Terms of Use & Privacy Policy

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the PraiseWorks Health and Wellness LLC website (the "Site") or any PraiseWorks applications or
application plugins
("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use")
and agree to comply with all applicable laws and regulations, including United States export and reexport
control
laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or
Application user, "we", "us" and "our" refer to PraiseWorks Health and Wellness LLC and "Services" refers to all
services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use
unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We
may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of
Use, please contact us at 1(805)6377249
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18
YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or
class actions, and also limit the remedies available to you in the event of a dispute.
Please also refer to the PraiseWorks.biz which is incorporated herein by reference.
PraiseWorks.biz provides an online media entertainment in the form of radio/magazine/video and podcast using
alternative health and wellness practices to educate the public; to give visitors a general understanding of
alternative health and wellness and to provide an automated store to individuals who choose to download our
products and services.
PraiseWorks strives to keep its websites accurate, current and uptodate.
However, because the law changes
rapidly, PraiseWorks cannot guarantee that all of the information on the Site or Applications is completely current.
The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. We
base this information on the changing online marketing climate and interstate and intrastate laws of U.S.A. and its
trade treaties and agreements.
1. Privacy Policy. PraiseWorks respects your privacy and permits you to control the treatment of your personal
information. A complete statement of PraiseWorks’ current Privacy Policy can be found here. PraiseWorks’ Privacy
Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you are
agreeing to all terms of use. You are required to provide complete and accurate information as requested on the
registration form for all services you sign up for and/or purchase or services such as coaching programs you sign
into and purchase. This not limited to FREE services. You will NOT be asked to provide a user name and
password. You are entirely responsible for maintaining the confidentiality of your information. You may not use a
third party's account, user name or password at any time to access this website or its services. You agree to notify
PraiseWorks.biz immediately of any unauthorized use of your personal information associated with this website.
PraiseWorks.biz shall not be liable for any losses you incur as a result of someone else's use of your personal
information with or without your knowledge. You may be held liable for any losses incurred by PraiseWorks, our
affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of
your personal information.
In connection with the use of certain PraiseWorks.biz products or services, you may be asked to provide personal
information in a questionnaire, application, form or similar document or service. This information will be protected
pursuant to our Privacy Policy.. In addition, you grant PraiseWorks a worldwide, royaltyfree,
nonexclusive, and fully
sub licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely
for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights
held by PraiseWorks.biz at any time by removing your personal information from the applicable service.
2. Ownership. This Site and Applications are owned and operated by PraiseWorks.biz. All right, title and interest in
and to the materials provided on this Site and Applications, including but not limited to information, documents,
logos, graphics, sounds and images (the "Materials") are owned either by PraiseWorks or by our respective third
party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by
PraiseWorks.biz, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted,
displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed
to confer any license under any of PraiseWorks’ intellectual property rights, whether by estoppel, implication or
otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses.
PraiseWorks does not sell, license, lease or otherwise provide any of the Materials other than those specifically
identified as being provided by PraiseWorks. Any rights not expressly granted herein are reserved by PraiseWorks.
3. Limited Permission to Download. PraiseWorks hereby grants you permission to download, view, copy and print
the Materials on any single, standalone
computer (or, for Microsoft Agave users, one copy of the Application on up
to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational,
noncommercial
use provided that (i) where provided, the copyright and trademark notices appearing on any
Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked
computer environment and (iii) the Materials are not modified in any way, except for authorized editing of
downloadable forms for personal use. This permission terminates automatically without notice if you breach any of
the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any
downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may
violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other
than PraiseWorks (each a "Third Party Site"). PraiseWorks works with a number of partners and affiliates whose
sites are linked with PraiseWorks. PraiseWorks may also provide links to other resources with whom it is not
affiliated. is not responsible for and does not endorse or accept any responsibility for the availability, contents,
products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or
updates to such sites. PraiseWorks makes no guarantees about the content or quality of the products or services
provided by such sites. PraiseWorks is not responsible for webcasting or any other form of transmission received
from any Third Party Site. PraiseWorks is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by PraiseWorks of the Third Party Site, nor does it imply that PraiseWorks
sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered
trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge
that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that
PraiseWorks is not responsible for any loss or damage of any sort you may incur from dealing with a third party.
You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding
such links or the content located on any such Third Party Site.
5. Use of PraiseWorks Services and Products. On our Site, through our Applications, and through certain
partners, we offer selfhelp
services and products. If you buy services and products from one of our partners, you
will be directed to that partner's website and their terms of use will control. If you buy or download products and/or
services on our Site or Application, the terms and conditions of these Terms of Use control. You understand that
your purchase, download, and/oruse
of services is on a voluntary basis and we are held blameless for their use.
License to Use.
PraiseWorks grants you a limited, personal, nonexclusive,
nontransferable
license to use our products/services
(the "Products/Services") for your own personal, internal business use, or if you are an attorney or professional, for
your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy,
reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the
products/services in any manner, except for modifications in filling out the Forms for your authorized use. You shall
not remove any copyright notice from any Form.
Resale of Products/Services Prohibited.
By ordering or downloading Products/Services, you agree that the Products/Services you purchase or download
may only be used by you for your personal or business use or used by you in connection with your client and may
not be sold or redistributed without the express written consent of PraiseWorks.biz.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care
Center. In the unlikely event that the PraiseWorks.biz Customer Care Center is unable to resolve your
complaint to your satisfaction (or if PraiseWorks has not been able to resolve a dispute it has with you after
attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small
claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does,
and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual
basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an
arbitration claim may exceed similar costs to bring a case in court, for any nonfrivolous
claim that does not exceed
$10,000, PraiseWorks will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees
from PraiseWorks to the same extent or more as you would in court.
Under certain circumstances (as explained below), PraiseWorks will pay you more than the amount of the
arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you
an amount greater than what PraiseWorks offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) PraiseWorks and you agree to arbitrate all disputes and claims between us before a single arbitrator. The
types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without
limitation, to:
▪ claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory;
▪ claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
▪ claims that are currently the subject of purported class action litigation in which you are not a member of a
certified class; and
▪ claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "PraiseWorks," "you," and "us" include our respective
subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior
agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration
agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such
agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these
Terms, you and PraiseWorks are each waiving the right to a trial by jury or to participate in a class
action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal
Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will
survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute
("Notice") to the other party. A Notice to PraiseWorks should be addressed to: Notice of Dispute, General Counsel,
PraiseWorks Health and Wellness, LLC 6136 Caliente Court Fair Oaks CA 95628 (the "Notice Address"). The
Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought
("Demand"). If PraiseWorks and you do not reach an agreement to resolve the claim within 30 days after the Notice
is received, you or PraiseWorks may commence an arbitration proceeding. During the arbitration, the amount of
any settlement offer made by PraiseWorks or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or PraiseWorks is entitled.
(c) After PraiseWorks receives notice at the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your claim is for more than $10,000. (Currently, the filing
fee for consumerinitiated
arbitrations is $200, but this is subject to change by the arbitration provider. If you are
unable to pay this fee, PraiseWorks will pay it directly after receiving a written request at the Notice Address.) The
arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary
Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association
(the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online
by calling the AAA at 18007787879.
(You may obtain information about the arbitration process directed to
nonlawyers,
including information about providing notice to PraiseWorks, The arbitrator is bound by these Terms.
All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation
of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to
decide. Unless PraiseWorks and you agree otherwise, any arbitration hearings will take place in the county (or
parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an inperson
hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may
choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine
whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law
on which the award is based. The parties agree that in any arbitration of a dispute or claim, neither party will rely for
preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or
claim to which PraiseWorks was a party. Except as otherwise provided for herein, PraiseWorks will pay all AAA
filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements
above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is
frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to
reimburse PraiseWorks for all monies previously disbursed by it that are otherwise your obligation to pay under the
AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding
attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is
greater than the value of PraiseWorks last written settlement offer made before an arbitrator was selected, then
PraiseWorks will:
▪ pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
▪ pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness
fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in
arbitration (the "attorney's payment").
If PraiseWorks did not make a written offer to settle the dispute before an arbitrator was selected, you and your
attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator
awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and
reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the
proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In
assessing whether an award that includes attorney’s fees or expenses is greater than the value of PraiseWorks
last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s
fees or expenses you reasonably incurred before PraiseWorks settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees
and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under
applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may
not recover duplicative awards of attorney's fees or costs. Although under some laws PraiseWorks may have a
right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, PraiseWorks will not
seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim. YOU AND PraiseWorks AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS
PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE
CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and PraiseWorks agree otherwise, the
arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding. The arbitrator may award any relief that a court could award that is
individualized to the claimant and would not affect other customers. Neither you nor we may seek
nonindividualized
relief that would affect other customers. If a court decides that applicable law precludes
enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that
claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may
appeal the award to a threearbitrator
panel administered by AAA by a written notice of appeal within thirty (30) days
from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such
appeal. The members of the threearbitrator
panel will be selected according to AAA rules. The threearbitrator
panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of
appeal. The decision of the threearbitrator
panel shall be final and binding, subject to any right of judicial review
that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future
change to this arbitration provision (other than a change to any notice address, website link or telephone number
provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the
change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at
least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to
disputes which arose prior to the date of termination.
7. Additional Terms. Some PraiseWorks Services may be subject to additional posted guidelines, rules or terms
of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the
Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional
Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through
Applications, PraiseWorks may permit visitors to post ratings, reviews, comments, and other content (the "User
Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms
and conditions of these Terms of Use.
Rights and Responsibilities of PraiseWorks.
PraiseWorks is not the publisher or author of the User Content. PraiseWorks takes no responsibility and assumes
no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, PraiseWorks takes reasonable steps to
maintain security. If you have reason to believe system security has been breached, contact us at
info@praiseworks.biz for help.
If PraiseWorks technical staff finds that files or processes belonging to a member pose a threat to the proper
technical operation of the system or to the security of other members, PraiseWorks reserves the right to delete
those files or to stop those processes. If the PraiseWorks technical staff suspects a user name is being used by
someone who is not authorized by the proper user, PraiseWorks may temporarily disable that user's access in
order to preserve system security. In all such cases, PraiseWorks will contact the member as soon as feasible.
PraiseWorks has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove,
recategorize
to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of PraiseWorks Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content writings,
files, pictures or any other work that
you
post or transmit using any PraiseWorks service that allows interaction or dissemination of information. In posting
User Content, you agree that you will not submit any content:
▪ that is known by you to be false, inaccurate or misleading;
▪ that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy. Please see Compliance with Intellectual Property Laws below;
▪ that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export
control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see
Compliance with Export Restrictions below;
▪ that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or
offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful
to any individual, partnership or corporation. Please see Inappropriate Content below;
▪ that includes advertisements, spam, or content for which you were compensated or granted any consideration
by any third party;
▪ that includes information that references other websites, addresses, email addresses, phone numbers, or
other contact information;
▪ that contains any computer virus, worms, or other potentially damaging computer programs or files;
▪ that otherwise violates these Terms of Use.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you
choose specifically to renounce it. In posting a work as User Content, you authorize other members who have
access to that service to make personal and customary use of the work, including creating links or reposting, but
not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant PraiseWorks a perpetual, irrevocable, royaltyfree,
transferable right and license to use, copy, modify,
delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such
content into any form, medium, or technology throughout the world without compensation to you. You have the right
to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of PraiseWorks. PraiseWorks permits
anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to
provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that PraiseWorks may use
your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON
OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRAISEWORKS EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
PRAISEWORKS MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET
YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR
APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE,
APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN
DISCRETION AND AT YOUR OWN RISK. PRAISEWORKS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, PRAISEWORKS OFFERS A 30 DAY SATISFACTION GUARANTEE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD
PRAISEWORKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT
TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL
INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY
FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF PRAISEWORKS HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF
THERE IS LIABILITY FOUND ON THE PART OF PRAISEWORKS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR
THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL
OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
11. Unsolicited Submissions. Except as may be required in connection with your use of PraiseWorks Services,
PraiseWorks does not want you to submit confidential or proprietary information to us through this Site or any
Applications. All comments, feedback, information or material submitted to PraiseWorks through or in association
with this Site shall be considered nonconfidential
and PraiseWorks property. By providing such submissions to
PraiseWorks you hereby assign to PraiseWorks, at no charge, all worldwide right, title and interest in and to the
submissions and any intellectual property rights associated therewith. PraiseWorks shall be free to use and/or
disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are
responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and
content.
12. Compliance with Intellectual Property Laws. When accessing PraiseWorks or using the PraiseWorks legal
document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of
others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright,
trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit
or otherwise distribute any information or 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 or that is provided or transmitted
using your PraiseWorks user account.
PraiseWorks has adopted a policy that provides for the immediate removal of any content, article or materials that
have infringed on the rights of PraiseWorks or of a third party or that violate intellectual property rights generally.
PraiseWorks policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
1. Notice. PraiseWorks has in place certain legally mandated procedures regarding allegations of copyright
infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for
the immediate suspension and/or termination of any Site or Service user who is found to have infringed the
rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The
Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement
to remove or disable access to the allegedly infringing content. 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 the Company to
delete, edit, or disable the material in question, you must provide the Company with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail): (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 at a single online site are
covered by a single notification, a representative list of such works at that 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 the service provider to locate the
material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address,
telephone number, and, if available, email address; (5) 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 (6) 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.
CounterNotice.
If you believe that your Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your Content, you may send a written counternotice
containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2)
Identification of the Content that has been removed or to which access has been disabled and the location at
which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith
belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
and (4) Your name, address, telephone number, and email address, a statement that you consent to the
jurisdiction of the federal court in Sacramento, California and a statement that you will accept service of
process from the person who provided notification of the alleged infringement. If a counternotice
is received
by the Copyright Agent, the Company may send a copy of the counternotice
to the original complaining party
informing that person that it may replace the removed Content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the Content provider, member or
user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after
receipt of the counternotice,
at the Company's sole discretion.
13. Inappropriate Content. When accessing the Site, any Applications, or using PraiseWorks Services, you agree
not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous,
defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or
foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
PraiseWorks reserves the right to terminate or delete such material from its servers. PraiseWorks will
cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of
Use or of any applicable laws.
14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or
the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or
regulations. You agree to comply with all export laws and restrictions and regulations of any United States or
foreign agency or authority and to assume sole responsibility for obtaining licenses to export or reexport
as may
be required. You acknowledge and agree that the Materials are subject to the United States Export Administration
Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be
acquired for, shipped, transferred or reexported,
directly or indirectly, to proscribed or embargoed countries or their
nationals or used for any prohibited purpose.
15. Personal Use. The site is made available for your personal use on your own behalf.
16. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any
personal information to us.
17. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an
Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use.
These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the
International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this
Site or an Application.
18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, PraiseWorks.biz
LLC ALL RIGHTS RESERVED.
19. Trademarks. PraiseWorks, PraiseWorks.biz, Wellness Woman 40, the 5 lady” shadow, rainbow
WellnessWoman word” logo, all images and text, and all page headers, custom graphics and button icons are
service marks, trademarks and/or trade dress of PraiseWorks. All other trademarks, product names and company
names or logos cited herein are the property of their respective owners.
20. Attorney Access Services; Use of Term "Experience." The term "experience" or "experienced," as used on
the Site, Applications, and in other communications in reference to third party attorneys participating in
PraiseWorks legal plans or other attorney access services means that the legal plan primary handling partner of
each law firm fulfills the following: (a) possesses a minimum of five years' experience practicing law, (b) maintains
errors and omissions insurance policies consistent with industry standards, (c) is in good standing with the state
bar in each jurisdiction in which the attorney is licensed to practice, (d) has no pending malpractice lawsuit, as of
the date of joining one of PraiseWorks legal plans, and (e) has no public record of discipline by a state bar within
the last five years. The term "experience" or "experienced" is not intended to be a comparison to any other
attorney's services or qualifications.
21. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse PraiseWorks as paid
spokespeople in our advertising campaigns.
22. Inquiries. BY USING PRAISEWORKS SERVICES OR ACCESSING THE PRAISEWORKS SITE OR
APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO
PRAISEWORKS VIA THE PRAISEWORKS SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO
PRAISWORKS, AND THAT PRAISEWORKS MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH
NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY
EXCEPTION TIME FRAMES AS APPROPRIATE).
23. Right to Refuse. You acknowledge that PraiseWorks reserves the right to refuse service to anyone and to
cancel user access at any time.
24. Acknowledgement. BY USING PRAISEWORKS' SERVICES OR ACCESSING THE PRAISEWORKS SITE OR
APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE
BOUND BY THEM.
Updated August 13, 2014