Welcome to Val Barschaw, Inc. dba HospitaltoHealth.com. By
accessing and using this website, you agree to be bound by the following terms
and conditions. Please read them carefully.
Use of the Website
- The content of this website is for your general
information and use only. It is subject to change without notice.
- Unauthorized use of this website may give rise to a claim
for damages and/or be a criminal offense.
-- This website and the information contained therein is
intended for a United States audience ages 18 and up. If you use the website,
you are affirming that you are at least 18 years old or the legal age of
majority in your state or province of residence (whichever is greater), and
have read this Agreement and understand and agree to its terms.
Intellectual Property
- All rights, titles, and interests in and to the content
provided on this website, including but not limited to text, graphics, and
code, are owned by or licensed to Val Barschaw, Inc. It is strictly prohibited
to copy, distribute, or use any part of this content without prior written
permission from Val Barschaw, Inc.
User Obligations
- You agree to use the website in accordance with all
applicable local, state, national, and international laws and regulations.
- You are prohibited from using the website to engage in any
illegal or harmful activities.
Disclaimer of Warranties
- This website is provided "as is" without any
representations or warranties, express or implied.
Val Barschaw, Inc. makes no representations or warranties with
respect to the website or its content, or any tool, feedback, coaching service,
information, product, or service available on or promoted through the website,
including products or services from third parties. The website, all tools, any feedback,
and all content are provided on an “as is,” “as available” basis, without
representations or warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY
LAW, VAL BARSCHAW, INC. DISCLAIMS ANY
AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY
STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY,
WITH RESPECT TO THE SITE, ITS CONTENT, TOOLS, ANY COACHING, INFORMATION, AND
ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE WEBSITE. Without
limiting the generality of the foregoing, Val Barschaw, Inc., its affiliates,
and their service providers and licensors disclaim all representations and
warranties of the following: (a) title, non-infringement, merchantability and
fitness for a particular purpose, (b) security of the website, (c) that the
Content of the website, feedback, or any tools are accurate, complete, or
current, or (d) that the website will operate securely or without interruption
or error. Your use of the website is at your own risk.
We do not represent nor warrant that the website, its
servers, or any transmissions sent from us or through the website will be free
of any harmful components (including viruses).
Shipping Fees
- Unless otherwise stated on the website at the time of
purchase, if we ship you a physical product, we reserve the right to add
applicable shipping and handling fees to your order. Accurate shipping address
and phone number information is required. Although we may provide delivery or
shipment timeframes or dates, such dates are good faith estimates and are
subject to change. We shall not be liable for any loss, damage, cost, or
expense related to any delay in shipment or delivery caused by any third-party carrier
or other delivery service not owned or controlled by us. The risk of loss and
title for such items pass to you upon our delivery to any third-party carrier.
Providers/Collaborators
--Val Barschaw, Inc. may from time to time recommend certain
vendors, service providers, or collaborators. Val Barschaw, Inc. does not make,
and hereby disclaims, any representations and warranties regarding the products
or services of said entities. Your engagement is solely between you and that entity
and is governed by the terms of the agreement between you and them. VAL
BARSCHAW, INC. IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST
PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY, BY YOUR USE OF A PROVIDER OR COLLABORATOR.
Links to Third-Party Websites
--The website may (a) provide links to other websites
operated by third parties. Val Barschaw, Inc. is not responsible for the
availability of those websites and does not endorse any third party business
except as expressly stated on the website, and with respect to any businesses
endorsed on the website, Val Barschaw, Inc. expressly disclaims all
responsibility and liability for any services, products, content, advertising,
services, products, or other materials on or available from such third parties.
VAL BARSCHAW, INC. IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR
LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR
RELIANCE ON ANY CONTENT, ADVERTISING, SERVICES, PRODUCTS, OR OTHER MATERIALS ON
OR AVAILABLE FROM SUCH THIRD PARTIES OR THEIR WEBSITES. These Terms do not
apply to your use of third-party websites; your use of such websites is subject
to the terms and policies of the owner of such websites.
Val Barschaw, Inc. may have financial relationships with
some of the companies, products, and services mentioned on the website and may
be compensated if users choose to follow the links pointing to those companies,
products, or services.
Limitation of Liability
--To the fullest extent permitted by applicable laws, we, on
behalf of our owners, directors, officers, employees, agents, suppliers,
licensors, and service providers, exclude and disclaim liability for any losses
and expenses of whatever nature and howsoever arising, including, without
limitation, any direct, indirect, general, special, punitive, incidental, or
consequential damages, loss of use, loss of data, loss caused by a virus, loss
of income or profit, loss of or damage to property, claims of third parties, or
other losses of any kind or character, even if we have been advised of the
possibility of such damages or losses, arising out of or in connection with the
use of the Site. You assume total responsibility for establishing such
procedures as you consider necessary for data back up and virus checking. This
limitation of liability applies whether the alleged liability is based on
contract, tort (including negligence), strict liability, or any other basis.
If any part of this limitation on liability is found to be
invalid or unenforceable for any reason, then the aggregate liability of the
released parties for liabilities that otherwise would have been limited shall
not exceed the amount you paid Val Barschaw, Inc.
in the twelve (12) months immediately
preceding the event giving rise to the liability.
Geographic Restrictions
--The website is intended for a United States audience. If
you access the website from a country other than the United States, your use of
the website is unauthorized and at your own risk.
Severability
--If any provision of these Terms is held by a court of
competent jurisdiction to be contrary to law, such provision will be changed
and interpreted so as to best accomplish the objectives of the original
provision to the fullest extent allowed by law, and the remaining provisions of
these Terms will remain in full force and effect.
Indemnification
You agree to indemnify, defend and hold Val Barschaw, Inc. , its subsidiaries, and
affiliates, and their respective owners, officers, directors, agents, partners,
and employees, harmless from any loss, liability, claim and expense, including
reasonable attorneys’ fees, related to your violation of these terms or use of
the website. We reserve the right to defend any such claim, and you agree to
provide us with such reasonable cooperation and information as we may request.
Changes to Terms
--These terms are current as of the effective date set forth
above. Val Barschaw, Inc. reserves the
right to change these terms from time to time and as it deems necessary,
including to be consistent with applicable laws. These changes will be
effective as of the date we post the revised version on the website. Your
continued use of the website after we have posted the revised terms constitutes
your agreement to be bound by the revised terms. If at any time you choose not
to accept the revised terms, you may not access or use the website.
Governing Law
- These terms are governed by and interpreted in accordance
with the laws of the United State of America for the State of Washington,
County of Kittitas. Any legal action or proceeding related to your access to or
use of the website must be instituted in a federal or state court located in and
for the State of Washington County of Kittitas. However, we retain the right to
bring legal proceedings in any jurisdiction where we believe that violation of
these terms is taking place or originating.
Entire Agreement
--These terms, together with our Privacy Policy and any
supplemental terms referenced or linked to herein, contain the entire
understanding and agreement between you and Val Barschaw, Inc. with respect to
the website and supersede all previous communications, negotiations, and
agreements, whether oral, written, or electronic, between you and Val Barschaw,
Inc. with respect to the website and your use of and access to the website.
Contact Information
- For any questions or concerns about these terms, please
contact us at [email protected].