Disclaimer For Our Publication
Holistically Savvy provides subscription for a digital monthly publication. All information provided in our publication should not replace the recommendations of medical, legal or any other professional consultants.
Disclaimer For Advisor Hotline
FOR ENTERTAINMENT PURPOSE ONLY. Must be 18 years of age or older.
The services offered by HolisticallySavvy’s website is for entertainment purpose only. You must be an adult 18 years of age or older. Our Advisors make every effort to provide you with most useful and helpful information. All information provided by any of our Advisors should not replace the recommendations of medical, legal or any other professional consultants.
Holistically Savvy is an online platform that connects customers looking for advice on various topics and advisors who have knowledge about specific topics. Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which is incorporated by reference into these Terms of Service. These Terms of Service govern your access to and use of the Holistically Savvy’s services and constitute a binding legal agreement between you and HolisticallySavvy.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE AND/OR USE THE SERVICE.
Holistically Savvy reserves the right to modify these Terms of Service at any time and will make reasonable efforts to notify users when it has done so.
Must be 18 years old or older
Holistically Savvy is meant to be used only by persons aged 18 or older. Any access to or use of the Holistically Savvy Service by anyone under 18 is expressly prohibited. By accessing or using Holistically Savvy you represent and warrant that you are 18 or older.
General Definitions
“Advisor” refers to a person who offers advice and information (“Advisor Services”) to Customers on the Holistically Savvy site.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
“Credit” refers to the currency used on our site. Customers buy Credit in order to initiate a Transaction and get advice from our Advisors.
“Customer” refers to a person is seeking advice on a specific topic.
“Transaction” means any live conversation or call that occurs between a Customer and Advisor through the Holistically Savvy Service.
“User” means any user of the Holistically Savvy Service, and may be a Customer or an Advisor. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are an Advisor, the provisions in this Agreement regarding Advisors apply to you.
Account Registration
In order to access certain features of the Holistically Savvy Service, such as for a Customer to request advice or for an Advisor to offer Advisor Services through the Holistically Savvy Service, you must register to create an account (“Account”) and become a Member. To become a Member you must be at least 18 years old. Any registration by anyone under 18 is void. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Holistically Savvy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not to disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Holistically Savvy of any unauthorized use of your Account.
Payment Terms
Buying credits
In order for a customer to make a Transaction or speak to an Advisor via the Holistically Savvy Service, you need to buy Credits. For each Transaction, a certain amount of Credit will be deducted from your account. Unused Credit will be kept in your account for future use for up to 24 months. You can purchase Holistically Savvy Credit using any payment method made available to you by Holistically Savvy which includes all major credit cards.
Modifications To Prices or Billing Terms
Holistically Savvy reserves the right, at any time, to change its prices and billing meths for products and services sold, effective immediately upon posting on the website or by any form of notification.
Auto-Recharge
The Auto-Recharge feature can be enabled when you buy Holistically Savvy Credit when you check the appropriate box. Your Holistically Savvy Credit balance will be recharged with any amount that you chose and by the payment method you chose when you first signed up for Auto-Recharge, unless you subsequently change the amount by accessing your Account. For example, the chosen recharge amount will be charged to your credit card each time your account balance goes below the threshold set in your Holistically Savvy account. If you do not want to enable Auto-Recharge, please uncheck the box. You can disable Auto-Recharge at any time from your Account.
Deactivation of your account
Your account may be deactivated if your payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your membership subscription.
Limitation on Liability and Disclaimer of Warranty
We do not make any warranty of quality or fitness and under no circumstances may Holistically Savvy be held liable for the actions or omissions of any Advisor performing Advisor Services for you. Holistically Savvy does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Advisor Services provided by Advisors, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Holistically Savvy cannot confirm that the Users are who they claim to be. Under no circumstances will we be liable to any Subscriber, non-Subscriber, Member or non-Member regarding the use of this Service. Our maximum liability shall be no more than the fee You have paid Holistically Savvy, if any. HOLISTICALLY SAVVY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.
User Responsibilities. The User of the website does so at the User’s risk. Neither Holistically Savvy nor any of its directors, employees, advisors, agents, third-party content providers, merchants, sponsors licensors and/or the like, warrant that any of the websites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the website or any future websites developed by Holistically Savvy nor, as to the accuracy, reliability, or timeliness of any information content, service, or merchandise provided through the website. We do not guarantee that this site or emails from us will be free of viruses or harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You acknowledge that Advisors are not the employees or agents of Holistically Savvy. Holistically Savvy reserves the right remove any Advisor account from the Holistically Savvy website.
General Restrictions and Prohibitions
All Users agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Holistically Savvy Service, or any individual element within the Holistically Savvy Service, Holistically Savvy’s name, any Holistically Savvy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Holistically Savvy’s express written consent; Access, tamper with, or use non-public areas of the Holistically Savvy Service, Holistically Savvy’s computer systems, or the technical delivery systems of Holistically Savvy’s providers; Attempt to probe, scan, or test the vulnerability of any Holistically Savvy system or network or breach any security or authentication measures; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or chain letters; Use the Holistically Savvy Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Holistically Savvy Service or Service Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Holistically Savvy Service; Collect or store any personally identifiable information from the Holistically Savvy Service from other users of the Holistically Savvy Service without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.
Holistically Savvy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Holistically Savvy has the right to monitor your access to or use of the Holistically Savvy Service, or to review or edit any Content Members post, and has the right to do so for the purpose of operating the Holistically SavvyService, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Holistically Savvy reserves the right, at any time and without prior notice, to remove or disable access to any Content, that Holistically Savvy, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Holistically Savvy Service.
Charge Back
The Users will be held financially responsible for the result of any and all chargebacks for the full amount of each chargeback plus the $25 fee that our merchant bank charges. A chargeback occurs when a user declines to pay the charges they were billed by their credit card company for calls placed to Holistically Savvy’s1-800 number. Each month the User will receive a statement providing complete details of any chargeback activity.
Copyright and IP Policy and Reporting Infringement
Holistically Savvy respects copyright law and expects its users to do the same. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice vial email with the following information: Identification of the copyrighted or trademarked work that you claim has been infringed; Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears); A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law; A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
You can send us your copyright or trademark notices by e-mail to: info@Holistically Savvy.com
The Holistically Savvy Service may contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Holistically Savvy. You acknowledge and agree that Holistically Savvy has no control over and is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Holistically Savvy of such websites or resources or the content, products, practices, privacy policies, or services 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 or the content, products, or services on or available from such websites or resources. You expressly relieve Holistically Savvy from any and all liability arising from your use of any third-party website or services or third party content.
No waiver
The failure of Holistically Savvy to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Holistically Savvy. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and Holistically Savvy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Termination
If you breach any of these Terms of Service, Holistically Savvy will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Holistically Savvy reserves the right to revoke your access to and use of the Holistically Savvy Service at any time, with or without cause. In the event Holistically Savvy terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder.
Disclaimers
THE HOLISTICALLY SAVVY SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOLISTICALLY SAVVY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOLISTICALLY SAVVY MAKES NO WARRANTY THAT THE HOLISTICALLY SAVVY SERVICE OR SERVICE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HELPBY PHONE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, HOLISTICALLY SAVVY SERVICE OR SERVICE CONTENT PURCHASED OR OBTAINED THROUGH THE HOLISTICALLY SAVVY SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE HOLISTICALLY SAVVY SERVICE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOLISTICALLY SAVVY OR THROUGH THE HOLISTICALLY SAVVY SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HOLISTICALLY SAVVY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOLISTICALLY SAVVY SERVICE. YOU UNDERSTAND THAT HOLISTICALLY SAVVY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE HOLISTICALLY SAVVY SERVICE, NOR DOES HOLISTICALLY SAVVY MAKE ANY ATTEMPT TO VERIFY THE ACCURACY OF CONTENT POSTED BY THE USERS OF THE HOLISTICALLY SAVVY SERVICE. HOLISTICALLY SAVVY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE HOLISTICALLY SAVVY SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE HOLISTICALLY SAVVY SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HOLISTICALLY SAVVY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOLISTICALLY SAVVY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You agree to defend, indemnify, and hold Holistically Savvy and its successors and their officers, directors, employees, advisors and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Holistically Savvy Service, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE HOLISTICALLY SAVVY SERVICE REMAINS WITH YOU. NEITHER HOLISTICALLY SAVVY NOR ANY OTHER person or entity involved in creating, producing, or delivering the Holistically Savvy Service will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, HOLISTICALLY SAVVY SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR HOLISTICALLY SAVVY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF HOLISTICALLY SAVVY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE HOLISTICALLY SAVVY SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE HOLISTICALLY SAVVY SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOLISTICALLY SAVVY SERVICE, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not Holistically Savvy has been informed of the possibility of such damage, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Holistically Savvy used herein are trademarks of Holistically Savvy. Holistically Savvy and the Holistically Savvy Logo are registered trademarks with the United States Patent and Trademark Office (USPTO) and are property of Holistically Savvy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Holistically Savvy’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Holistically Savvy may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between Holistically Savvy and you regarding the Holistically Savvy Service, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Holistically Savvy and you regarding the Holistically Savvy Service.