BELLA*LIFE, has created and made available this BELLA*LIFE Global Online Community (the “Online Community”). By accessing or using this Online Community, each person or entity authorized by BELLA*LIFE to have such access or make such use (each a “Community Member” and collectively the “Community Members”) acknowledges that it has read, understands, and agrees, without limitation or qualification, to be bound by the Terms and Conditions set out herein (these “Terms and Conditions”).
1. Entire Agreement
These Terms and Conditions represents the complete agreement between BELLA*LIFE and the Community Member, and supersede any other written or oral agreement, with regard to the subject matter of these Terms and Conditions. BELLA*LIFE may, at its discretion, change, modify, add, or remove portions of these Terms and Conditions. Please check these Terms and Conditions periodically for changes and updates. The Community Member’s continued use of the Online Community following posting of changes to these Terms and Conditions constitutes the Community Member’s acceptance of such changes, modifications, additions and removals.
2. Accuracy of Information
The information contained on the Online Community is general in nature and is designed for use by holistic care professionals and customers only. BELLA*LIFE attempts to be as accurate as possible when providing a Community Member with information on the Online Community; however, to the extent permitted by applicable law, BELLA*LIFE does not warrant that the content available on the Online Community is accurate, complete, reliable, current, or error-free. BELLA*LIFE may add, modify, correct, or delete any information to or from the Online Community at any time without notice. BELLA*LIFE makes no commitment, however, to update or correct such information.
The trademarks, logos, and service marks displayed on the Online Community (collectively, the “Trademarks”) does not imply a claim of ownership of the registered and unregistered marks of BELLA*LIFE.
All copyright, trademark, other proprietary rights, and all other materials originated or used by BELLA*LIFE on the Online Community are reserved to BELLA*LIFE and its authorized licensees. Except as set out in Sections 4 and 5 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Online Community may be used, reproduced, duplicated, distributed, uploaded, downloaded, displayed, transmitted, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without BELLA*LIFE’s written consent.
Community Members may not copy or reproduce any part of the Online Community information accessed at other sites through links made at the Online Community or use the Online Community content to construct any kind of database.
Community Members may not modify the website that hosts the Online Community, or any formatting, content, or material constituting the platform through which the Online Community functions, without the written permission of BELLA*LIFE. Community Members will observe copyright and other restrictions applicable to the Online Community and other websites. Community Members may not use the Online Community in any manner that infringes on the rights of any person or entity. This is not intended to limit Community Members’ participation in conversations within the Online Community, uploading of documents or files, or shared editing of collaborative materials.
4. Limited License
BELLA*LIFE grants Community Members a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Online Community. Please note that Community Members may not frame or utilize framing techniques to enclose the Online Community or any portion thereof without BELLA*LIFE’s written consent.
The limited license set out in this Section does not include the right to: (i) modify or download not modify the website that hosts the Online Community, or any formatting, content, or material constituting the platform through which the Online Community functions (except caching or as necessary to view Content); (ii) make any use of the Online Community or the Content other than non-commercial use; (iii) create any derivative work based upon either the Online Community or the Content; (iv) remove copyright notices or other proprietary rights notices contained in the Online Community or the Content; (v) use any meta tags or any other “hidden text” utilizing BELLA*LIFE’s name or Trademarks without written consent of BELLA*LIFE; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden on BELLA*LIFE infrastructure.
Community Members are granted a limited, revocable, non-transferable and nonexclusive right to create a hyperlink to the home page of the Online Community for non-commercial use only. A website that links to the Online Community (i) may link to but not replicate the Content; (ii) may not imply that BELLA*LIFE is endorsing the website or its website or products; (iii) may not misrepresent its relationship with BELLA*LIFE; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray BELLA*LIFE or the Online Community in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate BELLA*LIFE with undesirable products, websites, or opinions; (vi) may not use any Trademark without written permission of BELLA*LIFE; (vii) may not link to any page of the Online Community other than the home page. BELLA*LIFE may, in its sole discretion, request that Community Members remove any link to the Online Community, and upon receipt of such request, Community Members will promptly remove such link.
Any unauthorized use of the Online Community by a Community Member terminates the limited license set out in this Section without prejudice to any other remedy provided by applicable law.
5. BELLA*LIFE Member Area
If a Community Member is a registered member of the BELLA*LIFE and has been provided with a username and password, the Community Member may access and use the Online Community BELLA*LIFE Member Area. The Member Area is intended for use by BELLA*LIFE members to exchange information and may not be used for any other purpose. Members may not knowingly enter false information in the BELLA*LIFE Member Area.
Information provided on the Online Community constitutes informal communication only and is not intended to create a treatment relationship between BELLA*LIFE and a Community Member.
If a Community Member uses the BELLA*LIFE Member Area, the Community Member is responsible for maintaining confidentiality of its username and password and for restricting access to its computer, and the Community Member agrees to accept responsibility for all information that is entered under its username and password. BELLA*LIFE may terminate accounts, or remove or edit content inputted by Community Members, for any reason in BELLA*LIFE’s sole discretion and without notice.
Community Members who use the BELLA*LIFE Member Area are further responsible for maintaining the confidentiality of personal and confidential information regarding members information and discorse (collectively, “Personal Information”). By using the Online Community, Community Members will take all steps necessary to protect and otherwise prevent the unauthorized disclosure on the Online Community of personal information, private personal information, or any information that may, or may be used to, identify any individual (any or all, collectively, “PII”), to which Community Members have access. Transmission of PII on the Online Community is not permitted. BELLA*LIFE personnel and contractors must report all privacy complaints or actual or suspected breaches of this provision in a timely and complete manner, as required by applicable law. Community Members may report complaints or suspected breaches of this provision under the procedures and guidelines set out in and for the Online Community.
6. Third Party Links
The Online Community may contain links to websites controlled by third-parties other than BELLA*LIFE. BELLA*LIFE is not responsible for the content of websites linked to or from the Online Community. Links appearing on the Online Community to other websites are for convenience only and are not a BELLA*LIFE endorsement, sponsorship, or recommendation of the referenced content, product, service, or supplier. Linking to or from any other website is at the Community Member’s own risk. BELLA*LIFE is not responsible for examining or evaluating, and does not warrant the offerings of, websites linked to or from the Online Community, nor does BELLA*LIFE assume responsibility or liability for the actions, content, or products, of other Online Communities, including their privacy statements and terms and conditions. Community Members should carefully review the terms and conditions and privacy policies of other websites before linking to them.
7. Legal Notice and Disclaimer
For Community Members Using the Online Community for Their Own Purposes
The information on the Online Community, including but not limited to any Content, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis or treatment.
If a Community Member thinks there may be a medical emergency, the Community Member should call or see a doctor or call a local emergency facility without delay. A COMMUNITY MEMBER SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING A COMMUNITY MEMBER HAS READ ON THIS ONLINE COMMUNITY.
For Holistic Health Care Professionals Using the Online Community
The information on the Online Community, including but not limited to any Content, is for informational and educational purposes only. Although the Online Community uses reasonable efforts to ensure that the information provided is current, complete and, where appropriate, based on scientific evidence, BELLA*LIFE makes no assurances as to whether the provided information will at all times be current and does not provide medical advice or reflect the best medical practice for any specific circumstance.
Community Members must not substitute information contained on the Online Community for a Community Member’s own professional judgment, nor rely on information provided on the Online Community in rendering a diagnosis or choosing a course of treatment for a particular individual.
BELLA*LIFE makes no representations regarding, and does not warrant, the accuracy, completeness, timeliness, or usefulness of the opinions and other information provided through the Online Community or on the World Wide Web generally.
BELLA*LIFE makes no representations or warranties regarding its own or any third party’s compliance with government regulations requiring disclosure of information about prescription drug products or the approval of or compliance with any software tools with regard to the Content provided on the Online Community. BELLA*LIFE, its licensors, and its suppliers have no control over and accept no responsibility for compliance with the laws, rules, and regulations applicable to a Community Member’s country or state of residence.
The Online Community may contain health or medical-related materials that a Community Member may find sexually explicit or otherwise offensive.
Access and use of the Online Community may require the use of servers and/or websites provided or maintained by others and over which BELLA*LIFE has no control. BELLA*LIFE does not guarantee that these products will work as expected.
All information with respect to the Online Community is transmitted over a medium that is beyond BELLA*LIFE’s control and jurisdiction. Accordingly, BELLA*LIFE assumes no responsibility for, or relation to, delay, failure, interruption, or corruption of data or other information transmitted in connection with use of the Online Community or any websites accessed through the Online Community. BELLA*LIFE does not guarantee continuous access to the Online Community, or that any defect in the Online Community will be corrected. Community Members are solely responsible for implementing sufficient procedures to satisfy particular requirements for protection of computer systems and/or accuracy or integrity of data, and for maintaining a means of reconstructing or retrieving any lost or corrupted data.
BELLA*LIFE recognizes the importance of protecting the privacy of visitors to the Online Community. BELLA*LIFE has developed the following privacy terms so that Community Members can understand the care with which BELLA*LIFE intends to treat the information provided at the Online Community. Privacy terms are as follows:
Collection and Storage of Information
BELLA*LIFE may collect and store information about Community Members in various ways, including information that the Community Member provides to BELLA*LIFE, information that BELLA*LIFE automatically collects through use of the Online Community, and information from publicly-available sources or non-affiliated third parties. BELLA*LIFE may also collect statistical and other additional information in connection with the Online Community usage and surveys. BELLA*LIFE will maintain appropriate safeguards to protect the security, integrity, and privacy of Community Member personally identifiable information.
Information Members Provide to BELLA*LIFE
Community Members using the Online Community may be invited to provide or upload information as follows:
Name, email address;
Institution, city location, educational background;
Information on forms Community Members fill out on or submit through the Online Community (including requests to receive information);
Communications with BELLA*LIFE and other Community Members through the Online Community; or
Any other information that Community Members choose to voluntarily provide and/or upload to the Online Community.
Information that is Collected Automatically and/or Passively
Device/Usage Information. When a Community Member uses the Online Community, BELLA*LIFE may collect and analyze information such as the Community Member’s IP address, browser types, browser language, operating system, the state or country from which the Community Member accessed the Online Community, software and hardware attributes (including device types and IDs), referring and exit pages and URLs, platform type, the number of clicks, files the Community Member downloads, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms the Community Member uses in searches on the Online Community, the date and time the Community Member used the Online Community, error logs, and other similar information. BELLA*LIFE uses this information and the information collected by third-party service provider for analytics, including to determine which portions of the Online Community are used most frequently and what the Community Members like and do not like;
Emails. If a Community Member receives an email from BELLA*LIFE, BELLA*LIFE may collect information related to whether the Community Member opens the email, and what content the Community Member selects to view via the email;
Location. BELLA*LIFE may collect the city, state, and country associated with the IP address of the device that the Community Member uses to access the Online Community.
Information from Third Party Sources
BELLA*LIFE may receive information about Community Members from publicly and commercially available sources, as permitted by law, which BELLA*LIFE may combine with other information BELLA*LIFE receives from or about Community Members.
Information BELLA*LIFE Collects from Social Media and Other Content Platforms
When a Community Member “likes” or “follows” BELLA*LIFE on Facebook, Instagram, Twitter or other social media sites, BELLA*LIFE may collect information from the Community Member, including name, e-mail address, and any comments or content the Community Member posts relevant to BELLA*LIFE.
Cookies and Other Automated Technologies
For information about opt-out options relating to data collected using cookies and other automated technologies (e.g., for analytics), please review the information and hyperlinks in the “Cookies and Other Automated Technologies section,” above and the “Online Analytics” section, below, of these Terms and Conditions.
Do Not Track Signals and Similar Mechanisms
BELLA*LIFE does not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions.
How BELLA*LIFE Uses the Information It Collects
BELLA*LIFE may use Community Member information to:
Enable the Community Member to use the Online Community;
Support Community Members and respond to Community Member inquiries;
Maintain internal records;
Troubleshoot, maintain security and systems administration, and facilitate research;
Support other research and analysis;
Development products and analyze, improve, and maintain the Online Community;
Address fraud and safety concerns, and investigate complaints and suspected fraud or wrongdoing;
Provide Community Members with personalized experiences on the Online Community;
Contact Community Members, with Community Member consent, by telephone or text message regarding the Online Community or information the Community Member requests;
Protect, enforce, and defend BELLA*LIFE, its employees and agents, and other Community Members’ legal rights, privacy, safety, security, and property, and comply with applicable law.
BELLA*LIFE may aggregate and/or de-identify information collected through the Online Community. BELLA*LIFE may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share data with third parties.
How BELLA*LIFE Shares Information
A Community Member’s personally identifiable information will not be sold or otherwise transferred to unaffiliated third parties without written consent of the Community Member. Information concerning an individual’s usage of the Online Community will not be disclosed to third parties except in aggregate form.
The following provides information about entities with which BELLA*LIFE may share information. Practices may vary depending on the type of information shared.
Affiliates. BELLA*LIFE may share information with its affiliates.
Service Providers. BELLA*LIFE may share information with third parties that help operate BELLA*LIFE business and provide BELLA*LIFE services, such as contractors that provide technology, services, data, or content.
Other Parties When Required by Law or as Necessary to Protect Community Members and the Online Community. BELLA*LIFE may share information when doing so is necessary to protect, enforce, or defend the legal rights, privacy, safety, or property of BELLA*LIFE, BELLA*LIFE employees, agents, or users, and to comply with applicable law and legal process, including responding to requests from public and government authorities.
BELLA*LIFE does not knowingly collect personal information from children under the age of 13 without parental consent, unless permitted by law. If BELLA*LIFE learns that a child under the age of 13 has provided personal information (as defined by the Children’s Online Privacy Protection Act), BELLA*LIFE will delete it.
BELLA*LIFE employs administrative, technical, and physical security measures to help protect information from unauthorized access. These measures vary depending on the sensitivity of the information BELLA*LIFE has collected; however, no method of transmission over the Internet or via mobile device, or method of electronic storage, is secure. Therefore, while BELLA*LIFE strives to use commercially acceptable means to protect Community Member information, BELLA*LIFE cannot guarantee its absolute security.
California Residents: California Privacy Rights
BELLA*LIFE does not disclose personal information to third parties for the purpose of directly marketing their services to Community Members unless a Community Member first agrees to such disclosure.
International Users and Consent to Transfer
BELLA*LIFE computer systems are currently based in the United States; Community Member data will be processed by BELLA*LIFE in the United States. If a Community Member creates an account with the Online Community as a visitor from outside the United States, by using the Online Community, the Community Member agrees to these Terms and Conditions and consents to the transfer of its information to the United States and to the processing of that information as described in these Terms and Conditions.
9. Community Standards
BELLA*LIFE makes community discussion areas (“groups,” “forums,” “message boards,”) e-mail functions and/or news areas (individually and collectively, the “Community Forums”) available for Community Members’ interactive use on the Online Community. Community Members that use the Community Forums are solely responsible for its own communications and the consequences of posting those communications. BELLA*LIFE assumes no responsibility for communication on, or consequence arising from the use of, the Community Forums. The purpose of the Community Forums is to facilitate an exchange of professional ideas and to stimulate community interaction. To encourage participation in the Community Forums as enjoyable and productive for everyone concerned, BELLA*LIFE expects that Community Members adhere to the following rules:
A user of the Community Forums should provide its real name and use its own login identity when participating in Community Forums. A user may not impersonate another person nor allow others to use its identification.
Consider posts carefully. If a Community Member would not want others to see comments, it is unwise to post them.
Be respectful and professional. Use common courtesy when posting content: refrain from abusive, language, images, or links. Do not use ethnic slurs, personal insults, or engage in any conduct that would not be acceptable in the physical workplace. Remember that Community Members are providing content for a multicultural audience — things that do not seem offensive to one might seem so to others. Try to frame your post to invite differing points of view without inflaming others. It is difficult to stop an inflammatory discussion once it begins.
Add value by publishing information that is helpful and gives perspective, is helpful to colleagues, improves knowledge and skills; solves problems.
Do not disturb the intent of the Community Forums by soliciting business, promoting products or Online Community, or posting chain letters or pyramid schemes of any form. The Community Forums will be used only in a noncommercial manner.
Do not post the same item repeatedly. This is sometimes referred to as “spamming” and is strictly prohibited.
Do not threaten, verbally attack, harass, embarrass, intimidate or engage in any conduct that may compromise any individual or entity, including inhibiting the ongoing use and enjoyment of the Community Forums.
Do not upload, distribute or otherwise publish through the Online Community any content that is libelous, defamatory, obscene, or pornographic in nature or that would constitute or encourage a criminal offense, violate a law, including copyright infringement, or otherwise give rise to liability.
Settle any disputes with other Community Members privately and understand that BELLA*LIFE will not mediate disagreements that may arise in the Community Forums.
Although BELLA*LIFE will not edit message content, BELLA*LIFE may remove any message that it determined in its sole discretion to be inappropriate or in violation of the terms of these Terms and Conditions. BELLA*LIFE has no liability or responsibility to any person or entity for performance or non-performance of content or Membership screening activities.
BELLA*LIFE may invoke sanctions it alone deems appropriate on a user, up to and including banning Community Members from use of the Online Community, for improper use and/or abuse of the Community Forums.
BELLA*LIFE may use any content posted by Community Members for research, publication, and/or promotional purposes.
BELLA*LIFE does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Community Members of the Community Forums or endorse opinions expressed or implied by Community Members. Any reliance on content posted in the Community Forums is at the Community Member’s own risk.
Through use of the Community Forums, Community Members will all the terms and conditions contained herein and any future amendments hereto.
All concepts, ideas, comments, documents, illustrations, educational course content and other materials disclosed or offered to BELLA*LIFE on or in connection with the Online Community are submitted without any restrictions or expectation of confidentiality. Unless otherwise agreed to in writing by a Community Member and BELLA*LIFE, BELLA*LIFE will have no financial or other obligations to Community Members that submit information, and Members will not assert any proprietary or moral right of any kind with respect to its submissions. BELLA*LIFE will have the right to use, modify, publish, reproduce, transmit, download, upload, post, display, or otherwise distribute submissions in any manner without further notice or compensation to the Community Member.
11. Representations and Warranties; Limitation of Liability
THE ONLINE COMMUNITY IS PRESENTED “AS IS” AND “AS AVAILABLE.” BELLA*LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE ONLINE COMMUNITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
BELLA*LIFE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE ONLINE COMMUNITY; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-ONLINE COMMUNITY LINKS ON THE ONLINE COMMUNITY; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH A COMMUNITY MEMBER USE OF THE ONLINE COMMUNITY, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND ST JUDE’S REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW BELLA*LIFE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED IN ANY WAY TO A COMMUNITY MEMBER’S USE OF THE ONLINE COMMUNITY REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE, EVEN IF BELLA*LIFE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BELLA*LIFES MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Community Members will defend and indemnify BELLA*LIFE for any loss, damages or costs, including reasonable attorneys’ fees and disbursements, resulting from a third-party claim, action, or demand resulting from a Community Member’s use of the Online Community or the Content, including claims resulting from the diagnosis of and provision of health care to patients through the BELLA*LIFE Member Area of the Online Community. Community Members also will defend and indemnify BELLA*LIFE for any third party loss, damages, or costs, including reasonable attorneys’ fees, resulting from its use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action a Community Member takes that imposes an unreasonable burden or load on BELLA*LIFE infrastructure.
13. Disputes and Jurisdiction
With respect to any dispute regarding the Online Community, Community Member rights and obligations and all actions contemplated by these Terms and Conditions will be governed by the laws of the United States, as if the Terms and Conditions are a contract wholly entered into and wholly performed. Community Members agree and expressly consent to the exercise of personal jurisdiction in the courts in connection with any dispute, including a claim involving BELLA*LIFE or its affiliates, subsidiaries, employees, contractors, officers, or directors.
Unless subject to the binding terms and provisions of other BELLA*LIFE service agreements, BELLA*LIFE may terminate these Terms and Conditions and restrict access to the Online Community at any time without notice. Upon notice of termination by BELLA*LIFE, the Community Member will destroy all materials obtained from the Online Community and all related documentation and copies and installations thereof, whether made under these terms or otherwise.
15. Export Controls
The Community Member’s use of the Online Community will comply with all applicable laws, rules, and regulations that govern the export of technical and private personal data. By downloading information, the Community Member attests that it is not in a country where such export is prohibited, that it is not a person or entity to which such export is prohibited, and that it accepts full responsibility for compliance with the laws of its local jurisdiction.
Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership, or other form of joint enterprise between BELLA*LIFE and a Community Member. BELLA*LIFE’s failure to require a Community Member’s performance of any provision herein will not affect its full right to require such performance at any time thereafter, nor will a waiver of a breach of any provision herein be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions are unenforceable or invalid under any applicable law or determined to be so by an applicable court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole. BELLA*LIFE will amend or replace the provision with one that is valid and enforceable, and which achieves, to the extent possible, its original objectives and intent as reflected in the original provision.
17. Contact Us
If a Community Member has questions regarding these Terms and Conditions, BELLA*LIFE, or BELLA*LIFE’s privacy protections please contact the BELLA*LIFE at [email protected]