Breaking Free From Depression.com

These Terms of Use define the terms by which you may use the BreakingfreefromDepression.com website (“Website”), and are an agreement between you and Conscious Health Ltd. (“Company”) (Company and the Website are collectively referenced as “we” or “us”).  By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder.  You should not use this Website, if you do not agree to these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately.  You should return to this page from time to time in order to ensure that you are aware of any changes.  The Privacy Policy posted to our Website also forms part of these Terms of Use.  We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website.  Any reference to our Terms of Use includes all such policies.

THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN IS MADE AVAILABLE BY COMPANY AND AUTHOR FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE ON DEPRESSION OR ANY OTHER MATTER.  BY USING THIS WEBSITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND COMPANY OR THE AUTHOR.  YOU FURTHER CONFIRM YOUR UNDERSTANDING THAT THIS WEBSITE SHALL NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR AREA.

1.         The Website

This Website is a blog and e-book marketing website designed to provide information to the public on how to overcome depression.

2.         Eligibility to Use Our Website

Only adults, who are at least eighteen (18) years of age, are eligible to use and make purchases on our Website.  In addition, to use the Website, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use.  By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

3.         Use Of Website

We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects.  If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.

If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;

(b) Description of Error Message. The exact wording of any error messages, if applicable; and

(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times.  We can assume no liability or responsibility for any delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses.  We urge you to use reasonable care in downloading from the Website.  We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.

4.         Specific Prohibited Uses

Our Website should only be used for lawful purposes.  We specifically prohibit any other use of the Website, including but not limited to the following:

(a)        posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;

(b)        posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;

(c)        using the Website for any illegal purposes, including but not limited to conspiring to violate laws;

(d)        sharing information or initiating communications with information you are under an obligation not to disclose;

(e)        posting infringing content to the Website;

(f)        taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website;

(g)        using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;

(h)        posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;

(i)         deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;

(j)         aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website;

(k)        using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;

(l)         collecting or storing personal information about any customer or visitor of this Website; or

(m)      stalking, harassing, or threatening any visitor of this Website.

5.         E-book Purchases

The current price of our e-book is $29.95 USD, which we reserve the right to change at any time without prior notice.  We accept payments to purchase our e-book, which are made by all major credit cards, including VISA, Mastercard, AMEX, and Discover.  We guarantee customer satisfaction with our e-book, so if you make a purchase and are not satisfied, then please notify us within sixty (60) days of your purchase and we will provide a full refund to you of your original purchase price.  

6.         Intellectual Property

All right, title, and interest in trademarks and copyrightable material on this Website, including but not limited to the design features, the text, the organization, the code, the photo, and all other content, including but not limited to our e-book (collectively the “Intellectual Property”) is owned or licensed by us. In addition, we own all right, title, and interest in any content that we email you.  You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Website or any other content without the express written consent of us or our licensors as appropriate.

We grant to you a limited, nonexclusive license to (i) download, use, and display any e-book that you purchase in electronic format on a single workstation for your personal, non-commercial use only, and (ii) to print out a single hard copy of any E-book that you purchase, our free report, or any other content that we make available on our Website for your personal, non-commercial use only.  You agree not to remove any trademark, copyright, or other proprietary notices on any portion of the content you download or print, and to reproduce all such notices on and in all authorized copies.

7.         Right to Use Likeness

We are solely authorized to use the likeness of author Dr. Janelle Sinclair on our Website (“Author”).  You may not reproduce, display, republish, upload, post, transmit, copy, display, distribute, or other use for any purpose her image without her written consent.

8.         Blog Comments; Emails

This Website provides users the ability to make comments and post them for viewing by the online community, as well as to send emails.  If you make comments, then you are solely responsible for ensuring that your comments are appropriate and not illegal, obscene, threatening, harassing, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, and that they do not constitute or contain viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.

You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display any comments that you post on the Website or any emails that you submit; to reproduce or store the comments or emails on our computers and servers; and to make any modifications or reformatting necessary to publish and display the comments or emails (or any portion thereof) on the Website.

We reserve the right to monitor and remove any comments at any time without notice.

If you post comments or send emails through this Website, you should not send personal health, confidential, or sensitive information, and should not ask specific medical questions.  The Website is a public forum, and any comments that you make or submit to us may be displayed publicly on that forum.  We urge you to be cautious in what you post or write.

9.         Intellectual Property Infringement Complaints.

We respect the intellectual property rights of others.  If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

(a) Identification of the Intellectual Property.  The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;

(b) Description of Infringed Right.  A description of the intellectual property right that you claim has been infringed;

(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;

(d) Contact Information. Your address, telephone number, and email address; and

(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

10.       Links to articles and third party websites

This Website may contain links to articles or other content on third party websites, which are not owned or maintained by us (“Third Party Site (s)”).  Links to Third Party Sites are provided as citations and aids that may help you to identify other blogs or resources on the Internet, which may be of interest to you.  If you click on a link to one of these Third Party Sites, then you will be transferred to another website beyond our control and our Terms of Use and Privacy Policy will no longer apply to you.  We do not intend that links to Third Party Sites be referrals to or endorsements of the linked entities or to any information that they make available, nor can we be responsible for the content of such Third Party Sites.  We will remove any link from this Website upon request from a Third Party Site.

Any business dealings with any third party with whom you connect through this Website are solely between you and such third party.  You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website.  You agree that we will not be responsible or liable for any loss, injury, damage, or other liabilities incurred as a result of doing business with such third parties, or for any statement that such third parties make or information that they provide on their website.  You assume the sole risk of loss, damage, injury and liability in doing business with any third parties linked to this Website, and for your reliance on any information that they provide on their websites.  In the event that you ever have a complaint against such a third party, you should contact the third party directly regarding your issue.

11.       No Medical Advice; Personal health information

The materials on this Website, including our e-book, have been prepared for informational and educational purposes only by the Author, who is a doctor of biochemistry and a registered natural health practitioner but who is not a licensed and trained medical professional.  The materials should not be construed as medical advice or a professional medical opinion on any specific facts or circumstances.   The opinions expressed on this Website solely belong to the Author, and were rendered based on specific facts, under certain conditions, and were subject to certain assumptions, which may not or should not be used or relied on for any other purpose, including but not limited to use for or in connection with any legal proceeding.

Information on this Website is not guaranteed to be accurate, up-to-date, correct, or complete, and you should not rely on it to make any medical or health-related decisions.  We expressly disclaim all liability with respect to actions taken or not taken based on any of the contents of this Website.  If we provide any specific examples of outcomes here, please be advised that we cannot guarantee a similar outcome in your case or the case of any third party.

We do not seek to establish any professional relationship with any person or entity as a result of any visit to this Website.  Transmission of the information is not ended to create, and receipt does not create, a doctor-patient or other professional relationship between us and any users of this Website.  Nothing contained in this Website is intended to replace the services of a licensed, trained physician or health professional or to be a substitute for the medical advice of a physician or trained health professional.

Persons contacting us through the Website should not send personal health, confidential, or sensitive information, and should not ask specific medical questions.  The Website is a public forum, and any comments that you make or submit to us may be displayed publicly on that forum, so you should be cautious about making any such comments.  No information submitted electronically through the Website or email to us will be treated as privileged, confidential, sensitive, or personal health information.  Any person submitting confidential or sensitive information to us waives all rights to confidential protection or doctor-patient privilege.  We assume no responsibility for the loss or disclosure of any information that you transmit to us via the Internet.

12.       Testimonials and Endorsements

This Website contains testimonials or endorsements from medical professionals and other individuals, who have not received any form of compensation in exchange for providing their testimonial or endorsement.  Regardless, the content of their testimonials or endorsements may be influenced by factors other than compensation, which have shaped their perspective and which have not been disclosed in this Website.  We will, however, clearly disclose any material connections between us and any endorser on the Website.

Any testimonials or endorsements shall be provided by bona fide users of our Website, who to the best of our knowledge, continue to use the Website.  All such individuals shall be responsible for possessing and relying on adequate substantiation to support their testimonial or endorsement claims.  For any testimonial provided by a physician, this Website will identify the expertise and qualifications of such physician, and then will demonstrate how he or she exercised that expertise as a medical professional in evaluating any products.

If you have questions regarding any testimonial or endorsement, please address your concerns to admin@breakingfreefromdepression.com.

13.       Limitation of Liability; Consequential Damages.

TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION LOSS OF DATA OR PROFITS, COST OF PROCUREMENT OR REPLACEMENT GOODS, COVER, OR RELIANCE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE DELIVERY OR USE OF THE E-BOOK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Our liability to you shall in no event exceed the total aggregate amount of $100.00 USD for all claims.  Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

14.       Warranty; Disclaimer.

You expressly warrant that any comment that you post to our Website will not infringe or violate the rights of any third party.

We warrant that the electronic delivery format of any e-book that you purchase will be free from any physical defects for a period of sixty (60) days from the purchase of the e-book.  Except as set forth in this limited warranty, e-books are provided on an “as is” basis.  The use of this Website and your reliance on any information contained herein shall be at your sole risk.  You assume all risk of injury, loss, damage, or liability which may arise from the use and reliance on the materials on this Website, including the e-book.  You agree and acknowledge that this Website contains information on how to overcome depression, which is a serious health problem that can lead to serious medical consequences if the illness goes untreated.  You agree and acknowledge that the information provided on this Website is no substitute for seeking care medical care from a licensed physician in your area, who can evaluate your specific medical history and symptoms and then prescribe the appropriate treatment for your particular circumstances.

We make no warranty that the e-book will be accurate, current, complete, or free from errors and omissions, will be formatted to your standards, nor that the e-book will meet all of your needs.  We also cannot warrant that access to our Website will be continuous, uninterrupted, bug-free, error-free, virus-free, or free of technical problems.  We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service on our Website.  Also, we can make no warranties regarding the information or contents of any Third Party Sites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties or to follow and/or rely on any advice that they provide.

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.  FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.

Upon your notifying us of any physical defect in an e-book’s electronic delivery format, your entire liability and our sole and exclusive remedy shall be a replacement delivery of the e-book at no charge.  Any replacement e-book will be warranted for the remainder of the original warranty period.

15.       Release of Claims

To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Company or this Website.  You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact.  In addition, you expressly waive and relinquish any and all rights which you may have had under any other applicable legal principle of similar effect, to the fullest extent permitted by law.

16.       Indemnification

By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our officers, employees, independent contractors, representatives, agents, and other visitors against any and all loss, damage, liability, and expense (including without limitation reasonable fees for attorneys and experts) arising out of any claim, demand, cause of action, debt, or liability, including reasonable attorneys’ fees, to the extent that such action (a) arises from or in any way related to your use of this Website or any Third Party Sites;  (b) alleges that you have infringed on the rights of Company or the Author; (c) alleges that you have breached any of your representations, warranties, or covenants hereunder; (d) results from your misuse of the Website; or (e) arises out of your negligence or willful misconduct.

17.       Miscellaneous

We reserve the right to discontinue this Website and our services at any time in our sole discretion.  You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business.  No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.  If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding.  The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section.  If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect.  The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein.  The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

18.       Governing Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflicts of law principles.  All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the International Chamber of Commerce in Auckland, New Zealand by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules.  The proceeding will be held in English, and the costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us.  The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction.  If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees.  All claims you bring against us or the Website must be resolved in accordance with this Section.  All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed.  Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim of up to $1500 USD, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

19.       Contact Us

In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the following contact information: admin@breakingfreefromdepression.com.

20.       Effective Date

These Terms of Use were last modified on 19th August 2010.