Terms of Service
BY ENTERING THIS WEBSITE YOU AGREE TO THE FOLLOWING TERMS OF SERVICE
This website, located at www.zilliance.com, and any mobile application or platform connected or associated with this website (collectively, "Website"), is owned and operated by Pillars4Life, Inc., a California corporation (the "Company," “we,” or “us”).
If you think you have a medical or psychological emergency, Call 911 Immediately.
Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website. If you are in crisis, we encourage you to reach out for help to a crisis help line. Crisis help lines and service providers can be found online or in your phone book, or contact any of the following organizations:
National Suicide Hotline 800-273-TALK (800-273-8255)
National Domestic Violence Hotline 800-799-SAFE (800-799-7233)
National Child Abuse Hotline 800-4-A-CHILD (800-422-4453)
National Mental Health Association Information Center: www.nmha.org
Nature of Content: The Website Content is educational and informational in nature and is provided only as general information and is not medical or psychological advice, opinion, diagnosis, treatment or guarantee. The Website is not intended to create and does not constitute any professional relationship between Pillars4Life, Inc., or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents (collectively, “we,” “us,” “our,” or “Pillars”). The Website is not intended to solicit clients for any health or mental health service; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, they are limited to providing information and education, and are not providing any clinical service via the Website.
This Terms of Service document (“Terms of Service” or “Agreement”) is a legal agreement between you and the Company. It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code (the “Website Content”). Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Service. If you do not indicate your acceptance of the terms and conditions contained in this document by clicking the I ACCEPT box at the end of this document, you may not access or use the Website.
When you visit this Website and send phone messages, text messages, and/or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. The Company will communicate with you by telephone, text, email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
The Company may revise or update the Terms of Service at any time. You will be given the opportunity to accept revised or updated Terms of Service by clicking an acceptance box contained in the email notice you will receive from the Company. If you do not agree to the revised or updated Terms of Service at that time you will lose access to the Website.
In addition to the Website material, the Company provides to users who become members (“Members”) one or more self-help curricula, including, without limitation, workbooks, journals, CDs, live video conference classes, recorded lectures, power point slides, scripts, handouts, video presentations, webinars, live phone calls or, and other information and tools (each such curriculum, the “Licensed Content”). Members pay a membership fee (the “Membership Fee”) for each Licensed Content. The Company employs staff (the “Pillar Guides”) to distribute and provide such Licensed Content, including through online informational and educational courses (“Information Sessions”).
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements including this Terms of Service. You are solely responsible for knowing and understanding your local laws concerning standards of content legality.
The Company, in its sole discretion, may refuse to accept your registration due to noncompliance with any eligibility requirement.
Code of Conduct
You may not use the Website Content, or any service the Company provides, in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Terms of Service Agreement. These prohibitions on the use of the Company’s Website or other communication facilities include, without limitation, the following:
You may not post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person. You may not post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others. You may not attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property. You may not upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise. You may not use any of our tools and services in any manner that could damage, disable or impair our services or networks.
You may not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You may not use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose.
You may not harvest or otherwise collect information about others, including names, addresses, or e-mail addresses.
Right to Termination
Right to Remedies
You agree that any violation, or threatened violation of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Links on the Website are provided only as an informational resource, and it should not be implied that we recommend, endorse or approve of any of the content at the linked sites, nor are we responsible for their availability, accuracy or content. Your reliance on such information is solely at your own risk.
Testimonials and Endorsements
Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Another way to state this is that results experienced by any one individual who has written a testimonial or endorsement are not necessarily what any other consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction to or with you.
No Guarantee or Warranty
We expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.
We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completeness, or adequacy of the Content. The Website is provided on an “AS-IS” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Unless you are a Member, in which case the terms of the Arbitration clause, below, will apply, if you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy.
To the extent the Website lists practitioners, we are merely a directory and do not certify or credential practitioners and are not liable for certifying or credentialing practitioners. We make no representations or warranties about any practitioner, nor do we have any supervisory or other responsibility for any outside clinical practice a listed practitioner may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any practitioner. The inclusion of a list of practitioners on the Website does not imply recommendation, referral or endorsement of such practitioners, nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the listed practitioners.
We are not liable for claims for negligent credentialing or for negligent supervision of any such practitioner. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not make any treatment decisions. We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular healthcare problem. Communications on or through the Website do not create patient-professional or any other type of relationship of any kind that may be the subject of any associated privileges or confidentiality protections.
You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party.
Limitation of Liability
We are not liable for any damages (including, without limitation, direct, indirect, incidental, special, and consequential damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not we have been advised of the possibility of such damages)) or damages resulting from lost data or business interruption resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this web site, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our web site, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on our web site, (vii) any of your lost profits for spending any time on the Website or any articles or comments posted on the Website or, (viii) any other matter relating to the Website. You acknowledge that this paragraph applies to all content, merchandise and services available through the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, is limited to the amount paid by you for any product or service purchase by you from us through the Website; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.
By viewing the Website you agree to fully release, indemnify, and hold the Company harmless, from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of or reliance on the information presented on the Website.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other audio/visual content owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other audio/visual content or any and all activities or actions related thereto.
By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Website Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party suppliers. The use of Website Content by you is prohibited unless expressly permitted in writing by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company's sole discretion). The Company reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this Company Website or this Terms of Service. Any unauthorized use terminates the permission or license granted to you by the Company.
The Company does not warrant or represent that your use of Website Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Website Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Website Content. The Company is not responsible for any claims against you regarding ownership rights to any images or data. You will indemnify, defend and hold harmless the Company from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Service.
If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide the Company's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) 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. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat violators of infringement.
Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of the Company, the Consultants, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.
No Statement as to Accuracy: The Company has no editorial control or responsibility over the Website Content included in the Website provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Website are those of such third party suppliers or users, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
Links to Third Party Sites: This Website may contain hyperlinks to other sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other sites that are not owned, operated or maintained by the Company, you acknowledge and agree that the Company is not responsible for and is not liable for the content, products, or services on or available from such sites. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third party sites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific Terms of Service and privacy policies that you should review. The Company is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Company will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. The Company is not responsible for the privacy practices of any other websites.
Special Terms Applicable to Members
Members agree to be bound and are bound by these Terms of Service, and, in addition, to the following:
License for Licensed Content
In consideration of the Membership Fee, the Company grants Members, subject to these terms and conditions, a non-exclusive, non-transferable license and right to use and access individual screens containing the Licensed Content on appropriate computer terminals. Member acknowledges that Member does not become the owner of Licensed Content, but is entitled to access the Licensed Content for his or her use only and may not share passwords or other access information with any third party, or to utilize the Licensed Content except as specifically permitted per the terms of this Agreement and subject to all additional intellectual property notices, information or accessed through the Website.
Member will keep confidential any and all information gleaned during any Information Session, including but not limited to names and health information of other Members, and not to use or release any such information to any third party, as required by applicable laws governing the confidentiality, privacy, and security of health and other sensitive information.
Assumption of Risk and Release; Indemnification
Member understands, acknowledges, and freely assumes all risks, including psychological and emotional risks (whether or not foreseeable to us or Member), relating to Member’s activities with respect to the Licensed Content, or relating to any activity, information, or service, provided by us or any of our agents or employees, with regard to the Licensed Content. Member assumes personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that I or my property may suffer arising out of or in connection with the Licensed Content or Member’s participation therein. Member releases us, our successors, assigns, employees, representatives, agents, and any other persons acting under our permission or authority (including, without limitation, the Pillar Guides) from any duty to protect Member from harm in connection with the Licensed Content and/or Member’s participation therein or attendance thereat. Member agrees to fully release, indemnify, and hold harmless, Pillars from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, which Member may incur arising at any time out of or in relation to your use of or reliance on the Licensed Content.
Recording and Use Release
Member understands and agrees that, in connection with Member’s use of the Licensed Content as a Member, the Company, for its own internal and/or training purposes, may record Member, including Member’s name, image, likeness and/or voice. Member hereby irrevocably and perpetually grants to the Company the right to record Member, including, without limitation, Member’s name, image, likeness and/or voice, in any format or medium, whether now known or hereafter devised, and to make, use, publish, perform and/or play back, in whole or in part, in any format or medium, whether now known or hereafter devised, any recorded footage (the “Recordings”) in which Member’s name, likeness, image and/or voice may be included. This includes, without limitation, the right to edit, mix, duplicate, use, or re-use, such Recordings as the Company may desire without restriction as to change or alterations, including, without limitation, to use any portion or aspect of such Recordings in conjunction and/or incorporated with any other materials of any nature in connection with the Licensed Content as it evolves. The Company will have complete ownership of all Recordings in which Member or Member’s performance or contribution appears. Member hereby waives any and all right that Member may have to inspect or approve the finished product or printed matter that may be used in connection with any such Recordings. Member understands that these Recordings will be used for the Company’s internal and/or training purposes but that the Company may not use such Recordings for any commercial purposes unless it has obtained Member’s prior written consent. Member hereby irrevocably, unconditionally and forever releases and holds harmless the Company and its successors, assigns, employees, representatives, agents and any other persons acting under its permission or authority (including, without limitation, the Pillar Guides) from any claim or liability of any kind arising out of or in connection with the Recordings, any other uses of any kind of Member’s name, image, likeness and/or voice, and/or any other uses or representations described herein, including, without limitation, claims for defamation, privacy or copyright infringement.
CAN-SPAM ACT Compliance
The Company is committed to being compliant with the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" ("CAN-SPAM Act"), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at email@example.com. You can click to unsubscribe or opt-out of email communications from the Company at any time or reply by typing "unsubscribe" in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user, you will become ineligible for receipt of and use of our services.
This Terms of Service Agreement constitutes the sole Terms of Service Agreement between you and the Company relating to your use of the Website and Licensed Content, and no representations, statements or inducements, oral or written, not contained in this Agreement may bind either you or the Company. Any of the terms of this Agreement which are determined to be invalid or unenforceable will be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole.
We both agree that if we cannot enforce a part of these Terms of Service as written due to a conflict with state or federal law, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions.
You may not assign, transfer or delegate your rights or obligations within these Terms of Service in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Service, and any rights and duties hereunder or thereunder. These Terms of Service will be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Service, may not be considered waiver thereof, which can only be made by signed writing. No waiver by the Company or you of any right under this Terms of Service Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
The Terms of Service are governed by and construed in accordance with the laws of the State of California, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Subject to the provisions of this Terms of Service, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California, as provided below.
This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Any dispute between The Company and you will be referred to Arbitration of the dispute by one or more impartial persons for a final and binding determination. The Arbitration proceeding will be conducted in accordance with established arbitration rules of the American Arbitration Association (“AAA”). In arbitration proceedings, there will not be a jury, and by agreeing to these Terms of Service YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY. While the Company urges that you contact us to resolve any disputes, you are permitted to proceed directly to arbitration without any such attempt on your part.
Any dispute must be initiated with an AAA arbitrator in Los Angeles, California, within one year of occurrence or at the latest date permitted by law. Any dispute that arises may only be resolved through an individual arbitration and shall not be brought as a class action, class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct class arbitration or other representative proceeding, and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law. As in the rest of this Agreement, if one part of this arbitration clause is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and the rest of this clause and Agreement shall be valid.
The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. This Agreement may be modified only in writing authorized by Company.
Notwithstanding any provision in this Agreement to the contrary, the following provisions will survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Indemnification; Intellectual Property (Copyright, Trademark and Service mark, and Ownership of information submitted via this Website); Third-Party Content; Special terms Applicable to Members; Miscellaneous Terms.
If you have any questions or concerns about these Terms of Service, please contact us at firstname.lastname@example.org or the mailing address provided below. We will attempt to respond to your questions or concerns promptly.
Attn: Terms of Service Policy
345 N. Maple Dr. 208
Beverly Hills, CA 90210
These Terms of Service were last updated and posted on April 4, 2017 © 2017 Zilliance - All Rights Reserved