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Terms & Conditions

directionH

(A Private Membership Association)

MEMBERSHIP CONTRACT

For membership fee paid, do hereby apply for membership in directionH, a private membership organization.  With the signing of this membership agreement I/we accept the offer made to become a member of directionH and have read and agree with the following Declaration of Purpose from Article I of directionH’s Articles of Association.

1.     This Association of members hereby declares that our main objective is to maintain and improve the civil rights, constitutional guarantees, and political freedom of every member and citizen of the United States of America.  We believe that the Constitution of the United States is one of the best documents ever devised by man, and the signers of the Declaration of Independence did so out of love for their country.

2.             As members, we affirm our belief that the Constitution of the United States is one of the best documents ever devised by man and the signers of the Declaration of Independence did so out of love for their country. We believe that the First Amendment of the Constitution of the United States of America guarantees our members the rights of free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another in asserting our rights under the Federal and State Constitutions and Statutes. We strive to maintain and improve the civil rights, constitutional guarantees, freedom of choice in health care, freedom of choice in food, freedom of choice in financial matters, freedom of choice in education, and political freedom of every member and citizen of the United States of America. 

IT IS HEREBY Declared that we are exercising our right of “freedom of association” as guaranteed by the 1st and 14th Amendments of the U.S. Constitution and equivalent provisions of the various State Constitutions.  This means that our association activities are restricted to the private domain only.

3.     We declare the basic right of all of our members to select spokesmen from our number who could be expected to give wisest counsel and advice concerning the need for physical and mental health care assistance and to select from our number those members who are the most skilled to assist and facilitate the actual performance and delivery of products and management of care.

4.     We proclaim the freedom to choose and perform for ourselves the types of products and managed care modalities that we think best for the analysis, management, and prevention of the many dysfunctions of our minds and bodies and for achieving and maintaining optimum wellness.  We proclaim and reserve the right to include health options that include but are not limited to cutting edge management modalities and therapies practiced or used by any types of healers or therapists or practitioners the world over whether traditional or nontraditional, conventional or unconventional. 

5.     More specifically, the mission of our Association is to provide members with the highest level of quality products, care, and education.  Our Association understands that wellness includes but is not just limited to body, mind, and soul, but also includes opportunities of financial health. The Association provides comprehensive, conventional, complementary alternative care and the most advanced technologies to analyze all aspects of a member’s dysfunction and provide the most effective means of management at an affordable fee.  More specifically, the Association specializes in Health Products, Health Education, Health Modalities, and offers Local Chapter Distributions as benefits to members.

6.     The Association will recognize any person (irrespective of race, color, or religion) who is in accordance with these principles and policies as a member, and will provide a medium through which its individual members may associate for actuating and bringing to fruition the purposes heretofore declared.

MEMORANDUM OF UNDERSTANDING

I understand that the fellow members of the Association that provide services and care, do so in the capacity of a fellow member and not in the capacity as a licensed health care provider.  I further understand that within the association no doctor-patient relationship exists but only a contract member-member Association relationship.  In addition, I have freely chosen to change my legal status as a public patient, customer or client to a private member of the Association. I further understand that it is entirely my own responsibility to consider the advice and recommendations offered to me by my fellow members and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended diagnosis, therapy, treatment and care is my own carefully considered decision.  Any request by me to a fellow member to assist me or provide me with the aforementioned diagnosis, therapy, treatment and care is my own free decision in an exercise of my rights and made by me for my benefit, and I agree to hold the Trustee(s), staff and other worker members and the Association harmless from any unintentional liability for the results of such care, except for harm that results from instances of a clear and present danger of substantive evil as determined by the Association, as stated and defined by the United States Supreme Court.

The Trustees and members have chosen Dr. Thomas Wilson and Pamala Wilson as the persons best qualified to perform services to members of the Association and entrust them to select other members to assist them in carrying out that service.

In addition, I understand that, since the Association is protected by the First and Fourteenth Amendments to the U.S. Constitution, it is outside the jurisdiction and authority of Federal and State Agencies and Authorities concerning any and all complaints or grievances against the Association, any Trustee(s), members or other staff persons.  All rights of complaints or grievances will be settled by an Association Committee and will be waived by the member for the benefit of the Association and its members. Because the privacy and security of membership records maintained within the Association which have been held to be inviolate by the U.S. Supreme Court, the undersigned member waives HIPAA privacy rights and complaint process.  Any medical or healthcare records kept by the association will be strictly protected and only released upon written request of the member.  I agree that violation of any waivers in this membership contract will result in a no contest legal proceeding against me.  In addition, the Association does not participate in any medical insurance plans or collections on behalf of the member.

I agree to join the Association, a private membership association under common law, whose members seek to help each other achieve better health and live longer with good quality of life.  I understand that the doctors, nurses, and other providers who are fellow members of the Association are offering me advice, services, and benefits that do not necessarily conform to conventional medical care.  I do not expect these benefits to include on-call coverage, hospital care, or the usual and customary care provided by most physicians.  I will receive such primary and specialist care elsewhere.  I fully understand that the benefits I receive from the Association will not be covered by my health insurance and not at all by Medicare.

As a member, I accept the goals of helping my body function better and choosing techniques that are both very safe and have a reasonably good chance to succeed, realizing that no diagnostic technique or treatment is foolproof.  If I choose to forgo drugs, surgery, or radiation that has been recommended to me by others, I fully accept the risk that I might suffer serious consequences from that choice.  Other aspects of informed consent will take place in my discussions with the providers and my fellow members of the Association.

My activities within the Association are a private matter that I refuse to share with the State Medical Board, the FDA, FTC, Medicare, Medicaid or my own insurance company without my expressed specific permission.  All records and documents remain as property of the Association, even if I receive a copy of them.  I fully agree not to file a malpractice lawsuit against a fellow member of the Association, unless that member has exposed me to a clear and present danger of substantive evil. I acknowledge that the members of the Association do not carry malpractice insurance.

I enter into this agreement of my own free will or on behalf of my dependent without any pressure or promise of cure or financial guarantee.  I affirm that I do not represent or report to any State or Federal agency whose purpose is to regulate and approve products.  I have read and understood this document, and my questions have been answered fully to my satisfaction.  I understand that I can withdraw from this agreement and terminate my membership in this association at any time.  This page, Article I of the articles of association of the Association, the Terms and Conditions, and the Policies and Procedures of directionH consist of the entire agreement for my membership in the Association and they supersede any previous agreement.

I understand that the membership fee entitles me to receive those benefits declared by the Trustee(s) to be “general benefits.”  I agree to pay as levied those benefits that I receive that are declared by the Trustees to be “special assessments”, per Fee Schedule.

I am paying the cost of my Membership Level as consideration for my one-time lifetime membership contract, said term beginning with the date of the signing of this contract, and by these presents do hereby certify, attest and warrant that I have carefully read the above and foregoing directionH’s Contractual Application for Membership and I fully understand and agree with same.

directionH

TERMS AND CONDITION OF USE

Please read these Terms and Conditions of Use carefully before using this website.  By using the directionH website(s) you agree to be bound by this Agreement.  If you do not agree to the Terms and Conditions of this Agreement, please do not use the directionH website(s).  DirectionH reserves the right to change this Agreement, in whole or in part from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the directionH website.  You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of this Agreement.  Your continued use of the directionH website(s) following the posting of changes to this Agreement will mean that you accept those changes.

If you are a directionH Member, you acknowledge and agree that your use of the directionH website(s) is subject not only to this Agreement, but also to the Membership Application Agreement. 

1. Note Regarding directionH Marketing Members

DirectionH is a Private Membership Association for Private Members only.  Use of the directionH.org web site is offered to the public as a preview for consideration to becoming a Private Member of the directionH Association. DirectionH Marketing Members are independent third party contractors of directionH and are not otherwise affiliated with directionH.  DirectionH is not responsible or liable for the statements, acts, or omissions of directionH Marketing Members, whether through or in connection with the directionH website(s), “offline” or otherwise.  Without limiting the foregoing, directionH enables directionH Marketing Members to create personalized online sites that contain directionH branding and content and that may share URLs with directionH.  You acknowledge and agree the directionH has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by directionH Marketing Members to such personalized online sites or any customizations made by directionH Marketing Members.  DirectionH has not taken any steps to confirm the accuracy or reliability of any directionH Marketing Member content or other materials communicated by a directionH Marketing Member to you, and makes no representations or warranties as to the security of any communications between you and any directionH Marketing Member.

2. Restricted uses

The directionH website(s) are owned and operated by directionH, A Private Membership Association.  The contents of the directionH website(s) are copyrighted under United States copyright laws.  None of the material on the directionH website(s) may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever, except as stated herein.  Subject to your compliance with this Agreement, and solely for as long you are Marketing Member of directionH you may use, download, reproduce, and distribute information regarding directionH products and services provided that you do so in its entirety without revision with Registration and Trademarks intact.  Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of directionH’s copyright and other proprietary rights.

3. Information Submitted through directionH website(s)

Your submission of information through the directionH website(s) is governed by directionH’s Security and Privacy Statement.  You represent and warrant that any information you provide in connection with your use of the directionH website(s) is true, accurate, and complete, and that you will maintain and update such information as needed so that the information remains true, accurate, and complete.  You also warrant and pledge under legal penalty that you are not representing or reporting to any local, state, federal, or any other form of governmental agency when accessing directionH website(s).  In addition you warrant and pledge under legal penalty that you are not under the guidance, supervision, or influence of any local, state, federal or any other form of governmental agency when accessing any directionH website(s).   By accessing the directionH website(s), you do so with the understanding that you are acting as private citizen and agree not to share or distribute information by any means that is deemed to be information for the sole and private use of the Private Members of the directionH Private Membership Association to any person, persons, or any other groups outside of the directionH Private Membership Association. To engage in deception or make false statements is a violation of the law. 

4. Registration: User Names and Passwords

You will be required to register with directionH as a Private Member of the directionH Private Membership Association in order to access certain areas of the directionH website(s), for example, to initiate transactions.  With respect to any such registration, we may refuse to grant you and may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person, that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.  You are responsible for maintaining the confidentiality of any password you may use to access the directionH website(s), and you agree not to transfer your password or user name, or lend or otherwise transfer you use of or access to the directionH website(s), to any third party.  You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the directionH website(s) that occur in connection with your user name.  You agree to immediately notify directionH of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the directionH website(s), and to ensure that you “log off” and exit from your account with the directionH website(s) at the end of each session.  We are not liable for any loss or damage arising from you failure to comply with any of the foregoing obligations.

5. Rules of Conduct

Users of the directionH website(s) are expected to respect the rights and dignity of others.  Your use of the directionH website(s) is conditioned on your compliance with the rules of conduct described and failure to follow these rules of conduct may result in termination of your access to the directionH website(s).

You agree not to:

Ø  Post, transmit, or otherwise make available through or in connection with the directionH website(s):

o    Any information or materials that are or may be (a) threatening, harassing, degrading, hateful,  or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.

o    Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”

o    Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software, or equipment.

o    Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or investment opportunity, or any other form of solicitation that is not expressly approved by directionH in advance.

o    Any personally identifiable information of another individual, with the prior consent of such individual.

o    Any material, non-public information about a company, with the proper authorization to do so.

Ø  Use the directionH website(s) for any fraudulent or unlawful purpose.

Ø  Use the directionH website(s) to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users or the directionH website(s).

Ø  Impersonate any person or entity, including without limitation any representative of directionH; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the directionH website(s); or express or imply that we endorse any statement you make.

Ø  Interfere with or disrupt the operation of the directionH website(s) or the servers or networks used to make the directionH website(s) available; or violate any requirements, procedures, policies, or regulations of such networks.

Ø  Restrict or inhibit any other person from using the directionH website(s) (including without limitation by hacking or defacing any portion of the directionH website(s).

Ø  Use the directionH website(s) to advertise or offer to sell or buy any goods or services for any business purpose, without directionH’s express written consent.

Ø  Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the directionH website(s).

Ø  Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the directionH website(s).,

Ø  Remove any copyright, trademark or other proprietary rights notice from the directionH website(s) or materials originating from the directionH website(s).

Ø  Frame or mirror any part of the directionH website(s).

Ø  Create a database by downloading and storing directionH website(s) content.

Ø  Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather directionH website(s) content or reproduce or circumvent the navigational structure of presentation of the directionH website(s) with directionH’s express prior written consent.

You acknowledge and agree that you, and not directionH, are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the directionH website(s), and for paying all related costs.

6. Forums and Submissions

DirectionH may offer features through the directionH website(s) that enable you to post information and materials publicly, for example, bulletin boards, chat areas, blogs, threads, and similar forums (collectively referred to as “Forums”).  All the rules of conduct described in this document apply to the Forums.  In addition, without directionH’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services, or opportunities, and you may not use the forums to solicit other directionH website(s) visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

When you submit or make available any information or materials through the Forums or otherwise through any directionH website(s), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public and to Private Members of the directionH Private Membership Association, and may be used by directionH with restriction.  You grant to directionH the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise.  You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the directionH website(s) complies with all applicable laws, rules and regulations.  You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.  This section will survive termination of this Agreement for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the directionH website(s).  The Forums include the opinions, statements, and other content of third parties, including directionH Members.  We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability, or compliance with copyright or other laws.  Any opinions, statements, or other materials made available by third parties (including directionH Members) through the Forums or otherwise through the directionH website(s) are those of such third parties and not of directionH, and directionH does not endorse any such opinions, statements, or materials.  We may remove objectionable statements or other content form the directionH website(s) at any time we deem removal to be warranted.  Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that directionH has no control over, and shall have no liability for any damages resulting from, the use or misuse by any third party of information voluntarily made public through the Forums or any other part of the directionH website(s).

If you choose to make may of your Personally Identifiable Information or other information publicly available through the Forums or otherwise through the directionH website(s), you do so at your own risk.

7. Purchases and Transactions

If you wish to purchase any product or service or to make a payment to your directionH account through a directionH website (a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information.  Any such information provided through the directionH website(s) will be treated by directionH in accordance with this Agreement and the Security and Privacy Statement.  Verification of information may be required prior to the acknowledgement or completion of any Transaction.  You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any Transaction.

DirectionH reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of any promotion or incentive offer; (d) to prevent or prohibit any Member from making any or all Transaction(s); and/or (e) to refuse to provide any Member with any product or service.  Price and availability of any product or service offered through the directionH website(s) are subject to change without notice, and directionH shall not be responsible for errors in the prices or descriptions of such products or services.  Refunds and exchanges will be subject to directionH’s refund and exchange policies then in effect.  You agree to pay all charges that may be incurred by you or on your behalf through the directionH website(s), at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges.  Additionally, you remain responsible for any taxes that may be applicable to your Transactions.

8. Intended Audience

DirectionH controls and operates the directionH website(s) from its offices located in the State of California, U.S.A., and the directionH website(s) are not intended to subject directionH to the laws or jurisdiction of any state, country, or territory other than those of the United States.  Unless otherwise specified, materials made available through the directionH website(s) are presented solely for the purpose of making available to our Private Members products and services available in the United States.  DirectionH makes no representation or warranty that any directionH website, in whole or in part, or any products, services, or materials made available through the directionH website(s), are appropriate or available for use in other locations.  Those who choose to access the directionH website(s) from other locations do so at their own initiative and at their own risk and are responsible for compliance with local laws, rules, and regulations, if and to the extent local laws, rules, or regulations are applicable. 

9. Links To or From Other Sites

Except as otherwise expressly stated by directionH on a directionH website(s), directionH is not affiliated or associated with operators of any third party websites that link to or are linked from the directionH website(s).  DirectionH expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the directionH website(s).  We cannot ensure your satisfaction with any products, services, or materials that are available through any third party site that links to or is linked from the directionH website(s) because these third party sites are owned and operated by independent entities.  We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites.  We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise. 

You agree that your use of third party sites and resources and any content, information, data, advertising, products, services, or other materials on or available through such sites and resources is at your own risk and is subject to the Terms and Conditions of use applicable to such sites and resources.

DirectionH shall have the right, at any time and at its sole discretion, to block links to the directionH website(s) through technological or other means without prior notice.

10. DISCLAIMER

THE DIRECTIONH WEBSITE(S) ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  DIRECTIONH MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE DIRECTIONH WEBSITE(S).  ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK.  DIRECTIONH MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY DIRECTIONH MEMBER; (B) THAT THE DIRECTIONH WEBSITE(S) WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE DIRECTIONH WEBSITE(S) WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE DIRECTIONH WEBSITE(S) OR THE SERVES OR NETWORKS THROUGH WHICH THE DIRECTIONH WEBSITE(S) ARE MADE AVAIABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

DirectionH will endeavor to maintain the integrity and security of the directionH website(s) and servers from which the directionH website(s) are operated, however, the directionH website(s) may include inaccuracies, errors, and materials that violate or conflict with this Agreement.  Additionally, third parties may make unauthorized alterations to the directionH website(s).  If you become aware of any unauthorized third party alteration to the directionH website(s), please contact us at info@directionh.org with a description of the issue and the URL or location on the applicable directionH website(s) where such material may appear.

11. Limitation of Liability

IN NO EVENT SHALL DIRECTIONH, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, OR MEMBERS (COLLECTIVELY, THE “DIRECTIONH ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT; (B) THE DIRECTIONH WEBSITE(S); (C) YOUR USE OF OR INABILITY TO USE THE DIRECTIONH WEBSITE(S); OR (D) THE ACTS OR OMISSIONS OF DIRECTIONH MEMBERS, IN EACH EVENT, EVEN IF DIRECTIONH OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  DIRECTIONH IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.  DIRECTONH IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY DIRECTIONH MEMBER), OR ANY INFRINGEMENT BY A THRID PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHTS.  IN NO EVENT SHALL DIRECTIONH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND OTHERS CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE DIRECTIONH WEBSITE(S), OR YOUR USE OF OR INABILITY TO USE THE DIRECTIONH WEBSITE(S) EXCEED THE AMOUT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE DIRECTIONH WEBSITE(S).

12. Indemnification

You will indemnify and hold the directionH Private Association Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with the directionH website(s); (b) any violation of this Agreement or any other directionH Terms and Conditions or Policies by you or through any account you may have with any directionH website(s); (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the directionH website(s) infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any directionH website visitor, user, or Member, or any other third party; and you agree to reimburse the directionH Entities on demand for any damages, losses, costs, judgments, fees, fines, and other expenses they incur (including attorney’s fees and court costs) as a result of any Claim(s).

13. Termination and Enforcement

This Agreement is effective until terminated by directionH.  You agree that directionH, at its sole discretion, may terminate your access to or use of the directionH website(s), at any time and for any reason, including without limitation if directionH believes that you have violated or acted inconsistently of the letter or spirit of this Agreement (including but not limited to your failure to comply with the Rules of Conduct described previously in this document).  Upon any such termination, your right to sue the directionH website(s) will immediately cease.  You agree that may termination of your access to or use of the directionH website(s) may be effected without prior notice and that directionH may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files.  You agree that directionH shall not be liable to you or any third party for any termination of your access to the directionH website(s) or to any such information or files, and shall not be required to make such information of files available to you after any such termination.  DirectionH reserves the right to take steps that directionH believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the directionH website(s) and/or third party claim that your use of the directionH website(s) is unlawful or violates such third party’s rights).

14. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing of the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on a directionH website(s) infringe your copyright, you (or your agent) may send directionH a notice requesting that directionH remove the materials or block access to them.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send directionH a counter-notice.  Notices and counter-notices must then meet the then-current statutory requirements imposed by the DMCA.  Notices and counter-notices should be sent to directionH 215 Lake Blvd. Suite 555 Redding, CA 96003.  We suggest that that you consult your legal advisor before filing a notice or counter-notice.  Also, please be aware that there are penalties for false claims under the DMCA.

15. Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the directionH website(s), please send an email to: memberservices@directionh.org.  You may also contact us by writing to directionH 305 NE 6th St. #627 Grants Pass, OR 97526 or by calling 916-412-2372.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

16. Governing Law

This Agreement shall be governed by the laws of the State of California, U.S.A. without regard to its conflicts of law principles.  You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the city of Redding, California and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.

17. Miscellaneous

If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and directionH.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption, or section title contained herein in inserted only as a matter of convenience, and in no ways defines or explains any section or provision hereof.  This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and directionH relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and directionH relating to such subject matter.  Notices to you may be made by posting a notice (or link to a notice) to any directionH website, by email, or by regular mail at directionH’s discretion.  Without limitation you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintain in printed form.

 

 

 

 

 


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