By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, please do not use this site or our services!
Sunflower Wellness may revise and update these Terms and Conditions at any time. Your continued usage of the Sunflower Wellness website ("Sunflower Wellness Site," or the "Site,") and/or services, including Exercise Counseling sessions, personal training sessions, movement and exercise classes (individually or collectively, "Services"), will mean you accept those changes.
Sunflower Wellness Does Not Provide Medical Advice
The contents of the Sunflower Wellness Site, such as text, graphics, images, information obtained from Sunflower Wellness's sources, and other material contained on the Sunflower Wellness Site ("Content") are for informational purposes only. Exercise and movement information, instruction and recommendations provided to Sunflower Wellness clients and participants ("Movement Information") is for informational purposes only. Neither our Services nor Content nor Movement Information is 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 Sunflower Wellness Site or received as Movement Information from any Sunflower Wellness employee, volunteer, contractor or other program participant!
If you think you may have a medical emergency, call your doctor or 911 immediately. Sunflower Wellness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Sunflower Wellness, Sunflower Wellness employees, contractors, volunteers, or others appearing on the Site or at Sunflower Wellness class, lecture, counseling or exercise sessions at the request or invitation of Sunflower Wellness, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are medically graphic or somewhat adult in nature. If you find these materials offensive, you may not want to use our Site.
Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract minors under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Sunflower 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 Sunflower Wellness. All rights not expressly granted herein are reserved to Sunflower 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.
Liability of Sunflower Wellness and Its Licensors
The use of the Sunflower Wellness Site and the Content is at your own risk.
Participation in any Sunflower Wellness Exercise program, including Exercise coaching and counseling sessions, Exercise classes and lectures, and personal exercise training sessions, is at your own risk.
Sunflower Wellness, including its employees, contractors and volunteers, assumes no liability for or relating to any injury, harm, or loss of any kind arising for any participant in any of our programs.
When using the Sunflower Wellness Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Sunflower Wellness and its suppliers. Accordingly, Sunflower 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 Sunflower Wellness Site.
The Sunflower Wellness Site and the content are provided on an "as is" basis. SUNFLOWER WELLNESS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS 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, Sunflower Wellness, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Sunflower Wellness Site or Sunflower Wellness.
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 the Sunflower Wellness Site.
In no event shall Sunflower Wellness, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Sunflower Wellness Site be liable for any damages (including, without limitation, incidental 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 Sunflower Wellness Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Sunflower Wellness, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Sunflower Wellness Site are advised of the possibility of such damages. Sunflower Wellness, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Sunflower Wellness Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Sunflower Wellness, its licensors, suppliers, contractors, employees, volunteers or any third parties mentioned on the Sunflower Wellness Site are 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.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, testimonial postings, user reviews of our programs, etc.) 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 Sunflower Wellness online or by email, (including through the email addresses listed on the "Contact Us" or “Feedback” pages) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Sunflower Wellness by email, you agree such submission is non-confidential for all purposes, unless otherwise clearly indicated.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Sunflower Wellness online or by email, you automatically grant — or warrant that the owner of such content or intellectual property has expressly granted — Sunflower 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. Sunflower Wellness may sublicense 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 Sunflower Wellness online or by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Sunflower Wellness site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, or with the Sunflower Wellness Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Sunflower Wellness a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Sunflower Wellness to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Sunflower Wellness and its affiliates, directors, officers, volunteers, contractors and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Sunflower Wellness reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Passwords
Sunflower Wellness has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Sunflower Wellness 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 Sunflower Wellness account and password; (3) promptly inform Sunflower Wellness of any need to deactivate a password. You grant Sunflower 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. Sunflower Wellness cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Sunflower Wellness tools and services.
Sunflower Wellness Community and Member to Member Areas ("Public Areas")
If you use a Public Area, such as message boards, blogs, Testimonials, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Sunflower Wellness and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Sunflower Wellness in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments;
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Sunflower Wellness, exposes Sunflower Wellness or any of its employees, contractors, volunteers, customers, clients, affiliates or suppliers to any liability or detriment of any type.
Sunflower Wellness Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the Sunflower Wellness Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the Sunflower Wellness Site, regardless of whether such communication(s) violate these standards.
Sunflower Wellness and/or its licensors have no liability or responsibility to users of the Sunflower Wellness Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Sunflower Wellness may provide links to third-party web sites. Sunflower Wellness also may select certain sites as priority responses to search terms you enter and Sunflower Wellness may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Sunflower Wellness does not recommend and does not endorse the content on any third-party websites. Sunflower Wellness is not responsible for the content of linked third-party sites, sites framed within the Sunflower Wellness Site, 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 websites is at your own risk and subject to the terms and conditions of use for such sites. Sunflower Wellness does not endorse any product, service, or treatment advertised on the Sunflower Wellness Site.
Indemnity
You agree to defend, indemnify, and hold Sunflower 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.
General
Sunflower Wellness is based in San Francisco, California in the United States of America with principal offices in San Francisco, California. Sunflower Wellness makes no claims that Sunflower Wellness or any Site within the Sunflower Wellness Network and the Content are 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 Sunflower Wellness Network 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 this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Sunflower Wellness, or in any way relating to your use of the Sunflower Wellness Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Sunflower Wellness or its affiliates, subsidiaries, employees, volunteers, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, 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.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Sunflower Wellness's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Sunflower Wellness's agent for copyright issues relating to this web site is as follows:
Sunflower Wellness
234 Grand View Ave.
San Francisco, CA 94114-3132
info@sunflowerwellness.org
Or call: 415-234-7010
In an effort to protect the rights of copyright owners, Sunflower Wellness maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Sunflower Wellness Site, these Terms and Conditions and the Sunflower Wellness Privacy Policy constitute the entire agreement between you and Sunflower Wellness with respect to the use of the Sunflower Wellness Site, and Content.
Consent to Participate in Exercise Programs
You are invited to participate in a Sunflower Wellness exercise program, which has been designed to help people living with cancer. You are invited to take part because you have received an exercise evaluation and/or recommendations to exercise.
Your participation in our programs is strictly voluntary. You may decide to end your participation at any time for any reason.
WHAT WILL MY PARTICIPATION INVOLVE?
If you decide to participate in this program you will provide Sunflower Wellness with your contact information, as well as brief information described herein.
We will also collect the following information about you:
1. From you: birthdate, age, home address, phone number, email address, exercise habits, brief cancer history, and current basic medical issues.
2. We do not collect or keep any other information related to your medical records.
By participating in our programs, you give Sunflower Wellness your permission to use the information described in these Terms and Conditions.
WILL I BE PAID FOR MY PARTICIPATION?
This is a voluntary program. You will not be paid for your participation in this program.
ARE THERE ANY SIDE EFFECTS OR RISKS TO ME?
There are always risks involved in undertaking physical exercise. You should check with your physician prior to beginning any program of exercise.
HOW WILL MY PRIVACY BE PROTECTED AND WHO WILL USE MY HEALTH INFORMATION?
We will maintain personal health information in a secure database. The health information collected from you when you sign up for our programs may be shared with exercise instructors or trainers who work with you.
Others at Sunflower Wellness and its affiliates who may need to use your health information in the course of this program:
• Trainers and instructors who work with Sunflower Wellness
Others outside of Sunflower Wellness and its affiliates who may receive your health information in the course of this program:
• exercise class providers and individual personal trainers who work with the participant.
• academic research investigators
People outside Sunflower Wellness and its affiliates who receive your health information may not be covered by privacy laws and may be able to share your health information with others without your permission. Whenever we share information from our programs with others outside Sunflower Wellness and its affiliates, it is not shared in a way that can identify any individual.
IS MY PERMISSION VOLUNTARY AND MAY I CHANGE MY MIND?
Your permission is voluntary. You do not have to sign this form and you may refuse to do so. If you refuse to sign this form, however, you cannot take part in any Sunflower Wellness Exercise Programs.
You may completely withdraw from the program at any time.
HOW LONG WILL MY PERMISSION TO USE MY HEALTH INFORMATION LAST?
By signing this form you are giving permission for your health information to be used by and shared with the individuals or institutions described in this form. Unless you withdraw your permission in writing to stop the use of your health information, there is no end date for its use for this program. You may withdraw your permission at any time by writing to the person whose name is listed below:
Sunflower Wellness, Inc.
234 Grand View Ave.
San Francisco, CA 94114-3132
Beginning on the date you withdraw your permission, no new information about you will be used. Any information that was shared before you withdrew your permission will continue to be used. If you withdraw your permission, you can no longer actively take part in our programs.
WHO SHOULD I CONTACT IF I HAVE QUESTIONS?
Please take as much time as you need to think over whether or not you wish to participate. If you have any questions about this program at any time, please contact Sunflower Wellness, Inc. here.
Thank you for your cooperation. We hope you find the sunflower wellness.org Site helpful and convenient to use!
Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Feedback Form or via U.S. mail to:
Sunflower Wellness
234 Grand View Ave.
San Francisco, CA 94114-3132.
We try to answer every email in a timely manner but due to volume may not always be able to do so.
Last Updated: February 25, 2011
Thank you for your interest in Sunflower Wellness!