Terms and Conditions — Moon And Quill

Terms and Conditions

General

This website (the “Site”) is owned and operated by Patricia

Hawley www.moonandquill.com By using the Site, you

agree to be bound by these Terms of Service and to use the

Site in accordance with these Terms of Service, our Privacy

Policy and any additional terms and conditions that may

apply to specific sections of the Site or to products and

services available through the Site or from COMPANY.

Accessing the Site, in any manner, whether automated or

otherwise, constitutes use of the Site and your agreement

to be bound by these Terms of Service. We reserve the

right to change these Terms of Service or to impose new

conditions on use of the Site, from time to time, in which

case we will post the revised Terms of Service on this

website. By continuing to use the Site after we post any

such changes, you accept the Terms of Service, as

modified.

Personal Experience & Advice

The Site Content cannot replace or substitute for the

services of trained professionals in any field, including, but

not limited to, financial, medical or legal matters. We

encourage you to seek the advice of professionals, as

appropriate, regarding the evaluation of any specific

information found on the Sites. Your access and use of the

Sites does not in any way create a physician/patient,

confidential or privileged relationship, or any other

relationship that would give rise to any duties on our part

or the part of its contributors. We do not endorse any

specific tests, physicians, procedures, opinions, or other

information that may appear on the Sites. Your reliance on

any information provided on the Sites is solely at your own

risk. We make no representations or warranties

concerning any treatment, action or application of

medication or preparation by any person following the

information offered or provided within or through the

Sites. We are not liable for any direct, indirect,

consequential, special, exemplary or other damages that

may result, including but not limited to, economic loss,

injury, illness or death.

This is not a Substitute for Medical Advice and does not

constitute Medical Advice

Content on this and related sites in no way constitutes

medical advice and is not intended to be a substitute for

medical advice, diagnosis, or treatment. Always seek the

advice of your physician or other qualified health provider

with any questions you may have regarding a medical

condition. We also advise you to consult with your medical

doctor before changing your diet or lifestyle. Never

disregard professional medical advice or delay seeking it as

a result of your use of site content. We make no guarantees

about your experience or results from your use of content

and you release Crazy Sexy Wellness, its officers,

employees, and consultants of any liability relating to your

use.

User Requirements

You must be at least 18 years old to participate on our

Sites. We do not knowingly collect personal information

from anyone under the age of 18. If you are under the age

of 18, with the permission of your parent or legal guardian,

you may view the Sites as a visitor.

Applicable Laws

We comply with the CAN-SPAM Act, the Children’s Online

Privacy Protection Act, the Digital Millennium Copyright

Act and all applicable rules, regulation laws, statutes,

ordinances, codes, and guidelines, including those of the

Federal Trade Commission (collectively, “Applicable

Laws”) By using the Sites you agree to abide by all

Applicable Laws and to refrain from assisting anyone to

evade any Applicable Law.

AGREEMENTS FOR VISITING THIS SITE

By accessing the Sites, you agree not to:

• use the Sites in any unlawful manner or in any manner

that could damage, disable, disrupt or impair the Sites or

interfere with any other user’s use and enjoyment of the

Sites

• use spiders, robots, data mining techniques or similar

data methods to download or otherwise, store, publish or

distribute the content of the Sites

• intercept or misappropriate data or personal

information from the Sites

• post, transmit, publish, share or otherwise make

available any information, software or other material that

contains a virus, malware or any other harmful component

including but not limited to trojan horses, trap doors, back

doors, easter eggs, worms, time bombs, cancelbots or

computer programming routines that are intended to

damage or interfere with the Sites

• intimidate, harass or insult other users

• post, transmit, publish, share or otherwise make

available any content that is abusive, harmful, unlawful,

fraudulent, threatening, infringing, hateful, harassing,

defamatory, insulting, obscene, profane, racist, or

otherwise objectionable

• post, transmit, publish, share or otherwise make

available content that would incite a criminal offense,

violate the rights of others or that would otherwise create

liability or violate any Applicable Laws

• post, transmit, publish, share, or otherwise make

available any inappropriate advertising, solicitations or

promotional materials including junk mail or spam that

would violate the CAN-SPAM Act

• inappropriately post transmit, publish, share, or

otherwise make available or solicit private information

such as phone numbers, addresses, social security

numbers

impersonate any person or entity (including, but not

limited to, any of our employees or representatives), or

falsely state or otherwise misrepresent yourself, your age

or your affiliation with any person or entity

• use your account or another user’s account in an

inappropriate or unauthorized manner

• post the same message or comment multiple times

We reserve the right to monitor communications on the

Sites between you and other users.

User Registration

If you access the Sites as a visitor, you will not be required

to provide personally identifiable information. However,

to access certain Services, you may be required to register

or to create an account and to provide certain information.

Restrictions on Use of Site Content

Our trademarks and service marks, along with our trade

names, trade dress (the “Marks”) and designs and all other

content found on our Sites, including, but not limited to,

articles, recipes, art, designs, graphics, text, postings,

images, links, photographs, videos, information, and

music (collectively, the “Site Content”) is our property

and/or the property of its respective owners. Unless noted

otherwise, you may access the Sites or the Site Content for

your personal and non-commercial use only. You will not

acquire any ownership rights by downloading the Site

Content. You may not use, modify, copy, publish, display,

transmit, adapt, frame or in any way exploit the Site

Content, in whole or in part, without our prior written

authorization and the authorization of all respective

owners of the Site Content. You must abide by all

Sites. Any unauthorized of the Site Content will terminate

any permissions granted herein. Such unauthorized use

may also violate Applicable Laws, including copyright and

trademark laws. Unless explicitly stated herein, nothing in

these Terms of Use shall be construed as conferring any

license to the Marks or Site Content.

User-Generated Content

We are not responsible for content posted, transmitted,

published, shared or otherwise made available by users on

or through the Sites (“User Content”). User Content,

includes, but is not limited to, trademarks, trade names,

service marks, trade dress, articles, recipes, art, designs,

graphics, text, postings, images, links, photographs,

videos, information, and music (collectively, “User

Content”). We are a distributor (and not a publisher) of

User Content. Accordingly, we have no more editorial

control over such User Content than does a public library,

bookstore, or newsstand. User Content does not reflect our

opinions or views. Although we may monitor the Sites, we

do not review all User Content. We do not endorse any

User Content and make no warranties, whether express or

implied, as to the accuracy, integrity or quality of any User

Content. Under no circumstances will we be liable in any

way for User Content, including, but not limited to, any

errors or omissions in any User Content or any loss or

damage of any kind incurred as a result of the use of or

reliance on any User Content. We retain the right to

archive or make any discussion “Read Only” or to reject,

modify or remove any User Content (without notice or

liability) if we consider any User Content to be in violation

of these Terms of Use or otherwise inappropriate or

harmful to the Sites in our sole discretion. Regardless of

whether we remove such User Content, users remain

solely responsible and liable for their User Content.

By posting, transmitting, publishing, sharing or otherwise

making available User Content on the Sites, you

automatically grant (or warrant that you have the express

authority from the owner of such User Content to grant) us

a worldwide royalty-free, perpetual, irrevocable, non-

exclusive right and license to use, reproduce, adapt,

translate, publish and distribute such User Content (in

whole or in part). We also have right to incorporate and

adapt the User Content in other works in any form, media

or technology now known or hereafter developed. You

further grant any other user of the Sites to access, view,

store or reproduce the User Content for that user’s

personal non-commercial purposes. Additionally, you

represent and warrant that (1) no element of your User

Content will violate or infringe upon the intellectual

property or privacy rights of any third party and (2) you

(and any licensor of content that you post on the Sites),

have waived any “moral rights” in connection with your

User Content. You are solely responsible for paying all

royalties and other fees that might be due to any person or

entity by reason of any User Content posted by you on or

through the Sites. You acknowledge you are not entitled to

any compensation for any User Content you post on the

Sites.

Links to Third-Party Sites

The Sites may contain links to other sites (“Third-Party

Sites”) containing content, goods, services, and

applications not owned by us. These Terms of Use apply

only to our Sites. We do not control, endorse, take

responsibility for, investigate, monitor or check for

accuracy, appropriateness or completeness of any content

of Third Party Sites. You release us from any and all

liability, direct or indirect, and for any loss or damage in

connection with your use of, or reliance on, any content of

Third-Party Sites.

We respect other people’s intellectual property rights.

Therefore it is our policy to remove any materials that

infringe upon another party’s intellectual property rights.

In accordance with the Digital Millennium Copyright Act

(the “DMCA”), and upon proper notice, we will remove

User Content (and any other Site Content) that violates

send an email to alicekhalsawellness@gmail.com

containing the following information: (i) the identification

of the copyrighted work; (ii) the location the material on

the Sites; (iii) your contact information; (iv) a statement

that you have a good-faith belief that the use is

unauthorized, (v) a statement that you are the copyright

owner or authorized to act on the copyright owner’s behalf

and (vi) a statement, made under the penalty of perjury,

that all the information in your notice is accurate; and (vii)

your signature (physical or electronic).

By submitting a notice, you acknowledge and agree that we

may forward your notice and any related communications

to any users who posted the material identified in such

notice or to other third parties.

If you believe that your User Content has been wrongfully

removed from the Sites, you may send us a counter notice.

The counter notice must be in writing, sent to the email

address above, and include: (i) identification of the

material that has been removed; (ii) your contact

information; (iii) a statement that you have a good-faith

belief that the material was improperly removed; (vi) a

statement that you consent to the jurisdiction of the

Federal District Court in the Western District of New York,

and agree to accept service of process from the person who

submitted the original notification that resulted in your

User Content being removed (or an agent of such person)

in the event he or she elects to file suit; (vi) a statement,

made under the penalty of perjury, that all the information

in your counter notice is accurate (vii) your signature

(physical or electronic). By submitting a counter notice,

you acknowledge and agree that we may forward your

counter notice and any related communications to the

person who submitted the original notice that resulted in

the removal of your User Content or to other third parties.

Warranties

YOU USE THE SITES AT YOUR OWN RISK. THE SITES

(AND ANY PORTION OF THE SITES) ARE PROVIDED

“AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO

THE FULLEST EXTENT PERMITTED BY THE

APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY

AND ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED (INCLUDING, WITHOUT

LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR

USE OR PURPOSE AND NON-INFRINGEMENT). We

make no warranties or representations about the accuracy

or completeness of content available on or through the

Sites, the Site Content, or the content of any websites, any

social media or other Internet resources linked to the Sites

and assume no liability or responsibility for any: (i) errors,

mistakes, or inaccuracies contained on the Sites; (ii)

personal injury or property damage, of any nature

whatsoever, resulting from your access to or use of the

Sites (or any parts thereof); (iii) any unauthorized access

to or use of our secure servers and/or any and all personal

information stored therein; (iv) any interruption or

cessation of transmission to or from the Sites; (v) any

bugs, viruses, Trojan horses, malware or the like which

may be transmitted to or through the Sites (or any parts

thereof) by any third party; and/or (vi) for any loss or

damage of any kind incurred as a result of the Site

Content, the use of the Sites and/or through your or any

other users’ exercise of any rights granted by us herein. We

reserve the right, in its sole and exclusive discretion, to

change, modify, add, remove or disable access without

notice to any portion of the Sites (including, without

limitation any of the Services).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER

APPLICABLE LAWS, IN NO EVENT WILL WE BE

LIABLE TO YOU OR ANYONE ELSE UNDER ANY

THEORY OF LIABILITY (WHETHER IN CONTRACT,

TORT, STATUTORY, OR OTHERWISE) FOR ANY

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL

OR EXEMPLARY DAMAGES, INCLUDING BUT NOT

LIMITED TO, DAMAGES FOR LOSS OF USE, DATA,

REVENUES, PROFITS, GOODWILL, OR OTHER

INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED

OF, KNEW OF OR SHOULD HAVE KNOWN OF THE

POSSIBILITY OF SUCH DAMAGES).

Indemnification

You agree to indemnify and hold harmless us and our

officers, directors, employees, representatives, licensees,

authorized designees, successors and assigns from any and

all claims, liabilities, damages, losses, costs, expenses, fees

(including reasonable attorneys’ fees and costs) connected

to (i) any of your User Content, (ii) your exercise of any of

your rights granted herein, (iii) the breach of any of your

warranties, representations, covenants, responsibilities or

other obligations set forth in these Terms of Use, (iv) your

violation of any person’s intellectual property, privacy,

publicity or other right, (v) the violation of any Applicable

Laws and/or these Terms of Use by you and/or anyone

using your registered account to access and/or otherwise

use the Sites (in whole or in part), or (v) your willful

misconduct or the willful misconduct of anyone accessing

the Sites through your registered account. We reserve the

right to assume the exclusive defense of any matter subject

to indemnification by you, and you shall agree to

cooperate with us in asserting any available defenses.

Jurisdiction

We control and operate the Sites from our offices in the

United States. We do not represent that materials on the

Sites are appropriate or available for use in other

locations. People who choose to access the Sites from other

locations do so on their own initiative and are responsible

for compliance with local laws, if and to the extent local

laws are applicable.

Arbitration

These Terms of Use will be governed by, and construed in

accordance with the laws of the State of New York. All

disputes related to these Terms of Use shall be submitted

for resolution to the American Arbitration Association’s

(“AAA”) New York, New York office. You hereby waive any

rights to bring any civil action in any court regarding such

disputes. The award rendered by the arbitrator shall be

final, and judgment may be entered into it in accordance

with the applicable law in the Circuit Court of New York,

New York. If either you or we desire arbitration, that party

agrees to serve written notice of the arbitration with the

other party and the AAA’s New York, New York office.

Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY THE

APPLICABLE LAWS, YOU HEREBY WAIVE THE RIGHT

TO JURY TRIAL WITH RESPECT TO ALL CLAIMS

RELATING TO THESE TERMS OF USE, AND THE

BREACH THEREOF WHETHER IN CONTRACT OR

T O R T A N D I N C L U D I N G A N Y C L A I M F O R

FRAUDULENT INDUCEMENT.

Severability; Waiver; Modification

If any provision of these Terms of Use is found unlawful,

void or for any reason unenforceable, then said provision

shall be severed from the remaining Terms of Use and

shall not affect the validity or enforceability of the

remaining provisions. Failures to timely exercise or

enforce any right or provision of these Terms of Use shall

not constitute a waiver of such right or provision. These

and us relating to the subject matter contained herein.

Injunction Relief

You hereby irrevocably waive any right to seek and/or

obtain injunctive or other equitable relief or any order

against us, and/or to enjoin or restrain or otherwise

impair in the production, distribution, exhibition or other

exploitation of any of our productions or projects.

Questions

If you have any questions regarding these Terms of Use,

you may contact us hello@moonandquill.com