TERMS OF USE

As part of the functionality of the Site, you may link your account with online accounts you have with
third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern your use of each
Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms
and conditions that govern your use of the applicable Third-Party Account, and without obligating us
to pay any fees or making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and stored in your ThirdParty Account (the “Social Network Content”) so that it is available on and through the Site via your
account, including without limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified when you link your account
with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have
set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible for any Social Network
Content.
You can deactivate the connection between the Site and your Third-Party Account by contacting us
using the contact information below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such Third-Party Account,
except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions. You agree
there shall be no recourse against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party
Websites”) as well as journals, research, articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content posted on, available through, or
installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any ThirdParty Content does not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any applications you use or install
from the Site. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products
or services. Additionally, you shall hold us harmless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY
ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD- PARTY
MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF
SUCH THIRD-PARTY MATERIALS).
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Terms of Use, including without limitation, reporting such user to law enforcement
authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way burdensome
to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you
agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be
advised the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use of the Site, you are transferring your data
to the United States, and you expressly consent to have your data transferred to and processed in the
United States.
[Further, we do not knowingly accept, request, or solicit information from children or knowingly market
to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete that information from the Site as
quickly as is reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or
through the Site infringes upon any copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in
the Notification. Please be advised that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not sure that material located
on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the
following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works on the Site are covered by the Notification, a representative list of such works on the
Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an email address at which the complaining party
may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake
or misidentification, you may submit a written counter notification to [us/our Designated Copyright
Agent] using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must
include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your
address is located, or if your address is outside the United States, for any judicial district in
which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or
the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of a mistake or misidentification of the material
to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will
restore your removed or disabled material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to restrain you from engaging in
infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing
a false Counter Notification constitutes perjury.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or
through the Site infringes upon any copyright you own or control, please immediately notify us using
the contact information provided below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that material located on or
linked to by the Site infringes your copyright, you should consider first contacting an attorney.]
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the
laws of the State of Arizona applicable to agreements made and to be entirely performed within the
State/Commonwealth of Arizona, without regard to its conflict of law principles.
DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at least 90 days before
initiating litigation. Such informal negotiations commence upon written notice from one Party to the
other Party.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and
individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in
Williamson County, TX, the United States of America and the Parties hereby consent to and waive all
defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and
jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no
event shall any claim, action, or proceeding brought by either Party related in any way to the Site be
commenced more than two years after the cause of action arose.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions
that may relate to the Site, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, FRANCHISEES, PARTNERS,
MEMBERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
TWELVE (12) MONTH PERIOD PRIOR TO THE DATE ANY SUCH CAUSE OF ACTION ARISES
OR AROSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to
or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms of Use; (4) any
breach of your representations and warranties set forth in these Terms of Use; (5) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as
well as data relating to your use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any activity you have undertaken
using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic
means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all our
rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and
us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of
Use and the lack of signing by the parties hereto to execute these Terms of Use.
FEEDBACK
If you provide to us any ideas, proposals, suggestions, recommendations or other materials
(“Feedback”), whether related to the Services or otherwise, 360 Jasmine Acupuncture will be free to
use and disclose the Feedback in our sole discretion without any obligations or restrictions of any
kind, including creating and distributing any product or service that incorporates the Feedback without
paying you any royalties and or fees. You hereby acknowledge and agree that your provision of such
Feedback is gratuitous, unsolicited and without restriction, and does not place 360 Jasmine
Acupuncture under any fiduciary or other obligation.
NOTICE FOR CALIFORNIA USERS
If you have a question or complaint regarding the Services provided to you by 360 Jasmine
Acupuncture, please contact us at to receive further information regarding the Services or to resolve
the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-
2297, or in writing at the Department of Consumer Affairs, Consumer Information Division, 1625
North Market Blvd., Suite N 112, Sacramento, CA 95834.