Website Terms of Use

Last modified: February 1st 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You (the user/visitor of this Website) and Middle Path Acupuncture & Chinese Herbal Medicine, Inc. ("Company," "We," or "Us"). The following terms and conditions ("Terms of Use") govern your access to and use of http://www.acupuncture-boston.com (the "Website"), including any content, functionality, and services offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be legally bound by these Terms of Use and our Privacy Policy, found at https://acupuncture-boston.com/privacy-policy.php, incorporated herein by reference. If you do not agree to the Terms of Use or the Privacy Policy, you must not access or use the Website in any manner.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all the following requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update the Terms of Use at our sole discretion for any reason at any time. All changes are effective immediately once posted on the Website. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website

We reserve the right to withdraw or amend this Website at any time for any reason, and any service or material we provide on the Website, in our sole discretion without notice.

Reliance on Information Posted

The information presented on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website.

This Website may include content provided by third parties, including, but not limited to, materials provided by users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, all articles, responses to questions, and other content, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of the Company.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy . By using the Website, you consent to all actions taken by us with respect to your information.

Linking to the Website

With our express written consent, you may link to our homepage in a way that is fair and legal and does not damage our reputation or take advantage of it. You may link to our homepage in accordance with any terms we provide. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice.

Geographic Restrictions

The owner of the Website is based in the State of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or its content is accessible, appropriate, or legal outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK AND TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE WEBSITE. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content and services other than as expressly authorized in these Terms of Use, or use of information from the Website.

Prohibited Uses

You may use the Website only for lawful purposes which comply with the Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
To send, knowingly receive, upload, download, use, or re-use any material.
Imitate, impersonate, copy, or reproduce any of the Companies work product, services, marketing techniques, reviews, credentials, catch-phrases, trademarks, copyrights, images, text, or anything else that is created by the Company or Lisa Bernazani.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or harmful material.
Attempt to gain access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
Otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights

This website is a custom design created by the owner and the company webmasters. It has not been created from a template and therefore its entire design, contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), and the unique way in which Traditional Chinese Medicine is presented belong to and are owned by the Company, its licensors, or the providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or property rights laws, dating from 2005 to the present.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video/audio sequences, or any graphics.
Delete or alter any copyright, trademark, or proprietary rights notices from copies of materials.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: lbernazani@gmail.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, Middle Path Acupuncture & Chinese Herbal Medicine, Inc.SM, the slogan, Your Health is the Foundation of Your LifeSM, the Company logo, and all related names, product/service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product/service names, designs, and slogans on this Website are the trademarks of their respective owners.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts, in each case located in the City of Cambridge and County of Middlesex, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and our Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Middle Path Acupuncture & Chinese Herbal Medicine, Inc.SM, 2285 Massachusetts Ave. #102, North Cambridge, MA 02140.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Lisa Bernazani at lbernazani@gmail.com or via phone number to 339-221-3132.

Your Health is the Foundation of Your Life^SM