Terms of Use, Conditions, Disclaimers and Policies

Terms of Use, Conditions, Disclaimers and Policies

Welcome to www.cancerharbors.com (the “Website“). The Website is owned and operated by Sunspirit Wellness Services, LLC. (“SWS“, “us”, “we“ or “our”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website and the services of SWS, you signify your agreement to these Terms of Use and you will become a Member. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

Please review our Privacy Policy (below), which also governs your visit to the Website, to understand our privacy practices.

Minors cannot participate in this program. By registering as a Member, you represent and warrant that you are at least 18 years old.

Restrictions on Use/ Limited License – All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws.  All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Grant of License and Right to Use-We grant you a limited license to access and make personal use of the Website.

No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, individual use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder.

Fees and payments – In consideration of your use of the SWS website and becoming a Member, you authorize SWS to charge to the credit card account or deduct from a bank account designated by you during the purchase. The current rates for the Cancer Harbors services are:

 

Basic Membership Fee – $25.00 per month, which includes applicable taxes and service fees . Once you become a Member, your rate will remain at this level for at least a year. This amount will be charged or deducted on a monthly basis, or you may choose to make one annual payment of $275.00.

 

Services/Information Provided – for the consideration provided for the Basic Membership, you will receive access to the following information and services:

  1. Downloadable pdfs as posted on the site for paid members.
  2. Videos, where offered.
  3. Periodically, there will be opportunities to participate in videoconferences with a Cancer Harbors health coach and other Members for interactive support. Such videoconferences will be pre-set by SWS and will be available at scheduled times for Members to opt into. There will not be make-up or individual sessions for Members who cannot participate during pre-set times.
  4. Email support for questions-this will be limited to reasonable time and subject matters as determined in the sole discretion of SWS.

 

Personal Coaching Sessions – you may sign up for personalized one-on-one sessions with a cancer health coach. These sessions will be conducted by teleconference or by phone. The hourly rate for such sessions is $125 per hour and will be provided in minimum 15 minute increments.

 

SWS will track the time spent on Personal Coaching Sessions and deduct or charge for such time in the same manner utilized for the Basic Membership Fee.

 

Short-term Individual Health Coaching Packages – for Members wanting a package of individualized sessions, SMS offers three sessions for the total cost of $325. This package includes intake assessment; discussion of goals, priorities and learning needs; and a follow-up session. All three sessions must take place within six months of initial intake and the charge for such sessions will be made at the time of such intake.

 

NOTE-Rates for all Cancer Harbors Services are subject to change in the sole discretion of SWS.

 

Password, Account ID and User Name – Once you are registered as a Member, you will select a password,,account ID, and User Name for your ongoing use so you can access and use certain areas of the Website You may not authorize others to use your membership and cannot share your password. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND SWS, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

Member is solely responsible for protecting the security and confidentiality of their password, ID and User Name. Member shall immediately notify SWS of any unauthorized use of these items, or any other breach or threatened breach of the Website’s security of which you are aware. Member will be responsible for any activity conducted under your password, account ID or User Name. Your User Name may show up on forums or in other ways. Therefore, choose it carefully so it will not identify you if that is your desire.

System Requirements – Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). SWS may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you. Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to SWS.

Disclaimer of Warranty – All content on this website is provided “AS IS”.  There is no warranty of any kind, expressed or implied.  To the fullest extent permitted by the law, we disclaim any and all warranties, expressed or implied.  This includes merchantability, fitness for any purpose and non-infringement.  We do not warrant the function of any content.  We do not warrant that any content will be uninterrupted or error free.  There is no warranty that servers are free of viruses and you assume all cost of servicing and repair of any of your equipment or software.  We make no warranty related to the results of use of any content, product or service contained on or offered on any other website linked to SWS’s website.

We can’t be sure that you will be happy or satisfied with products or services purchased from third party websites that link to or from this website.  We do not endorse any of the products and have not confirmed the accuracy of any information provided by third party websites.  You hereby waive any claims against us with respect to information, content, and security of third party websites.  We encourage you to investigate any third party websites before proceeding with any online or offline transactions.

Indemnification – You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

Liability Limitation – We will not be liable to you or anyone else under any circumstance (including negligence) whether direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind.

We will not be liable for any delay or failure in performance.

The limitations, exclusions and disclaimers in these terms of use apply to the maximum extent permitted by applicable law.

Applicable law may not allow certain of the exclusions, limitations or disclaimers of liability set forth in these terms of use.  Such exclusions might not apply to you.

Changes – We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

Termination and Refund Policy– These Terms of Use are effective until terminated by either you or SWS. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

 

Sunspirit Wellness Services

2813 Balmoral Drive

Fort Collins, CO 80525

 

 

You may terminate the service during the first 30 days and a full refund will be given, with no further obligation. After the first 30 days, there will be no refunds and Member will be charged for a full year of services. We may terminate these Terms of Use (including your access to and use of the Website) without cause, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

Applicable Laws –These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Colorado.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Larimer County, Colorado, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Larimer County, Colorado, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Communications – When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Discussion Forums- You may choose to participate in one or several Discussion Forums offered periodically by SWS. These can be a great way to learn and share. If you choose to participate, you will be identified by your User Name. If you reveal your identity when you participate in a forum or in any other manner, you incur all liability which may result from such disclosure, whether related to your personal privacy or other potential claims. Therefore, please do not share confidential, personally identifying, or protected health information (PHI) on such forums. Additionally, do not post obscene, harassing, threatening, illegal, or offensive material on such forums.

Statements made in the Discussion Forums by participants reflect only the views of the authors and should not be considered authorized or endorsed by Cancer Harbors. Cancer Harbors’ staff does not monitor or filter the forums, though they may answer questions or post replies as they see fit. Information posted by Cancer Harbors’ staff, its advisors, volunteers, or forum participants should never be considered medical advice. For medical advice, please consult a physician.

 

Teleconferencing-You may also choose to participate in one of several Teleconferences offered periodically by SWS. If you choose to participate and you identify yourself in any manner, you do so at your own risk and incur all liability which may result from such disclosure, whether related to your personal privacy or other potential claims. For Teleconferencing, SWS will use Go To Meeting. Members participating in Teleconferences must also agree to the Go To Meeting terms of use, which will be presented to them upon registration.

NOTE: The Forums and Teleconferences are open to all Members. Therefore, you should not reveal anything private or embarrassing about yourself and you must respect the confidentiality of all other Members.

Other –We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

Privacy Policy – At Sunspirit Wellness, user privacy is of utmost concern. We are committed to protecting your privacy and security, and to providing you the best possible user experience. This policy may be updated occasionally, so check back frequently and contact us if you have any questions.

We will never disclose your personal information to any third party without your consent, except in limited circumstances to our affiliates or business partners with whom we have established agreements that also protect your privacy. If you chose to share Protected Health Information as defined by the Health Insurance Portability and Accountability Act (HIPAA), please do so using the safeguards and processes described in the Password, Account ID and User Name section herein. Additionally, if you choose to share your health information with a Cancer Harbors coach, you should only use one of the following two methods:

  1. Encrypted Email using the email address: alene@cancerharbors.com.  This is the only protected email to be used for sending such information. When you use this email, all correspondence will be returned via encrypted email for which you will need to follow the protective instructions for each message sent to you. It will instruct you to create a one-time, temporary password to retrieve the information.
  2. Secure, Encrypted Fax-use secure fax line at 1-844-204-1290.

Your Security – Sunspirit Wellness has taken the following important measures to protect against loss, misuse or alteration of your personal information. Number one, we store no financial information on our sites. When we do transmit your data, we use only Secure Servers using current encryption technology to encode your data safely.

The personal data we do store on our system is protected by firewall and password. Our network firewall is a combination of hardware and software designed to keep unauthorized users from accessing our network. The password you select, along with your unique email address, prevents others from accessing your information. We suggest that you do not disclose your password to anyone.

Outside Links -While on SWS website, you may be led to other web sites. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that, once outside of our website, any information you submit is outside of our control.

Disclosure – Occasionally, we hire consultants that may need access to our member database to perform their services for us. We take great care to require that these business partners agree by contract not to use any member information to which they may receive access.

We may contract with outside companies to administer our mailing lists or provide retail services. Your personal information may be shared with an outside company for the sole purpose of administering the products, services and programs you have selected.

This website does not provide medical advice. 

Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. It is your responsibility to speak with your physician or other healthcare professional before taking any medication, nutritional, herbal or homeopathic supplement, using any product, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site or affiliated sites by you DOES NOT create a physician-patient relationship between you and any of the coaches affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Everyone is different, not all products or services are suited for everyone.  The creators of any products or services will not have any liability to users for injury or loss in connection therewith.  SWS makes no representation or warranty and disclaims all liability concerning any treatment or any action that is taken following the information provided within or through the website.  If you have any concerns, you should consult with your own physician or a trained specialist.  DO NOT disregard your doctor’s advice because of any information offered or provided within or through the website.

 

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS DOUCMENT.

YOU ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THAT IT IS AN AGREEMENT, CONTAINS TERMS OF USE AND IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO ALL OF ITS TERMS.