1. Your Acceptance

A. By using and/or visiting this website, www.breastcancerdvd.org (the "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) the Website’s Privacy Notice, found at Privacy Policy and incorporated herein by reference. If you do not agree to any of these terms or the Privacy Notice, do not use the Website. The Website is owned and operated by The Path of Wellness and Healing.

B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version Terms of Use. The Path of Wellness and Healing may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this agreement shall be deemed to confer any third-party rights or benefits unless specifically stated to the contrary herein.

2. Website

A. These Terms of Use apply to all users of the Website. The Website may contain links to third-party websites that are not owned or controlled by The Path of Wellness and Healing. The Path of Wellness and Healing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, The Path of Wellness and Healing will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve The Path of Wellness and Healing from any and all liability arising from your use of any third-party website.

3. General Use of the Website – Permissions and Restrictions

The Path of Wellness and Healing hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

A. You agree not to distribute in any medium any part of the Website, without The Path of Wellness and Healing’s prior written authorization.

B. You agree not to commercially use the Website without the prior written authorization of The Path of Wellness and Healing in each instance. Prohibited commercial uses include any of the following actions taken without The Path of Wellness and Healing’s express written approval:

  • sale of access to the Website or its related services on another website;
  • use of the Website or its related services and products for the primary purpose of gaining advertising or subscription revenue;
  • any use of the Website or its related services and products that The Path of Wellness and Healing finds, in its sole discretion, to be in competition with The Path of Wellness and Healing or The Path of Wellness and Healing’s content.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the The Path of Wellness and Healing servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. The Path of Wellness and Healing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.

D. You will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

4. Your Use of Content on the Website

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

A. The content on the Website, including without limitation, the text, books, CDs, DVDs, software, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks, logos, insignias and other intellectual property contained therein ("Marks"), are owned by or licensed to The Path of Wellness and Healing, subject to copyright and other intellectual property rights under the law. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) which are protected by The Path of Wellness and Healing’s services marks, trademarks and copyrights. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of The Path of Wellness and Healing. The Path of Wellness and Healing reserves all rights not expressly granted in and to the Website and the Content.

B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content for any commercial purposes.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.

D. The Path of Wellness and Healing grants you a limited, revocable, nonsublicensable license to display the Content solely for your personal use in connection with viewing the Website. Any rights not expressly granted herein are hereby reserved by The Path of Wellness and Healing.

5. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Path of Wellness and Healing’s designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, 11400 W. Olympic Blvd., 9th Floor, Los Angeles, California 90064. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to The Path of Wellness and Healing’s customer service through contact page. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. THE PATH OF WELLNESS AND HEALING, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE PATH OF WELLNESS AND HEALING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE. THE PATH OF WELLNESS AND HEALING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, IF ANY, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, IF ANY, AND THE PATH OF WELLNESS AND HEALING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES IF SUCH A TRANSACTION TAKES PLACE.

7. Limitation of Liability

IN NO EVENT SHALL THE PATH OF WELLNESS AND HEALING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PATH OF WELLNESS AND HEALING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. Indemnity

You agree to defend, indemnify and hold harmless The Path of Wellness and Healing, its officers, directors, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

9. Ability to Accept Terms of Use

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Path of Wellness and Healing without restriction.

11. Termination of Use.

The Path of Wellness and Healing may, in its sole discretion, change, suspend or discontinue any aspect of the Website at any time with or without notice, including the availability of any Website feature, database, or Content. The Path of Wellness and Healing may also impose limits on certain features and services or restrict your access to parts of the Website, or the entire Website, with or without notice, and without liability, at any time, in The Path of Wellness and Healing’s exclusive discretion, for any reason or purpose, including, but not limited to, conduct that The Path of Wellness and Healing believe violates these Terms of Use or other policies or guidelines posted on the Website. Upon any termination of this agreement, you shall immediately discontinue your use of the Website and destroy all materials obtained from it.

12. General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over The Path of Wellness and Healing, either specific or general, in jurisdictions other than California. These Terms of Use 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 Path of Wellness and Healing that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Notice at http://www. breastcancerdvd.org/privacy-policy/ and any other legal notices published by The Path of Wellness and Healing on the Website, shall constitute the entire agreement between you and The Path of Wellness and Healing concerning the Website. If any provision of these Terms of Use 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 Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Path of Wellness and Healing’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Path of Wellness and Healing reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your agreement to and acceptance of its revised terms. You and The Path of Wellness and Healing agree that any cause of action you may have arising out of or related to the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. You and The Path of Wellness and Healing also agree that if The Path of Wellness and Healing has any cause of action against you based on your breach of any term or provision herein, The Path of Wellness and Healing may bring a cause of action against you so long as such action(s) comply with any statute of limitations pursuant to the applicable laws of the State of California.