Consumer Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Miracles Ultimate Wellness Resources website (“miraclesdirectory.com/”, “Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
The Service
We host third party practitioners of the healing arts (“Practitioners”) who utilize the Website to advertise, market and sell products and services (“Practitioner Services”) to Users of the Website.
Membership
You must be at least eighteen (18) years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age.
Billing and Payments
We charge you no fees for express use of the Practitioner Services advertised on this Website. Services rendered by any of the Practitioners are solely the costs and fees of said Practitioner and do not reflect the policies or procedures of the Operator. However, in addition to hosting Practitioner Services, we offer you the option on this Website to enroll in various other services and membership subscription packages for each of which we charge a fee or price proportionate to the service and subscription package provided. We reserve the right to change our fees and prices with advance notice of thirty (30) days posted on our price listing page(s) and/or sent to you by email. Should you choose to continue the service, you will be charged the new price after the end of your current billing cycle, whether monthly or annual, when the next billing cycle begins.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website without specific request from the practitioner; including, without limitation, pricing information. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Practitioner Services has been modified or updated.
Practitioner Services
If you decide to enable, access or use any Practitioner Services, be advised that your access and use of these services are governed solely by the terms and conditions of these services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of these services, including, without limitation, their content or the manner in which they handle data (including your data), or any interaction between you and the provider of such other services. You irrevocably waive any claim against the Operator with respect to such Practitioner Services. The Operator is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any of these Practitioner Services, or your reliance on the privacy practices, data security processes or other policies of these services. You may be required to register for or log into these Practitioner Services on their respective platforms. By enabling any of these Practitioner Services, you are expressly permitting the Operator to disclose your data as necessary to facilitate the use or enablement of this service.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime from such hardware failure or data loss.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any Practitioner or other third party linked to the Website. You should carefully review the legal statements and other conditions of use of any resource that you access through a link on the Website. Your use of any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others [*See below for a description of intellectual property infringement.]; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, Practitioner or third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, Practitioner products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Disclaimer of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Practitioner Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We make no warranty that the Practitioner Services will meet your requirements, or that any Practitioner Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of such Practitioner Service or as to the accuracy or reliability of any information obtained through such Practitioner Service or that defects in the Practitioner Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of said Practitioner Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any Practitioner Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through any Practitioner Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one-month period or remainder of the billing cycle prior to the first event or occurrence giving rise to such liability.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any Practitioner or other third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the effective date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Return Policy
Operator is not responsible for any returns or reimbursement from any services or products provided by Practitioners or other third parties you engaged for products or services. All return policies are based on the terms of use and conditions of said Practitioners and third party distributors as stated in written, oral or online form in regards to their specific offerings.
Termination
You have the right to terminate or discontinue use of any of the Services at any time. However, you will be billed for the remainder of the billing cycle for which you paid for that service, whether monthly or annual. We do not offer refunds or chargebacks on a pro rata basis for any unused portion of your subscription time during the current billing cycle.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing and using the Website and Services and Practitioner Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contacting Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
Intellectual property (“IP”) infringement can mean, but is not limited to, the following examples:
Copyright Infringement
- Uploading product images, text, videos, or other creative works copied from the Website onto from a third-party website, catalog or online platform.
- Using photos, artwork or videos without permission from us.
- Posting blog articles, product descriptions, or manuals directly copied from the Website without permission.
- Sharing downloadable files (e.g., articles, blogs and videos) that you do not have the rights to distribute with the intent to profit.
Trademark Infringement
- Using the Website’s brand name, logos, or slogans without authorization in a way that could cause consumer confusion.
The following other uses are also prohibited
- Circumventing watermarks, copyright notices, or other protective measures to use content on our Website.