Terms of Service and Use
Last Updated: June 28, 2014
By using the Sunflower Wellness Site and the free resources provided thereon (together, the “Sunflower Wellness Site” or the “Site”), you agree to all of the terms and conditions of these Terms of Service, including the limitations of liability set forth herein.
PLEASE READ THESE TERMS OF SERVICE OF USE CAREFULLY BEFORE USING THIS SITE OR USING ANY SUNFLOWER WELLNESS SERVICES. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SUNFLOWER WELLNESS SITE OR SUNFLOWER WELLNESS SERVICES.
Sunflower Wellness provides exercise counseling sessions, personal training sessions, movement and exercise classes (the “Services”) to its clients and provides information and resources to the public. Sunflower Wellness does not provide medical services, medical treatment or medical advice. If you wish to learn more about becoming a client of Sunflower Wellness, please contact us at firstname.lastname@example.org or fill out the information form provided here.
For the avoidance of doubt, our clients’ participation in the Services is governed by the Agreement and Waiver of Liability agreed to by the client at the time of intake session, and during the sign-up process on the Sunflower Wellness Site. These Terms of Service govern use of the Sunflower Wellness Site and the Services, whether or not you are a client of Sunflower Wellness.
Sunflower Wellness Services
You understand and agree that your participation in any of the Services is at your own risk. Sunflower Wellness assumes no risk or liability for any aspect of your participation. You agree to execute, upon request, any liability waiver or general release as requested by Sunflower Wellness-affiliated health facilities where you exercise.
You further understand and agree that Sunflower Wellness has the right to refuse services to anyone for any reason at any time. We maintain this right in order to ensure that as a participant, you abide by all rules of conduct at our participating facilities, behave in a manner that allows fitness instructors to perform their duties without disruption, and at all times demonstrate common courtesy to other Sunflower Wellness participants, fitness club members, and fitness club staff. It is also our intention to provide a safe and comfortable environment for all of our participants to exercise, yet we recognize that in some cases we don’t possess the time, skills, or capabilities to meet the needs of everyone who wishes to use our Services. When we recognize that such circumstances exist, we will make our best effort to support each affected participant, while reserving the right to terminate our providing the Services at our sole discretion.
As a Sunflower Wellness participant, you agree that your use of any fitness club facility where Sunflower Wellness provides Services (a “Facility”), including your use of exercise equipment, exercise machines, racquet and tennis courts and any transportation provided by such Facility is undertaken at your sole risk. You further agree that neither Sunflower Wellness nor the Facility is liable for any injuries or damages to you or to your property. You agree that neither Sunflower Wellness nor the Facility is subject to any claim, demand, injury or damages whatsoever, including, without limitation, those damages resulting from acts of active or passive negligence on the part either of Sunflower Wellness, its officers, employees, directors, or affiliated partners, or of the Facility, its owners, officers, agents, employees or associates. Both for yourself and on behalf of your executors, administrators, heirs, assigns and successors, do hereby expressly forever release and discharge Sunflower Wellness, including its officers, employees, directors and affiliated partners, and the Facility, its owners, officer, agents or employees and assigns from all such claims, demands, injuries, damages, actions and causes of action. You agree that neither Sunflower Wellness nor the Facility is responsible or liable to you for articles damaged, lost or stolen in or about the Facility, or in the lockers, or for loss or damage to any property including, but not limited to automobiles and the contents thereof. You agree not to store any valuables in lockers and to use the lockers provided solely for temporary clothing storage.
If, as a Sunflower Wellness participant, you use any facilities owned or operated by Body By X, LLC, you agree to the following terms and conditions as a “participant”:
All Sunflower Wellness participants agree to abide by the rules, policies and guidelines set by Body By X, LLC, and all of its partner properties, including limitations on the number of visits permitted.
I agree to waive and relinquish all claims my minor child or I may have as a result of participating in any program, class or clinic against Body By X, LLC and its officers, agents, servants, employees and independent contractors. I further agree to indemnify and hold harmless and defend Body By X, LLC and its officers agents, servants, employees and independent contractors from my claims resulting from injuries including damages and losses sustained by me or my minor child that arise out of, in connection with, or in any way associated with the activities of this program.
In the event of an accident or injury to my minor child or me, I hereby give my consent for Body By X, LLC faculty or staff to take appropriate action for the safety and welfare of my child or myself and arrange medical treatment for myself or my child, or admit my child in the event that I cannot be reached. I understand that I will be financially responsible for any medical treatment or service to my child or myself.
I consent and agree that still photographs and motion picture in the form of either live or videotape may occur during a Body By X, LLC camp, class, clinic, special event or workshop. I give permission to use them for newsletters, advertisements, brochures, video publicity in conjunction with the teaching, instruction, training, information, marketing and education and hereby release Body By X, LLC and forever discharge any claim of any nature against them as long as the material is used in compliance with the above stated above.
If, as a Sunflower Wellness participant, you use any facilities owned or operated by The Bay Club Company, you agree to the following terms and conditions as a “participant”:
All Sunflower Wellness participants agree to abide by the rules, policies and guidelines set by The Bay Club Company and all of its partner properties, including limitations on the number of visits permitted.
Each participant also agrees that all use of the club facilities, exercise equipment, exercise machines, racquet and tennis courts and any transportation provided by The Bay Club Company is undertaken at his/her sole risk. Each participant further agrees that the Club is not liable for any injuries or damages to the participant, or the property of the participant. The participant agrees that the Club is not subject to any claim, demand, injury or damages whatsoever, including, without limitation, those damages resulting from acts of active or passive negligence on the part of the Club, its owners, officers, agents, employees or associates, including Sunflower Wellness. The participant for himself/herself and on behalf of his/her executors, administrators, heirs, assigns and successors, does hereby expressly forever release and discharge the club, its owners, officer, agents or employees and assigns from all such claims, demands, injuries, damages, actions or causes of action.
The participant agrees that the Club is not responsible or liable to the participant for articles damaged, lost or stolen in or about the Club, or in the lockers, or for loss or damage to any property including, but not limited to automobiles and the contents thereof. The participant agrees not to store any valuables in lockers and to use the lockers provided solely for temporary clothing storage.
If, as a Sunflower Wellness participant, you use any facilities owned or operated by Fitness SF, you agree to the following terms and conditions as a “participant”:
All Sunflower Wellness participants agree to abide by the rules, policies and guidelines set by Fitness SF and all of its partner properties, including limitations on the number of visits permitted.
You understand and agree that you are aware that participating in group fitness classes at FITNESS SF will place stress on your muscular skeletal and cardiovascular system and can be hazardous. You hereby certify that you are not suffering from any physical disability, are not under the care of any physician, are physically able to participate in exercise, including but not limited to Group Fitness classes, and are aware that you should only do the movements which you are physically capable of executing. You hereby release for yourself, your heirs, your executors and administrators and waive any and all rights to claims for damages arising from any illness, injury, or damage resulting from your participation in exercise, including but not limited to, group fitness classes at FITNESS SF.
If, as a Sunflower Wellness participant, you use any facilities owned or operated by Body Kinetics, you agree to the following terms and conditions as a “participant”:
RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT BODY KINETICS, LLC
I warrant that I am in good physical condition and have no disability, impairment or ailment which would be adversely affected by participation in a physical conditioning program or by use of the facility or services. I also warrant that I will notify Body Kinetics, LLC should such a problem develop in the future. Body Kinetics, LLC urges all members, guests and drop-in exercisers to obtain a physical examination before engaging in any fitness program.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT.
1. I acknowledge that I have voluntarily applied for membership in Body Kinetics, LLC, or intend to purchase services provided by Body Kinetics, LLC as a guest, and that, in consideration of the privileges associated with membership or guest usage of the facilities, and after examining the premises of Body Kinetics, LLC and investigating its programs, I for myself, and on behalf of my heirs, assigns, personal representatives and next of kin HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS BODY KINETICS, LLC, OR ANY AFFILIATED PERSONS AS DEFINED AT PARAGRAPH 3 HEREIN, ON ANY AND ALL CLAIMS OR ACTIONS FOR PERSONAL INJURIES OR DEATH OR PROPERTY DAMAGE OR LOSS, WHETHER CAUSED BY THE NEGLIGENCE OR ANY OTHER ACT OR OMISSION, HOWEVER CAUSED, OF BODY KINETICS, OR ITS AFFILIATED PERSONS (or any person or entity, including but not limited to other members of Body Kinetics for whose actions Body Kinetics or any of its Affiliated Persons might be deemed liable) OR OTHERWISE (including but not limited to the rendering of first aid treatment or any other service by unqualified persons) while I am on the premises of Body Kinetics or on premises controlled by Body Kinetics or any of its Affiliated Persons. These events or activities include but are not limited to: any programs, plans, guidance or instruction that Body Kinetics provides; nutritional suggestions, fitness suggestions, fitness testing, exercise programs, instructional programs; and social, and/or competitive events or activities held on or off Body Kinetics’ premises.
2. I further agree that all provisions of this RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT IF I ELECT TO EMPLOY A PRIVATE INSTRUCTOR to instruct or advise me with respect to my use of Body Kinetics’ facilities or while I am participating in any event or activity (as defined in paragraph 1) sponsored by or associated with BODY KINETICS or any affiliated Persons as defined herein.
3. Those persons who are Affiliated for purposes of this RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT include all stockholders, owners, directors, officers, contractors, employees and agents of the following entities, the following entities themselves, and all the heirs, executors, administrators, personal representatives, successors, assigns and estates of any of the preceding individuals or following entities: Body Kinetics, LLC or it’s Partners, Michael T. Hoeber Jenkins and John Hoeber. All companies or firms managing or operating Body Kinetics, and all companies and firms affiliated with any of the foregoing. Affiliated Persons also include all lessors, sellers, suppliers, providers, manufacturers, distributors, designers, and promoters of any part of Body Kinetics or any piece of equipment in Body Kinetics including shower areas, gymnasiums, exercise equipment or any service provided to Body Kinetics or in Body Kinetics (including but not limited to Massage service, tanning, fitness appraisals, fitness programs, personal training, workshops or seminars, aerobic classes, circuit training or nutritional counseling).
4. I further agree that this RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the state of California and that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5. I further warrant and state that I am AT LEAST EIGHTEEN YEARS OLD, or that I have otherwise complied with the laws of the state of California which will allow me to assume contractual duties and liabilities; and I further warrant and state that I HAVE IN FACT READ CAREFULLY THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, THAT I KNOW AND FULLY UNDERSTAND THE CONTENTS HEREOF, THAT I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND THAT MY USE OF BODY KINETICS FACILITIES REPRESENTS MY ACCEPTANCE BY MY FREE WILL OF ALL OF ITS PROVISIONS.
Sunflower Wellness Content
The Sunflower Wellness Site provides information, text, graphics, videos, images, links, and other materials relating to the Services and the Sunflower Wellness mission, such as exercise class schedules, scholarship applications and donation tools and other content regarding cancer treatment and exercise (the “Content”).
From time-to-time, Sunflower Wellness may provide links to third-party websites containing content regarding cancer treatment and other materials relating to the Sunflower Wellness mission (“Third-Party Content”). Third-Party Content is provided as a resource and for informational purposes only. Third-Party Content is not under the control of Sunflower Wellness. Sunflower Wellness is not responsible for any Third-Party Content (including sites framed within the Sunflower Wellness Site, third-party sites provided as search results, or third-party advertisements) and does not make any representations or warranties as to the accuracy of Third-Party Content. Your use of third-party websites and Third-Party Content is at your own risk and subject to the terms and conditions of use and privacy polices for such sites. Sunflower Wellness does not endorse any product, service, or treatment described on any third-party website or in any Third-Party Content.
The Content is for informational purposes only. Sunflower Wellness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sunflower Wellness Site. The information, advice and exercise videos provided by Sunflower Wellness on the Site are not intended to diagnose any medical condition or to replace the services of a physician or other health care provider, nor does such information establish a physician-patient relationship. The Content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider prior to starting any fitness program, changing your diet, or if you have any questions you regarding a medical condition. If you experience any pain or difficulty while using any resource available on the Sunflower Wellness Site, you should stop immediately and consult your healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sunflower Wellness Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
By participating in any fitness video, performing any exercises, or using any other fitness and/or health advice described on the Site, you warrant that you have consulted a physician regarding your ability to participate in such activities. You hereby expressly assume all risks, both known and unknown, of all losses, damages or injuries that may be sustained by while participating in any exercises or fitness videos provided on the Site, including, without limitation, the possibility of physical or emotional injury, paralysis, death, other serious personal injuries, and loss or damage to personal property.
Reliance on any information provided by Sunflower Wellness, whether Sunflower Wellness Content or Third-Party Content, is solely at your own risk. The Sunflower Wellness Site is intended for Users over the age of 18. The Site may contain health or medical-related materials that are medically graphic or adult in nature. If you find any such health materials offensive, you may not want to use our Site.
Use of Content
The use of the Sunflower Wellness Site and the Content, including all Third-Party Content, is at your own risk.
Sunflower Wellness authorizes you to view or download a single copy of the Content displayed on the Site solely for your personal and non-commercial use, provided that you do not remove any trademarks, copyright or other notice contained in such Content. Sunflower Wellness permits text links to the content on the Sunflower Wellness Site, provided that (i) such text link identifies Sunflower Wellness as the source website; (ii) the use of such text link does not imply that Sunflower Wellness is associated with or endorsing any entity, product or website; and (iii) the use of such text link does not otherwise damage or dilute the goodwill associated with the Sunflower Wellness name.
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 of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. Content is subject to change without notice in the 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 of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The Sunflower Wellness Site may provide tools allowing Users to submit information to Sunflower Wellness, including message boards, forms, blogs, and other user interactive features (collectively, the “Public Areas”). You are solely responsible for all information, data, texts, photographs, videos, messages or other content that you post to a Public Area. Sunflower Wellness and its licensors are not responsible for any user content posted in the Public Areas. Sunflower Wellness has no obligations or liability to store or maintain user content posted to the Sunflower Wellness Site and may delete or otherwise remove such content from our website servers at any time. You bear all risks and liabilities for content that you upload, post, email, transmit or otherwise make available on the Sunflower Wellness Site by use of a Public Area.
You agree not to use the Sunflower Wellness Site to:
1. upload, post, email, transmit or otherwise make available content that (i) infringes on the intellectual property rights (including any patent, trademark, trade secret, copyright or any other proprietary right) of others or on the privacy or publicity rights of others; (ii) is disrespectful towards others, unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, pornographic, sexually explicit, offensive or embarrassing to any other person or entity as determined by Sunflower Wellness in its sole discretion; (iii) constitutes advertisements or solicitations of business, “spam”, chain letters or pyramid schemes, or any other form of solicitation or content that is otherwise off-topic or does not pertain to the applicable discussion forum or the Site; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site; (v) contains medical advice or (vi) is otherwise objectionable or could give rise to any civil or criminal liability under applicable law or regulations;
2. intentionally or unintentionally violate any local, state, national, or international laws;
3. impersonate another person or entity or otherwise falsely represent yourself;
4. harvest or otherwise collect information about other users; or
5. engage 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 (1) review any user content submitted to the Site; (2) edit or delete any content posted on the Site; and/or (3) remove any content from the Site for any reason, at any time, without prior notice, at our sole discretion. Sunflower Wellness and/or its licensors, affiliates, agents, contractors, employees, volunteers and suppliers have no liability or responsibility to users of the Sunflower Wellness Site or any other person or entity for performance or nonperformance of such activities.
If you believe any Content posted to the Public Forums violates these Terms of Service, please contact us at email@example.com.
If you make any submission to the Sunflower Wellness Site, including any information, ideas, concepts, media, photographs, videos or invention, whether through the use of a Public Area or by email or any other submission to Sunflower Wellness, you automatically grant, and warrant that the owner of such content or intellectual property has expressly granted, Sunflower Wellness a royalty-free, perpetual, irrevocable, world-wide, nonexclusive, sub-licensable license to use, copy, print, display, reproduce, modify, 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.
By submitting communications or content to the Public Areas, you agree that the information contained in such submission is non-confidential for all purposes. You warrant that you will not disclose or submit the personal information of another person, including name or other identifying information, health information, cancer type or any other information, without such person’s express consent. If you wish to keep any information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Sunflower Wellness online or by email.
Sunflower Wellness provides tools allowing Users to register and create a personal profile on the Sunflower Wellness Site. 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) protect your password; (2) authorize, monitor, and control access to and use of your Sunflower Wellness account and password; and (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 may, in its sole direction, terminate your password or account for any reason.
Disclaimer of Warranties
THE SUNFLOWER WELLNESS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. SUNFLOWER WELLNESS, ITS LICENSORS, AFFILIATES, AGENT, CONTRACTORS, EMPLOYEES, VOLUNTEERS AND 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, affiliates, agents, contractors, employees, volunteers and suppliers make no representations or warranties regarding: (1) the accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Sunflower Wellness Site, including the Third-Party Content; and (2) the satisfaction of any government regulations requiring disclosure of information on drugs or medical products or the approval or compliance of any Content contained on the Sunflower Wellness Site, including the Third-Party Content.
Limitation of Liability
IN NO EVENT SHALL SUNFLOWER WELLNESS, ITS LICENSORS, AFFILIATES, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS AND SUPPLIERS 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, AFFILIATES, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS AND SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Sunflower Wellness, its licensors, affiliates, agents, contractors, employees, volunteers and suppliers shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Sunflower Wellness, its licensors, affiliates, agents, contractors, employees, volunteers and suppliers are not liable for any personal injury, including death, or illness caused by your use or misuse of the Site, any Content, or the Public Areas. 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 of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
You agree to defend, indemnify, and hold Sunflower Wellness, licensors, affiliates, agents, contractors, employees, volunteers 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 use of the Site or your violation of these Terms of Service.
Jurisdiction and Arbitration
These Terms of Service are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Service 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 of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
YOU EXPRESSLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE INTERPRETATION OF ANY PROVISION OF THESE TERMS OF SERVICE, TO THE PERFORMANCE OF EITHER PARTY UNDER THESE TERMS OF SERVICE OR TO ANY OTHER MATTER UNDER OR IN CONNECTION WITH THIS AGREEMENT AND WAIVER, INCLUDING ANY ACTION IN TORT, CONTRACT OR OTHERWISE, AT EQUITY OR LAW SHALL BE RESOLVED EXCLUSIVELY BY ARBITRATION CONDUCTED IN SAN FRANCISCO, CALIFORNIA UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The decision of the arbitrator shall be binding and enforceable in any court of competent jurisdiction. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Sunflower Wellness alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
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 website by contacting Sunflower Wellness’s copyright agent (identified below) and providing the following information: (i) identification of the copyrighted work or that you believe to be infringed, describing the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (ii) identification of the material on the Sunflower Wellness Site that you believe to be infringing and its location, describing the material, and provide us with its URL or any other pertinent information that will allow us to locate the material; (iii) your name, address, telephone number and e-mail address; (iv) 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; (v) 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; and (vi) 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:
584 Castro St. #250
San Francisco, CA 94114
In an effort to protect the rights of copyright owners, Sunflower Wellness maintains a policy for the termination, in appropriate circumstances, for Users of the Site who are repeat infringers.
Changes to our Terms of Service
Please read the Terms of Service carefully. Sunflower Wellness reserves the right to change our Terms of Service at any time. We will notify you of significant changes to our Terms of Service by sending a notice to the primary email address specified in your account and by placing a notice on the Sunflower Wellness Site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and for updates. The effective date of the latest version of the Terms of Service will appear on this page.
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 the Sunflower Wellness Site 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 Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
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. 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.
Questions or comments regarding this website, including any reports of non-functioning links, or reports of inappropriate Content on the Public Forums should be submitted by email at firstname.lastname@example.org or via U.S. mail to:
584 Castro St. #250
San Francisco, CA 94114
We try to answer every all correspondence in a timely manner, but due to volume may not always be able to do so.
Last Updated: June 28, 2014
Thank you for your interest in Sunflower Wellness!