” and any Celestine Vision logos used on this website are trademarks of CV LLC and are used pursuant to a license granted by CV LLC to Insightful Living. The names of other companies, products and services referenced on this website may be the trademarks of their respective owners.
We may reproduce and republish user reviews, comments and similar Content that you post.
If you choose to post reviews, comments, endorsements or similar Content on this website (or any other Insightful Living website), you grant Insightful Living a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant Insightful Living and sublicensees the right to use the name that you submit in connection with such Content, if they choose.
You have a limited license to view and use this website and its Content.
You may only use this website to view Content posted on this website, to participate in communities or forums maintained on this website, and to obtain information on or related to products or services offered through this website. You may not reproduce, copy, modify, transmit, display, publish, sell, license, transfer create derivative works, perform or distribute or otherwise make available to any information service or other third party, by any means, method or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through this website, including without limitation by transferring, downloading or otherwise copying any such Content onto any storage medium. You may not scrape the website or otherwise make any use of data mining, robots, or similar data gathering and extraction tools. Notwithstanding the foregoing, you may print, download or otherwise make a reasonable number of copies of information from this website, provided such copies are for your internal use only and are not distributed to any third parties for commercial purposes or financial gain, and provided further that in each such copy you retain intact all copyright and other proprietary notices contained in such information.
There are specific rules and policies that govern your use of our online Community.
We maintain a social community and learning area that includes, or may include, live chats, message boards, forums, and similar interactive experiences (the “Community”). The Community is subject to these Terms generally, but there are also some specific rules and policies that govern your use of the Community.
- By registering as a member of the Community, accessing the Community or otherwise navigating to or viewing Content on the Community, you represent and warrant to Insightful Living that you are at least 21 years old. You acknowledge and agree that participation in the Community and Content posted in the Community are not intended for persons younger than 21 and that Insightful Living is relying on this representation and warranty in accepting your registration for and/or membership in the Community and in allowing you to access Content posted in the community.
- You are responsible for the security of your Community Account. In order to participate in the Community, you may be required to create a personal account (your “Community Account”) and provide us with a username, password and certain other information about yourself. You are solely responsible for the information associated with your Community Account and anything that happens related to your Community Account. You must maintain the security of your Community Account and promptly notify us if you discover or suspect that someone has accessed your Community Account without your permission. We recommend that you use a strong password that is used only with your Community Account. You agree that you will not license, sell, or transfer your Community Account.
- You are responsible for any Content you contribute to the Community, but you grant us certain rights with respect to that Content. By submitting your Content to the Community, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to your Content contained within these Terms. Because you alone are responsible for your Content, you may expose yourself to liability if you post or share Content without all necessary rights. You retain any ownership rights you have in your Content, but you grant us the following license to use that Content: When your Content is created with or submitted to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us. You also agree that we may remove metadata associated with your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Content.
- We may remove any or all of your Content. Although we have no obligation to screen, edit or monitor your Content, we may, in our sole discretion, delete or remove your Content at any time and for any reason, including for a violation of these Terms, a violation of our other published policies, or if we determine in our discretion that you or your Content may otherwise create liability for us.
- We do not control what other users or third parties may do with Content you provide. Although we will take reasonable steps to ensure that Content that is exclusively contained within the Community is secure from access by persons who are not members of the Community, it is possible that current or former members of the Community or other third parties may access, copy, modify and/or distribute your Content outside of the Community, even if that is in violation of these Terms. We are not responsible for any such actions or for taking any action against anyone who commits such a violation. You should not post Content in the Community with the expectation that it will remain completely private or secure.
- Your membership in the Community is subject to your payment of applicable membership fees. The Community, or parts of the Community, are or will be available only to persons who have paid applicable membership fees. If you fail to pay the required fees or do not pay them on a timely basis, we may revoke your membership and your ability to access the Community. Membership fees are nonrefundable.
- By participating in the Community, you agree that you will comply with our Community Code of Conduct, as in effect from time to time. We make make changes to the Community Code of Conduct at any time and from time to time and post the revised/updated version on this site. Your continued participation in the Community after a revised/updated version of the Community Code of Conduct is posted will constitute your agreement to comply with the revised/updated form of the Code.
- By participating in the Community, you agree that you will not do certain things, including:
- Create or submit Content that violates any of our policies or attempt to circumvent any content-filtering techniques we use;
- Use the Community to violate applicable law or infringe any person or entity’s intellectual property or any other proprietary rights;
- Attempt to gain unauthorized access to another user’s Community Account or to the Community;
- Upload, transmit or distribute to or through the Community any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
- Use your access to the Community to harvest, collect, gather or assemble information or data regarding the Community or this website except as permitted in these Terms or in a separate written agreement with us;
- Use your access to the Community in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying access to the Community or that could damage, disable, overburden, or impair the functioning of the Community or this website in any manner; or
- Intentionally negate any user’s actions to delete or edit their Content.
- We reserve the right to discontinue access to the Community or to any Content on the Community at any time, without notice.
If you claim that anything on this website infringes any of your intellectual property rights, you may advise us of your claim by following the procedure below.
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide us with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the Content that you claim is infringing is located on a Insightful Living website, including the permanent URL, if possible;
- Your address, telephone number, facsimile number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent or the law; and
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
You should send that notice to us at the following address by certified or registered United States First Class Mail, postage prepaid and return receipt requested (or, if you are mailing the notice from outside the United States, the comparable class of postage used by the postal service of another country providing for proof of delivery to the addressee), or by overnight courier, charges prepaid, with proof of delivery and signature required. It is strongly recommended that you retain a copy of the notice and proof of the means of delivery.
Links to third-party websites are not endorsements.
Either we or you may terminate your use of the website and these Terms.
These Terms, as we may modify them from time to time, are effective until either you or we terminate them. You may terminate these Terms at any time by destroying all Content obtained from this website and all related documentation and all copies thereof, whether made in accordance with these Terms or otherwise, and discontinuing any further use of or access to this website. We may terminate your right to access or use this website or any feature or portion thereof or change, suspend or discontinue all or any aspect or portion of this website, or any service, feature or product offered through it, at any time, without notice or liability to you, any other user or any third party. Upon termination, you are no longer authorized to access this website and you must destroy all copies of any Content obtained from this website. The restrictions imposed on you with respect to the Content, and the disclaimers, indemnities and limitations of liabilities set forth in these Terms shall survive termination.
Your use of this website and its Content is subject to the following disclaimers, which may limit your legal rights.
- Content posted by Insightful Living, users or third parties on this website may contain errors, omissions or typographical errors or may be out of date.
- Insightful Living makes no representations or warranties with respect to this website or the Content on this website, which are provided for use “as is” and “as available”, or that this website or its contents will be available, accurate, complete or timely.
- Insightful Living disclaims all warranties, express or implied, including without limitation the implied warranties of title, merchantability and fitness for a particular purpose, with respect to this website, any website with which it is linked and any products or services listed on this website.
- Insightful Living does not warrant the functions, information or links contained on this website or that its Content will meet your requirements, that this website or its Content are fit for any particular purpose or that the operation of this website or its Content will be uninterrupted or error-free, that defects will be corrected or that this website or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. You (and not Insightful Living) assume the entire cost of all necessary servicing, repair or correction.
- Insightful Living does not warrant or make any representations regarding the use or the results of the use of the Content or materials on this website in terms of their correctness, accuracy, reliability or otherwise. You expressly agree that you assume the entire risk as to the quality and performance of this website and the accuracy or completeness of the content.
- All products and services listed on this website are subject to any applicable warranties and representations of their respective manufacturers. Accordingly, Insightful Living makes no representation or warranty with respect to any product or service listed on this website, other than any representations or warranties provided specifically by Insightful Living with respect to any of its own products or services.
- Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
You agree that our liability is limited.
Under no circumstances, including, but not limited to, negligence, shall Insightful Living, its respective affiliates, licensors or co-branders (including CV LLC), suppliers or providers, or their respective officers, directors, owners, employees, agents, contractors and information providers (collectively, “Insightful Living Parties”) be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the content or materials on this website, even if an Insightful Living Party or an authorized representative of an Insightful Living Party has been advised of the possibility of such damages. If your use of Content or materials from this website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event shall an Insightful Living Party’s total liability to you for all damages, losses and causes of action, whether in contract or not (including, but not limited to, negligence), exceed the amount paid by you, if any, for accessing this website.
You agree to indemnify us against any liability we incur as a result of your use of this website or violation of these Terms.
You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless the Insightful Living Parties from and against any claims, liability, losses, costs and expenses (including but not limited to reasonable attorneys’ fees) incurred by any Insightful Living Party in connection with any violation of these Terms by you and any use or alleged use of this website under your password by any person, whether or not authorized by you. Insightful Living reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with Insightful Living’s defense of such claim.
If you access this website through a mobile device, you may incur additional charges from your mobile carrier, and there may be differences in functionality from the full website.
This website may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to contact Insightful Living or third parties about their products or services, receive and reply to messages from Insightful Living and access certain other features (collectively, the “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that Insightful Living may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Insightful Living. If you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages Insightful Living intends to send to you are not sent to another person who acquires such mobile telephone number.
You agree to the following matters relating to legal jurisdiction.
This website is controlled and operated by Insightful Living from its offices in the State of Alabama, United States of America and is or may be hosted and/or maintained throughout the world via a distributed hosting service. Access to or use of this website shall not be construed as Insightful Living’s intentional or purposeful acceptance of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Alabama. Insightful Living makes no representation that Content on this website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and Insightful Living consent to bring any action to enforce these Terms in the federal or state courts located in Jefferson County, Alabama, United States of America. Additionally, these Terms shall be governed by and construed in accordance with, and any claims brought against Insightful Living shall be governed by, the laws of the State of Alabama, United States of America without regard to its choice of law principles.
Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into Syria, North Korea, Iran, Iraq, Libya or any other country to which the United States has embargoed goods; (ii) to a national or resident of any such country; or (iii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using this website or any software provided through this website, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
Your use of this website is subject to additional legal considerations as described below.
These Terms constitute the entire agreement between the parties relating to the subject matter herein. No waiver by Insightful Living of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Insightful Living and its affiliates shall not be liable for any nonperformance or delay in performance caused by any act beyond their reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
Revised: _________________, 2020