Terms of Service

Section A – Overview

This website (heals.biz) hereinafter “website” is operated by Robert Heals hereinafter “Heals Web”. Throughout the website, the terms “we”, “us” and “our” refer to Heals Web. Heals Web offers this website, including all information, tools, hyperlinks and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By visiting this website and/ or enquiring, inquiring, interacting, ordering, following any hyperlinks and/ or purchasing something you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/ or available by hyperlink. These Terms of Service apply to all users of this website, including without limitation users who are browsers, vendors, customers, clients, merchants, and/ or contributors of content.

Not all parts of our Service originate or are provided by us as we are additionally a reseller for Wild West Domains, LLC. and an affiliate for other third-parties and therefore may receive a commission if you make a purchase and/ or place an order through a third-party or the store (located at secureserver.net) hereinafter “store” and not directly from us. If you follow a link from this website to the store then the Legal Agreements and/ or Policies shown on the store are in addition to any Terms and Policies on this website and together govern the agreements between us. If there is confusion and/ or contradiction between any of the Terms and Policies on this website and those displayed on the store then in such cases the Legal Agreements and/ or Policies on the store shall take precedence for any purchases you make through the store.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/ or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. Our Service does not address anyone under the age of 18 (“Children”), if you are under the age of 18 you do not have our permission to use our Service and should close your browser immediately or navigate away.

You may not use our website, service and/or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in our and/ or your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.

SECTION 2 – General Conditions

We reserve the right to refuse service and/ or the Service, to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Words in the singular shall include the plural and vice versa.

These Terms of Service and any obligations or rights received under them may only be assigned by Heals Web Services without the consent of anyone, or the need to give notice to anyone.

SECTION 3 – Errors, Omissions, Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – Changes to the Service and Prices

Prices for our services and/ or products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

All prices or rates shown are exclusive of any applicable taxes or sales taxes, which shall be added to the cost of our Services. You agree to be liable to pay any such taxes that may be legally due on our Services even if this is discovered at a later date.

SECTION 5 – Services and/ or Products

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We reserve the right, but are not obligated, to limit the sales of our services and/ or products to any entity, person, geographic region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any services and/ or products that we offer. All descriptions and/ or pricing of services and/ or products are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service and/ or product at any time. Any offer for any product and/ or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – Accuracy of billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/ or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by competitors, dealers, resellers and/ or distributors or similar.

You agree to provide current, complete and accurate purchase and account information for all purchases made for our services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – Optional Services, Plug-ins, Tools

We may provide you with third-party tools such as plug-ins, products or services over which we do not own and/ or control, nor may monitor, nor have input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools, products or services.

Any use by you of tools, products or services offered through the website or through any links that take you to another website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools, products or services are provided by the relevant third-party provider(s) or by us, by reading and understanding any legal agreements and/ or policies posted on the website you are currently on.

We may also, in the future, offer new tools, products, resources, services, features or similar on the website and they shall also be subject to these Terms.

SECTION 8 – Third-Party Services / Links

Certain content, products and services available via our Service may include materials, products or services from third-parties and/ or may be managed by, and/ or operated by third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

You understand, accept and agree we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Help, complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party by you via the means made available to you by the third-parties.

If you follow some links from this Website and make a purchase and/ or subscribe to a service we may receive a commission from the third-party at no cost to you. Where this is the case we will make this clear to you by displaying a disclaimer on any pages displaying affiliate links.

Some links on our website will take you to secureserver.net and the additional legal policies there will apply , we may receive a commission if you sign in, visit and/ or make a purchase through secureserver.net and not this website.

You can tell if you are on this website, a third-party website or the store by the address shown in your browser.

SECTION 9 – User Feedback and other Submissions

If, at our request, you send certain specific submissions (for example polls) or without a request from us you send feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We do not monitor, edit or remove content, however if content is brought to our attention that we then determine in our sole discretion maybe unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or may violate any party’s intellectual property or these Terms of Service then we reserve the right to remove said content, without notice and without any liability to you, or anyone else.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – Personal Information

Your submission of personal information through this website and/ or our services is also governed by our Privacy Policy and our Cookie Policy. Submission of personal information through the store shall additionally be governed by the Legal Agreements and Policies there.

SECTION 11 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website, store or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, timings and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service, store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service, store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, store or website or on any related website, should be taken to indicate that all information in the Service has been modified or updated.

SECTION 12 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, store or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, store or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, store or any related website for violating any of the prohibited uses.

SECTION 13 – Disclaimer of Warranties, Limitation of Liability

We do not guarantee, represent or warrant that your use of our website, store and/ or Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service or store will be accurate or reliable and/ or meet your expectations.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You agree, that in connection with all aspects of the Service and any communications in connection therewith, that by implication or otherwise, that there is not, has not, and will not be any fiduciary duty on the part of us, and no such duty will be deemed to have arisen, and/ or transformed in connection with any such use the Service, transactions and/ or communications.

You understand, accept and agree that any provision of Service to you is based on that of an ordinary commercial relationship between us and you.

In no case shall Heals Web, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, exemplary, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the lesser maximum of one US dollar (US $1) or the amount you have paid to us or extent permitted by law.

Limitations on liability, waivers and indemnities in these Terms are business understandings between the parties and shall apply to all legal theories of recovery, including breach of contract or warranty, breach of fiduciary duty, tort (including negligence), strict or statutory liability, or any other cause of action, provided that these limitations on liability, waivers and indemnities will not apply to any losses or damages that may be found by a trier of fact to have been caused by Heals Web’s gross negligence or willful misconduct. The parties also agree that the Client will not seek damages in excess of the contractually agreed-upon limitations directly or indirectly through suits against other parties who may join Heals Web as a third-party defendant. “Parties” means the Client and Heals Web, and their officers, directors, partners, employees, subcontractors and subconsultants.

SECTION 14 – Indemnification

You agree to indemnify, defend and hold harmless Heals Web and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

TO THE FULLEST EXTENT PERMITTED BY LAW, HEALS WEB IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE, ANY SERVICES OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HEALS WEB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS SAFE, SECURE, ACCURATE, COMPLETE OR CURRENT.

TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS SET OUT ABOVE, HEALS WEB HEREBY EXCLUDES LIABILITY FOR ANY CLAIMS, LOSS, DEMANDS OR DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS HAS BEEN NOTIFIED TO HEALS WEB. THE FOREGOING WILL APPLY WHETHER SUCH CLAIMS, LOSS OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, UNDER STATUTE OR OTHERWISE.

SECTION 15 – Severability

In the event that any sentence, paragraph and/ or provision of these Terms of Service is determined to be unlawful, void, partially duplicated or unenforceable, such sentence, paragraph and/ or provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, the such determination shall not affect the validity and enforceability of any other remaining sentence, paragraph and/ or provisions.

SECTION 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our site if you have not purchased anything from us. Some Services maybe subject to a minimum period of time separately agreed and Termination will be subject to any agreed minimum period of time made with us.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof) and/or suspend and/or remove and/or reclaim any Services already provided to you that remain unpaid by you and you give us full permission to, without hindrance or notice, access any servers, systems, networks and/or computers to allow us to exercise the above rights under the Terms of Service. We reserve all ownership rights in any service we provide to you until we have received cleared payment in full from you for said service.

SECTION 17 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website and/ or notified to you by us separately and/ or on secureserver.net  constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service do not create any right enforceable by any third party.

SECTION 18 – Governing Law

These Terms of Service and any separate agreements whereby we provide you products and/ or services and/ or Service shall be governed by and construed in accordance with the laws of Texas and you hereby consent and agree that the state Courts located in Collin County, Texas, United States of America shall have personal jurisdiction and proper venue with respect to any dispute between you and Heals Web arising in connection these Terms of Service and any separate agreements. In any such dispute, each of you and Heals Web agree not to raise, and do hereby expressly waive, any objection or defense to such jurisdiction as an inconvenient forum.

SECTION 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service or other Policies by posting updates and changes to this website. It is your responsibility to check our website periodically for changes. Your continued use of and/ or access to our website and/ or services and/ or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – Contact Information

Contact us if you have any questions about the Terms of Service.

Last updated: February 21st, 2022