Medical and Testimonial Disclaimers
The Website may include discussions or advertisements for emWave® products and HeartMath techniques, which are intended as tools for stress reduction, optimal performance and resilience. Although these products and the techniques are believed to be very safe and have potentially great benefit, no medical benefits or cures are expressed or implied. The products and the techniques are not to be used as, or used in lieu of, any course of medical or psychological treatment. None of the feedback provided by the products or techniques is to be interpreted as medically or psychologically diagnostic. This feedback is not an objective or direct measure of any specific psychological, emotional or spiritual state.
This Website may contain testimonials which provide the perspective of individuals who are successful and/or enthusiastic about their experience. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. Testimonials may have been edited for clarity or brevity.
Privacy and Other Policies
Safety and Acceptable Use Policy
We do our best to keep the Website safe, but we cannot guarantee it. We need your help to do that, which includes your agreement that you shall not:
- post content or information or take any action on or via the Website that infringes or violates someone else’s rights or otherwise violates the law. This includes posting another person’s or company’s copyrighted material without their permission; posting images of an identifiable person without that person’s permission; inciting or providing instructional information about illegal activities; defaming, stalking, or threatening others; or violating consumer protection, anti-discrimination, false advertising or other laws. Among other things, if you repeatedly infringe or violate other people’s rights, GCI reserves the right to disable your account.
- post anyone’s identification documents or sensitive financial, medical or therapeutic information on or via the Website.
- send or otherwise post unauthorized commercial or bulk communications (such as spam) on or via the Website.
- advertise or offer to sell any goods or services for any commercial purpose without GCI’s written consent;
- collect users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without GCI’s permission.
- create user accounts by automated or fraudulent means;
- engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website.
- upload or transmit viruses or other malicious code on or via the Website.
- solicit login information or access an account belonging to someone else.
- bully, intimidate, or harass any user.
- post content that is tortious, hateful, defamatory, threatening, obscene, indecent, pornographic, invasive of another’s privacy, or that contains nudity or graphic or gratuitous violence or is racially, ethnically or otherwise objectionable, or that otherwise could result in civil or criminal liability.
- offer any survey, contest, giveaway, or sweepstakes ("promotion") on the Website without GCI’s prior written consent at its sole discretion. If GCI consents, you take full responsibility for the promotion, and will follow all applicable laws.
- use the Website to do anything unlawful, misleading, malicious, or discriminatory.
- impersonate any person or entity, including, but not limited to, a representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- do anything that could disable, overburden, impair or interfere with the proper working of the Website, such as a denial of service attack or repeatedly posting the same or similar content.
- rent, lease, loan, share, sell or sublicense, republish, distribute (for example, in other media), the Website or your login or password for any purpose, or modify or create derivative works of the Website, unless you have GCI’s written consent, and in particular, you may not mirror or cache all or any portion of the Website.
- use any of our or other participants’ content or materials for any purpose other than for your own personal, non-commercial use, unless authorized by us in writing.
GCI and/or GCR Network Organizations can disable your account and/or remove any content or information you post on the Website if we believe that it violates the above.
The Website, content, information, or third parties may provide links to other content, information, internet sites or resources. Because we have no control over such items (apart from GCI’s and GCR Network Organization’s own content and sites), you agree that you must evaluate, and bear all risks associated with the use of any such items, including any reliance on the accuracy, safety, completeness, or usefulness of such items. You acknowledge and agree that neither GCI nor GCR Network Organizations endorse and they are not responsible or liable for such items or other materials on or available from such items.
Registration and Account Security
You agree to provide true, current and complete information about yourself on our registration forms, and to maintain and promptly update such information. It is your responsibility to (a) obtain and pay for all equipment and third-party services (e.g., computer and Internet access) required for you to access and use the Website and (b) maintain the security of your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security known to you.
GCI and/or GCR Network Organization may establish or revise from time to time at our discretion general practices and limits concerning your use of the Website, such as the maximum amount of storage space or bandwidth you may use.
If a GCR Network Organization’s Global Care Room or your account is removed, the content associated with that Global Care Room or account may also be deleted at GCI’s sole discretion. However, GCI is not required and may not keep back-up copies of content once the Global Care Room, account or content is deleted. You agree that we have no responsibility or liability for any content or information or the deletion, corruption, or alteration of, or failure to store any content or information.
- WE TRY TO KEEP THE WEB SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEB SITE (INCLUDING BUT NOT LIMITED TO ALL GLOBAL CARE ROOMS, CLASSES, COURSES, WEBINARS, AND SUBSCRIPTION SERVICES OFFERED OR AVAILABLE VIA THE WEB SITE) "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ALL OR ANY PORTION OF THE WEB SITE WILL BE UNINTERRRUPTED, ERROR-FREE, SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU AGREE THAT NEITHER WE NOR ANY OF OUR SUPPLIERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, COST OF COVER, OR LOST DATA, USE, REVENUES, PROFITS OR SAVINGS) ARISING OUT OF YOUR OR YOUR PARTICIPANTS’ USE OF OR INABILITY TO USE THE WEB SITE, AND YOU HEREBY RELEASE AND WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE OR ANY SUCH SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.THE ENTIRE LIABILITY OF US AND OUR SUPPLIERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE OR ANY BREACH OF THESE TERMS OF SERVICE ARE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE WEB SITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. YOU HEREBY RELEASE US AND EACH OF OUR SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEB SITE OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By the "Global Care Room" we mean the features and services that we and/or other GCR Network Organizations make available through a subdomain available via the URL at www.globalcarerooms.org.
- By the "Website" we mean the features and services GCI and/or GCR Network Organizations make available through (a) the Global Care Room; (b) the entry pages in the Global Care Network to the Global Care Room via the URL www.globalcarerooms.org; (c)all courses, webinars and subscription services offered or available via the same; (d) all sub-domains, international versions, widgets, and mobile versions thereof; and (e) other media, software (such as toolbars or widgets), devices, or networks now existing or later developed for use with the foregoing.
- By "information" we mean facts and other information about you, including actions you take on the Website.
- By "content" we mean anything you post on the Website that would not be included in the definition of "information," including but not limited to data, text, software, music, audio, photographs, graphics, video, messages, links, tags, comments and other materials.
- By "post" we mean post on the Website or otherwise make available to us.
- Under no circumstances shall we or our suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or causes beyond our or their reasonable control, including, without limitation, Internet, telecommunication and utility failures; equipment failures; strikes; labor disputes; riots; insurrections; civil disturbances; shortages of labor or materials; fires; floods; storms; explosions; acts of God; war; governmental actions, or non-performance of third parties.
- The Website is not offered to anyone under the age of thirteen (13).
- You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property and materials comprising the Website are wholly owned by GCI except where expressly stated otherwise.
Notices of Infringement
Persons who believe that their copyrights or other intellectual property rights have been infringed via the Website may notify GCI’s Designated Agent. All notices must comply with the requirements of U.S. Copyright Act Section 512(d) and regulations promulgated thereunder, as amended. Such notices not complying with these requirements will be returned unprocessed. Also, please indicate the specific content, and Website URL. Designated Agent and Address of Agent:
Attn: Copyright Designated Agent
Brian Kabaker, CFO
Telephone: (800) 711-6221
Telephone: (831) 338-8500 (International)
Effective Date of This Version: January 30, 2011