WEBSITE TERMS AND CONDITIONS OF USE

conniemcreynolds.com

Effective Date: October 21, 2021

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

 

  • BINDING EFFECT.  These Website Terms and Conditions of Use (“Terms of Use”) are a binding agreement.  By using the internet site located at https://mstarneurofeedback.com/ (the “Site”) you agree to abide by these Terms of Use, as they may be amended by Morningstar EPS, Inc. (the “Company”) from time to time in its sole discretion.  Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.  YOU AGREE THAT BY USING The Site YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

  • Restrictions on Use.  All pages within the Site and any material made available for download (collectively the “Site”) are the property of the Company and/or its affiliates.  The Site is protected by federal and international copyright and trademark laws.  No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of the Company.  The Site is for your own personal use.  You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.  Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by the Company.

  • PRIVACY POLICY.  The Company respects your privacy and permits you to control the treatment of any personal information you may provide on the Site.  A complete statement of Company’s current privacy policy can be found at the privacy policy link on the Site.  Company’s privacy policy is expressly incorporated into these Terms of Use by this reference.

  • No Medical Advice.  THE Content on the Site and any Services that may be provided by the Company DOES NOT PROVIDE MEDICAL ADVICE AND is NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.  Any SERVICES Provided by the Company Is NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION.  ALL CONTENT AVAILABLE THROUGH THE Site IS FOR GENERAL INFORMATIONAL PURPOSES ONLY.  USE OF THE Site or any services that may be provided by the Company DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP.  You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program.

  • COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.  When accessing the Site you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit.  The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

  • Confidential and Proprietary Information.  Company does not want to receive confidential or proprietary information from you through the Site.  Please note that any information or material sent to Company through the Site will be deemed NOT to be confidential.  By sending Company any information or material, you grant Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

  • Links to Our Site.  If you desire to provide a hyperlink from your website to our Site, Company grants you a nonexclusive, royalty free, non-transferable license to create such hyperlink.  You may only link to our homepage at https://mstarneurofeedback.com/.  All rights to any intellectual property, logos, pictures or other content on the Site is reserved by Company.  You agree to defend, indemnify, and hold harmless Company and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorney's fees, arising out of any claim relating to any hyperlinks you make to our Site.  Company may terminate the license granted under this section at any time in its sole discretion without liability or obligation to you of any kind.  In the event this license granted under this section is terminated, you will remove all references to the Site, including the hyperlink, within twenty-four (24) hours of written request by the Company.

  • Links or Pointers to Other Sites.  Company makes no representations whatsoever about any other website that you may access though this Site.  When you access another website from this Site, please understand that such website is independent from the Site and that Company has no control over the content on that website.  In addition, a hyperlink to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

  • COPYRIGHT INFRINGEMENT.  Company has in place certain procedures regarding allegations of copyright infringement occurring on the Site.   Company’s policy is to investigate any allegations of copyright infringement brought to its attention.  If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  For this notification to be effective, you must provide it to Company’s designated agent, Dr. Connie McReynolds at: connie@mcreyno.com / (909) 435-7189.

  • NO WARRANTIES.  COMPANY HEREBY DISCLAIMS ALL WARRANTIES.  COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

  • LIMITED LIABILITY.  COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, Direct, Indirect, SPECIAL, INCIDENTAL, CONSEQUENTIAL, exemplary, or punitive DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, any information contained on the Site, ANY OTHER MATERIALS OR Information PROVIDED TO YOU BY the Site, the Company and/or any hyperlinked website.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

  • PROHIBITED USES.  Company imposes certain restrictions on your permissible use of the Site.  You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site.  Any violation of system or network security may subject you to civil and/or criminal liability.

  • INDEMNITY.  You agree to indemnify Company for certain of your acts and omissions.  You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.  Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  • COPYRIGHT. All contents of Site are: Copyright © 2021 Company.  All rights reserved.

  • GOVERNING LAW.   These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Bernardino, California, USA in all disputes arising out of or related to the use of the Site.

  • SEVERABILITY; WAIVER.  If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  • NO LICENSE.  Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

  • CALIFORNIA USE ONLY.  The Site is controlled and operated by Company from its offices in the State of California.  Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.  Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

  • MODIFICATIONS.  Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time.  Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions.  You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.