Healingbydawn.com (“Dawn”) is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of Dawn, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us that you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and Dawn Bailey, regarding your use of Dawn. If you do not agree with any of these terms, please exit Dawn.
Copyright
All of the information, content, services and software displayed on, transmitted through, or used in connection with Dawn, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Dawn Bailey, and its affiliated companies, licensors and suppliers. Dawn Bailey actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of Dawn Bailey.
Requests to use of the Content for any purpose other than as permitted in this paragraph should be directed to us via email. If we have authorized a third party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
Copyright Complaints
Dawn respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Dawn, please contact us at the address listed below under the heading “Contact Us.”
Trademarks
The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by Dawn Bailey and its affiliated companies, and Marks owned by other information providers and third parties. For example, Dawn is a trademark of Dawn Bailey. No Marks may be used in any manner unless approved in advance by Dawn.
Links to, and Frames of, Dawn
If you operate a Web site and wish to link to Dawn, you may link only to the home page, healingbydawn.com, and not to any other page or subdomain of Dawn. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of Dawn without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Dawn, not to insert any code or product or manipulate the content of Dawn in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of Dawn.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES PROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties Through Dawn
Your dealings or communications through Dawn with any party other than Dawn are solely between you and that third party. For example, certain areas of Dawn may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Dawn be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
General Disclaimer and Limitation of Liability
While Dawn uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Dawn does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on Dawn may be provided and/or hosted by third parties. Dawn has not reviewed all of the sites linked to Dawn and is not responsible for the content of any off-site pages or links to or from any other sites. While Dawn encourages such third parties to abide by these Terms of Service, Dawn has no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF DAWN IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH DAWN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER DAWN BAILEY, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING DAWN, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. DAWN MAKES NO WARRANTY THAT DAWN WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DAWN OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DAWN DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE DAWN. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
DAWN SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING DAWN WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH DAWN , INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH DAWN . DAWN ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, DAWN OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM DAWN .
IN NO EVENT SHALL DAWN OR DAWN BAILEY, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAWN OR DAWN BAILEY, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DAWN AND DAWN BAILEY, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF DAWN; (B) DAWN’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users
Dawn is controlled, operated and administered by Dawn Bailey from its offices within the United States. Dawn makes no representation that materials or Content available through Dawn are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Dawn or export the Content in violation of U.S. export laws and regulations. If you access Dawn from a location outside the United States, you are responsible for compliance with all local laws.
Miscellaneous
Dawn Bailey reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of Dawn after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
Dawn Bailey may modify, suspend, discontinue or restrict the use of any portion of Dawn , including the availability of any portion of the Content at any time, without notice or liability. Dawn Bailey may deny access to any person or user at any time for any reason. In addition, Dawn Bailey (or Dawn) may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Dawn Bailey, Dawn or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Dawn must be filed in a federal or state court located in Los Angeles, California, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Dawn to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Dawn , and all other provisions for which survival is equitable or appropriate.
Contact Us
To contact Dawn Bailey in writing, please use the following:
Dawn Bailey
2118 Wilshire Blvd., #110
Santa Monica, CA 90403-5784