Terms of Use

TERMS OF USE

Updated 27 October, 2019

Whether you are a client of Earthsong Wellness/ Marianne Burton or a visitor to its websites, or instructional classes, DO NOT use the website or any Earthsong Wellness materials if you do not agree with all of the following terms and conditions.

You acknowledge that the information on this website and found within Earthsong Wellness materials are provided as is for general information only. They are not intended to provide medical advice and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual condition. No warranties of any kind is given regarding use of this website, or related instructional materials including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

You agree that you will hold harmless Marianne Burton, Earthsong Wellness and its shareholders, officers, directors, clients and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the information contained in this website or other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Marianne Burton, Earthsong Wellness or any of the information contributors to the website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Marianne Burton and Earthsong Wellness has been advised of the possibility of such damages.

Definition of Client: A client is any person or business entity that has placed an order for any of Marianne Burton /Earthsong Wellness services.

1- Marianne Burton/Earthsong Wellness Websites Do Not Provide Medical Advice

The contents of Marianne Burton /Earthsong Wellness websites such as text, graphics, images, information obtained from Marianne Burton /Earthsong Wellness licensors, and other material contained on Marianne Burton /Earthsong Wellness websites (“Content”;) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Marianne Burton /Earthsong Wellness websites do not specifically recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. The information herein is for informational purposes only and specific advice must for your personal health concerns must be obtained through an appointment with your personal healthcare provider, with respect to your current circumstances and in light of your own personal medical history. Reliance on any information provided by Marianne Burton /Earthsong Wellness employees, Links on the site, or others appearing on the Site at the invitation of Marianne Burton /Earthsong Wellness , or other visitors to Marianne Burton /Earthsong Wellness websites is solely at your own risk. Furthermore, information added to Marianne Burton /Earthsong Wellness websites by its clients are added at sole discretion of the clients and are full responsibility of the said client. Marianne Burton /Earthsong Wellness does not accept any liability or responsibility on said content.

2-Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that Marianne Burton /Earthsong Wellness websites are not intended or designed to attract children under the age of 18. The content in this site is for informational use by adults aged 18 years of age or older. Children under 18 should seek the advice of a parent and their personal medical professional before using any information found within this site. Children who may choose use this site must do so with parental permission and supervision and with the understanding that it is for informational purposes only. We abide by the Children’s Online Privacy Protection Act do not specifically sell products for purchase by children.

3-Use of Content

Marianne Burton /Earthsong Wellness authorizes you to view a single copy of the material on the Marianne Burton /Earthsong Wellness websites solely for your personal, noncommercial use. Content and or images on the websites designed by Marianne Burton /Earthsong Wellness are protected under copyright laws. Any special rules for the use of certain software and other items accessible on the Marianne Burton /Earthsong Wellness websites are incorporated into these Terms and Conditions by reference. The right of ownership to content, design elements and or images and other material throughout the sites, is not granted to anyone unless permitted by written consent from Marianne Burton /Earthsong Wellness

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Marianne Burton /Earthsong Wellness or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Marianne Burton /Earthsong Wellness websites. Domain names registered by Marianne Burton /Earthsong Wellness for its client are legal property of Marianne Burton /Earthsong Wellness and are leased temporarily to clients. All rights not expressly granted herein are reserved to Marianne Burton /Earthsong Wellness and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Copyright and Trademark Enforcement: All of the content of this website, www.earthsongwellness.co, our social media postings, Earthsong Wellness instructional/ educational classes,  presentations, and related materials including but not limited to: live and recorded video and audio works, and printed materials are copyright Earthsong Wellness.  No permission is given to store, retrieve, copy or disseminate any Earthsong Wellness materials unless express written permission is given. Materials provided as a part of a class or instructional setting are for use by members of the specifically intended audience and may not be redistributed in any form without the express written permission of Marianne Burton or Earthsong Wellness.

Any third party materials that are featured in Earthsong Wellness materials are owned by their respective parties who maintain their individual copyrights. Earthsong Wellness upholds the copyrights of each third party and only uses materials in conjunction with their copyright standards. No third party information, or materials may be copied or disseminated by anyone using Earthsong Wellness Products and services.

“Earthsong Wellness” is a registered trademark with the United States Patent and Trademark Office Serial Number 86894954 Registration Number 5036414 https://www.uspto.gov/ Any use of this Trademark without express written permission of Earthsong Wellness/ Marianne Burton is unlawful and will be prosecuted.

4- Liability of Marianne Burton /Earthsong Wellness and our Licensors.

The use of the Marianne Burton and Earthsong Wellness Websites and the Content is at your own risk. When using the Marianne Burton /Earthsong Wellness Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Marianne Burton /Earthsong Wellness and its suppliers. Accordingly, Marianne Burton /Earthsong Wellness assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Marianne Burton /Earthsong Wellness websites.

The Marianne Burton /Earthsong Wellness Websites and the content are provided on an “as is” basis. Marianne Burton /Earthsong Wellness ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Marianne Burton /Earthsong Wellness , its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Marianne Burton /Earthsong Wellness websites.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on Marianne Burton /Earthsong Wellness websites. In no event shall Marianne Burton /Earthsong Wellness , its licensors, its suppliers, or any third parties mentioned on Marianne Burton /Earthsong Wellness websites be liable for any damages (including, without limitation, identical and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Marianne Burton /Earthsong Wellness websites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Marianne Burton /Earthsong Wellness is advised of the possibility of such damages. Marianne Burton /Earthsong Wellness is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

5- User Submissions

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to Marianne Burton /Earthsong Wellness by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Marianne Burton /Earthsong Wellness by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Marianne Burton /Earthsong Wellness by email, you automatically grant–or warrant that the owner of such content or intellectual property has expressly granted Marianne Burton /Earthsong Wellness a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Marianne Burton /Earthsong Wellness may sub-license its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Marianne Burton /Earthsong Wellness by email. We try to answer every email in a timely manner, but are not always able to do so.

6- Right to Refuse Service/Cancellation Policy

Marianne Burton /Earthsong Wellness reserves the right to refuse providing services to any of its clients at its sole discretion. Some of our services are included in promotions or packages that are delivered on a monthly basis. You may cancel your membership to such a service, at any time and for any reason by contacting our office and making a written request of cancellation. Payments for ongoing membership services are due at the time of registration and are not refundable. We may choose to provide either a full or partial refund at our sole discretion. If a refund is issued, it will be mailed to the most current address we have on file.

7- Passwords

Marianne Burton and Earthsong Wellness may have several tools that allow you to record and store information. For example, areas that are structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Marianne Burton /Earthsong Wellness account and password; (3) promptly inform Marianne Burton /Earthsong Wellness of any need to deactivate a password. You grant Marianne Burton /Earthsong Wellness and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Marianne Burton /Earthsong Wellness cannot and does not assume any responsibility or liability for any information you submit, including to register to win, or your or third parties use or misuse of information transmitted or received using Marianne Burton /Earthsong Wellness tools and services..

9- Advertisements, Searches and Third Party Links

Marianne Burton /Earthsong Wellness may provide links to third-party web sites.

Marianne Burton /Earthsong Wellness also may select certain sites as priority responses to search terms you enter and Marianne Burton /Earthsong Wellness may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.

Marianne Burton /Earthsong Wellness recommends and endorses specific products with which she has had personal experiences. Every personal recommendation is independently made and it is the responsibility of the reader to determine the fitness of such a recommendation within the scope of their own lives and personal experience.

These recommendations are for specific products or services and do not endorse the content on any third-party web sites. Marianne Burton /Earthsong Wellness is not responsible for the content of linked third-party sites, sites framed within the Marianne Burton /Earthsong Wellness websites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.

Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.

10- Indemnity

You agree to defend, indemnify, and hold Marianne Burton /Earthsong Wellness , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

11- General

Marianne Burton /Earthsong Wellness is based in Oceanside, Washington, in the United States of America. Marianne Burton /Earthsong Wellness makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Marianne Burton /Earthsong Wellness websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

12- Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Marianne Burton /Earthsong Wellness , or in any way relating to your use of the Marianne Burton /Earthsong Wellness Websites, resides in the courts of the County of Callum, State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Clallam in State of Washington in connection with any such dispute including any claim involving Marianne Burton /Earthsong Wellness or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.

Except as expressly provided in a particular “legal notice” on the Marianne Burton /Earthsong Wellness websites, these Terms and Conditions and Marianne Burton /Earthsong Wellness disclaimer constitute the entire agreement between you and Marianne Burton /Earthsong Wellness with respect to the use of the Marianne Burton /Earthsong Wellness websites, and Content.
Thank you for your cooperation. We hope you find the Marianne Burton /Earthsong Wellness websites helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to: earthsongwellness@gmail.com or via U.S. mail to Marianne Burton /Earthsong Wellness (Please email us for physical address information.). All communication will be responded to in as timely a manner as possible.

We are located in Washington State, United States: (Please email us for physical address information.)