Effective as of: January 19, 2009
Welcome to Ombai! Lacar, LLC (hereinafter the
“Company”,
“we” or
“us”) with legal domicile at 2295
Gateway Oaks Drive, Suite 185, Sacramento, CA 95833, United States provides a networking
service as described in more detail below (the
“Services”)
through our website accessible at www.ombai.com (the
“Site”).
Please read the following important terms and conditions (“
Terms of Service”)
carefully. These Terms of Service govern your access to and use of the Site, including
any content, information, products or Services therein. This is a legal agreement
between you and Company. YOU UNDERSTAND THAT BY USING THE SITE, SERVICES (INCLUDING
ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY
THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY,
YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
1- Services.
a) Description of Services. The Site is an online community that enables therapeutic
healers (
“Providers”) to offer and promote their services
(e.g., acupuncture, massage, yoga, and other holistic wellness services) by creating
personal profiles on the Site, to current and potential clients. Providers may also
participate in blogs hosted on the Site, and may provide Company with articles written
by them, which Company may publish on the Site in its sole discretion. Users may
search for healers and information about Provider services on the Site, and may
contact Providers to seek therapeutic services for personal, non-commercial use
and enjoyment. Users may browse the Site’s collection of articles and videos,
and may take optional surveys about their experiences and interests. Users may also
post reviews of Providers in a process regulated by the Company. Notwithstanding
the foregoing, the number and features of the services made available on the Site
may vary at the Company’s sole discretion, and the Company does not make any
representation that any particular service will be available at any given time or
have certain features.
b) Modification of the Site or Terms of Service. The Company reserves the
right, in its sole discretion, at any time to modify, discontinue or terminate the
Site and Services, or modify these Terms of Service without notice. All modified
terms and conditions will be effective after we have notified you of the changes.
If any modified terms and conditions are not acceptable to you, your sole remedy
is to cease using the Site and Services, and if applicable, cancel your Site account.
By continuing to access or use the Site and Services after we have notified you
of the changes, you agree to be bound by such changes.
2- Content.
Certain types of content are made available through the Site. “
Content”
as used in these Terms of Service means, collectively, the text, data, graphics,
images, photos and video files made available through the Site, excluding User Submissions.
“
User Submissions” as used in these Terms of Service means,
collectively, the text, data, graphics, images, photos, video files, third party
website and content links (such as video), and other content and information which
Members stream, post, upload and otherwise submit to the Site, including without
limitation in Member created profile pages. The Company reserves the right to remove
and permanently delete any Content or User Submissions from the Site without notice.
We will fully cooperate with any law enforcement authorities or court order requesting
or directing us to disclose the identity of anyone posting publishing or otherwise
making available any User Submissions, emails or other materials that are believed
to violate these Terms of Service.
3- Use of and Access to the Site.
Services provided by the Company in conformity with these Terms of Service entail
no cost or charge whatsoever for users, whether registered or unregistered. General
use of Services does not require your prior subscription or registration. Notwithstanding
the aforementioned, the Company reserves the right to subject the use of certain
services, such as a Provider’s ability to publish a personal profile on the
Website, to the compliance with the corresponding user registration available at
http://www.ombai.com/Accounts/CreateAccount.aspx You represent and warrant
that all information provided to the Company upon registration is true and accurate.
You shall update all information provided upon registration to accurately reflect
your profile when using the website. In order to access certain features of the
Site and Services, and to post User Submissions, you will have to create a Site
account and become a “
Member”. To become a Member you
must be at least 18 years of age. If you are under 18, please do not attempt to
register to use our Services. When you register, you will be asked to choose a user
name and a password. You are responsible for safeguarding your password and you
agree not to disclose your password to any third party. You agree that you will
be solely responsible for any activities or actions taken under your password, whether
or not you have authorized such activities or actions. You will immediately notify
the Company of any unauthorized use of your password. You agree that the information
that you provide to us upon registration, and at all other times will be true, accurate,
current and complete. If you become a Member you consent to the use of: (a)
electronic means to complete these Terms of Service and to provide you with any
notices given pursuant to these Terms of Service; and (b) electronic records to
store information related to these Terms of Service or your use of the Site and
Services.
If you are a Provider, to promote your services on your profile, you must:
1. Be one of the following: (a) a certified professional healer; or (c) a
skilled volunteer provider of such services.
2. Comply with any local, state, provincial and federal regulations, ordinances,
statutes and laws, if any, that may apply to your advertisement of your services
on your profile.
3. Subscribe to and abide by the Site’s Provider Code of Ethics, available
at:
http://www.ombai.com/TermsPrivacy/EthicsCode.aspx
4. If you are a professional, you attest that you have never had a permit
or license related to therapy revoked or suspended, and that you are not currently
under any disciplinary action with respect to any resolved or unresolved complaint.
5. Register as a Provider on the Site.
6. Complete and maintain your Provider profile updated.
The Company assumes no responsibility for verifying the skills, qualifications,
advertised credentials and/or representations of any Provider. The Company is an
advertising and search venue only. We do not participate in any transaction between
Providers and Users, nor do we have any control over or make any representations
or provide any assurance concerning (i) the quality or legality of any offered service,
(ii) the truthfulness of any listing, advertisement, or review, (iii) that the sale
or advertisement of any service complies with the applicable legal requirements
for the sale or advertisement of the service, including but not limited to statutes,
regulations or requirements of any country, state, province, municipality, or other
government authority or regulatory entity regarding sales, export or import control,
taxation, duties or tariffs, presence or licensing of brokers.
By its very nature, information submitted by Providers may be inaccurate, and in
some cases mislabeled or deceptively labeled. We expect that you will use caution
and common sense when using the Service and the Site.
4- Termination: Cancellation
We may immediately terminate or suspend your access to the Site and Services and
remove any material (including User Submissions) from the Site or our servers, in
the event that you breach these Terms of Service. Notwithstanding the foregoing,
we also reserve the right to terminate the Site, Services or your access thereto
at any time and for any reason. After such a termination, you understand and acknowledge
that we will have no further obligation to provide the Services. Upon termination,
all licenses and other rights granted to you by these Terms of Service will immediately
cease. The Company shall not be liable to you or any third party for termination
of the Services or termination of your use of the Services. UPON ANY TERMINATION
OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED
ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY
YOU. Furthermore, the Company will have no obligation to maintain any information
stored in our database related to your account or to forward any information to
you or any third party. You may terminate your Site account at any time and for
any reason by selecting the “Delete Account” option in your profile.
Upon any termination by a Member, the related account will no longer be accessible.
Any cancellation request will be handled by the Company as soon as reasonably practical.
Any suspension, termination or cancellation will not affect your obligations to
the Company under these Terms of Service (including but not limited to ownership,
indemnification and limitation of liability), which by their sense and context are
intended to survive such suspension, termination or cancellation.
5- Third Party Links.
The Site or other Members and Users of the Site may provide links to third party
websites or resources from the Site. You acknowledge and agree that the Company
is not responsible or liable for the availability or accuracy of, and the Company
does not endorse, such websites or resources or the content, products, or services
on or available from such websites or resources. You acknowledge sole responsibility
for and assume all risk arising from your use of any such websites or resources.
You acknowledge that your use of any content or material on a third party website,
including by creating and posting links to such content, is subject to the terms
and conditions provided by such third party website, regardless of whether you accessed
such third party website through a website or video link provided on the Site. The
Company hereby disclaims any liability related to your failure to adhere to the
terms and conditions governing such third party website, and you shall indemnify
and hold the Company, its owners and operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding any claims or other consequences
arising out of such failure.
6- User Submissions
a) The Site may permit the submission and the hosting, sharing, and/or publishing
of User Submissions. You understand that whether or not such User Submissions are
published, the Company does not guarantee any confidentiality with respect to any
User Submissions. You agree to publish only content that is appropriate and relevant
to the subjects of the Site. The official language of the website is English; therefore,
all comments should be made in English.
b) You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize the Company to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated by
the Site and these Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of the User Submissions in the manner contemplated by
the Site and these Terms of Service. For clarity, you retain all of your ownership
rights in your User Submissions. However, by submitting the User Submissions to
the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the User Submissions in connection with the Site
and the Company’s (and its successor's) business, including without limitation
for promoting and redistributing part or all of the Site (and derivative works thereof)
in any media formats and through any media channels. You also hereby grant each
user of the Site a non-exclusive license to access your User Submissions through
the Site, and to use, reproduce, distribute, prepare derivative works of, display
and perform such User Submissions as permitted through the functionality of the
Site and under these Terms of Service. The foregoing license granted by you terminates
once you remove or delete a User Submission from the Site.
c) In connection with User Submissions, you further agree that you will not: (i)
submit material that is copyrighted, protected by trade secret or otherwise subject
to third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner to
post the material and to grant the Company all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage the Company or any
third party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements;
or (v) impersonate another person. The Company does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and the Company expressly
disclaims any and all liability in connection with User Submissions. The Company
does not permit copyright infringing activities and infringement of intellectual
property rights on the Site, and the Company will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on another's
intellectual property rights. The Company reserves the right to remove Content and
User Submissions without prior notice. The Company will also terminate a User's
access to the Site, if they are determined to be a repeat infringer. A repeat infringer
is a User who has been notified of infringing activity more than twice and/or has
had a User Submission removed from the Site more than twice. The Company also reserves
the right to decide whether Content or a User Submission is appropriate and complies
with these Terms of Service for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to, pornography,
obscene or defamatory material, or excessive length. The Company may remove such
User Submissions and/or terminate a User's access for uploading such material in
violation of these Terms of Service at any time, without prior notice and at its
sole discretion. You understand that if the Company removes links to any infringing
material posted on third party websites, such material would continue to be available
on such websites.
d) You understand that when using the Site, you will be exposed to User Submissions
from a variety of sources, and that the Company is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or remedies you
have or may have against the Company with respect thereto, and agree to indemnify
and hold the Company, its owners and operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your use of
the site.
e) The Company claims no ownership, affiliation with, or endorsement of any photos
and/or videos that are posted on the Website by a Provider. The veracity of all
photographs, images and videos is assumed by the Provider and their validity is
not the responsibility of the Company. Posts, photographs, images, videos or material
that has no relevance to the Provider or the Provider’s therapeutic services
described in the attached review or corresponding section, will be removed or not
published. Each photograph file may not exceed 3MB in size. All photos submitted
to the Website must be in .gif, .jpg, .bmp, or .png format. You accept that the
photographs will not be uploaded automatically and that the Company has the right,
not the obligation, to reject or remove any content that violates this Terms of
Service or the Privacy Policy and that the Company has no obligation to publish
or upload any content at its own discretion and without any notice to you.
7 - Provider Profile/Content.
If you are a Provider, your publicly posted location(s), availability,
fees, descriptions of services, contact information, email address and homepage
URL (if posted), photos and other profile/ad content must be kept current, true,
and not misleading. You may use your Provider profile/ad and reviews to offer, sell,
advertise and promote your therapeutic services.
8 - Ownership.
Though the Company does not claim ownership of any User Submissions or any other
Provider or User posted content, the Company owns and retains all proprietary rights
in the Site and the Service. The Site contains the copyrighted material, trademarks,
and other proprietary information of the Company and its licensors, and is protected
to the maximum extent permitted by law and by international treaty provisions. Access
and use of the Site and the Services does not grant you any right whatsoever to
the copyrighted material, trademarks, tradenames, logos, images, or other proprietary
information of the Company and its licensors.
9- Interactions between Providers and Users.
You are solely responsible for your interactions with other Providers and
Users. You understand that the Company does not in any way screen its Providers
or Users, nor does the Company inquire into the backgrounds of its Providers or
Users or attempt to verify the statements of its Providers or Users. The Company
makes no representations or warranties as to the conduct of Providers or Users or
their compatibility with any current or future Providers or Users.
10- Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is the policy
of the Company to remove any potentially infringing material or any links to any
such material and terminate your access to the Site if you infringe the copyright
rights of others upon receipt of proper notification to the Company by the copyright
owner or the copyright owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Site in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) a description of where the material that
you claim is infringing is located on the Site; (iv) your address, telephone number,
and email address; (v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; (vi) a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. The Company’s Copyright Agent for notice
of claims of copyright infringement can be reached by completing the form at
http://www.ombai.com/ContactUs/ContactUs.aspx?mailTo=legal. For clarity,
only notices for copyright infringement should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications should
be directed to customer service through
http://www.ombai.com/ContactUs/ContactUs.aspx.
11 - Adult Content.
You agree not to submit any User Submissions the Company considers to be of an adult,
sexual or controversial nature, including, but not limited to, any pornographic,
sexually explicit or sexually related themes, language, text, music or images (collectively,
“
Adult Content”), If the Company finds User Submissions
that it determines, in its sole discretion, contains Adult Content, the Company
may, without notice, remove or block access to such User Submissions. The Company
reserves the right to suspend or cancel at any time and without notice a Member’s
account that the Company, in its sole discretion, determines to be in violation
of this Section. The Company will take all appropriate steps with User Submissions
that the Company believes violates applicable laws, including cooperation with any
investigation. If you see a User Submission that you believe is Adult Content or
is in violation of law or this Section, please contact the Company immediately.
12 - What You must NOT do.
The Site and Services may be used and accessed for lawful purposes only. You agree
to abide by all applicable local, state, national and foreign laws, treatises and regulations
in connection with your use of the Site and Services. In addition, without limitation,
you agree that you will not do any of the following while using or accessing the
Site or Services: (a) Circumvent, disable or otherwise interfere with security related
features of the Site or features that prevent or restrict use or copying of any
Content; (b) Upload, stream, email or otherwise transmit (i) any User Submission
to which you do not have the lawful right to copy, transmit and display (including
any User Submission that would violate any confidentiality or fiduciary obligations
that you might have with respect to the User Submission); (ii) any User Submission
for which you do not have the consent or permission of each identifiable person
in the User Submission to use the name, voice, signature, photograph, or likeness
of each such person (to the extent each is implicated by the User Submission) and
such consent or permission is necessary; or (iii) any User Submission that infringes
the intellectual property rights or violates the privacy rights of any third party
(including without limitation copyright, trademark, patent, trade secret, or other
intellectual property right, or moral right or right of publicity); (c) Use any
meta tags or other hidden text or metadata utilizing a Company name, trademark,
URL or product name; (d) Upload, stream, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain letters,
“pyramid schemes” or any other form of solicitation, as well as viruses
or other computer code that may interrupt, destroy, limit the functionality of the
Site or the Services, or interfere with the access of any Member or other user to
the Site or the Services; (e) Forge any TCP/IP packet header or any part of
the header information in any posting or in any way use the Site or Services to
send altered, deceptive or false source-identifying information; (f) Attempt to
probe, scan or test the vulnerability of any Company system or network or breach
or impair or circumvent any security or authentication measures protecting the Site
or Services; (g) Attempt to decipher, decompile, disassemble, or reverse engineer
any software used to provide the Services; (h) use the Services to collect
or store personal data about other users without their express permission; (j) Impersonate
or misrepresent your affiliation with any person or entity, through pretexting or
some other form of social engineering or otherwise commit fraud; (k) Use the Services
in any way that competes with the Company; or (l) Encourage or instruct any other
individual to do any of the foregoing or to violate any term of these Terms of Service.
13 - What the Company is NOT responsible for.
Your use of the Site, Services, Content, User Submissions, and interaction with
other providers or users is at your sole discretion and risk. The Site, Services,
Content and User Submissions, and all materials, information, products and services
included therein, are provided on an “AS IS” and “AS AVAILABLE”
basis without warranties of any kind. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT
AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE
OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY disclaims any warranties: (i) regarding
the security, accuracy, reliability, timeliness and performance of the Site; or
(ii) that the Site, Services, Content and User Submissions will be error-free or
that any errors will be corrected. No advice or information, whether oral or written,
obtained by you from THE COMPANY, will create any warranty not expressly stated
in this Agreement. Some states or jurisdictions do not allow the exclusion of certain
warranties. Accordingly, some of the above exclusions may not apply to you.
14 - Limitation of the Company’s Liability.
IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE
TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SITE, SERVICES, CONTENT, USER SUBMISSIONS AND YOUR INTERACTION WITH
OTHER PROVIDERS OR USERS, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT
THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION AND IN NO EVENT WILL THE COMPANY’S CUMULATIVE LIABILITY TO YOU
EXCEED $100.
15 - What You will indemnify the Company from.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees
and agents, harmless from and against any claims, liabilities, damages, losses,
and expenses, including without limitation reasonable attorney’s fees and
costs, arising out of or in any way connected with (i) your access to or use of
the Site, Services, Content and User Submissions; (ii) your violation of these Terms
of Service; (iii) your violation of any third party right, including without limitation
any intellectual property right, publicity, confidentiality, property or privacy
right; or (iv) any claim that one of your User Submissions caused damage to a third
party.
16 - General.
The Terms of Service are only available in English, which you warrant to
know and understand. These Terms of Service shall be governed by the internal substantive
laws of the State of California, without respect to its conflict of laws principles.
Any claim or dispute between you and the Company that arises in whole or in part
from the Site shall be decided exclusively by a court of competent jurisdiction
located in San Francisco County, California. These Terms of Service shall constitute
the entire agreement between you and the Company concerning the Site and the Service.
If any provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full force
and effect. No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and the Company’s
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision.