Terms and Conditions of Use
OVERVIEW
The QuantumLightHealthcare.com and its subsidiary: EmpowermentWeightLoss.com website is owned, controlled, and operated by Dr Kat Halloran, ND, PLLC, DBA Quantum Light Healthcare. The terms “Company”, “we”, “us”, and “our” refer to Dr Kat Halloran, ND, PLLC, Quantum Light Healthcare. The term “Site” refers to QuantumLightHealthcare.com and EmpowermentWeightLoss.com The term “user,” “you” and “your” refers to any and all site visitors, customers and any other site users. The term “Service” refers to services and products provided by us.
These Terms and Conditions of Use (the “Agreement”) describes the Terms and Conditions for your use and access of the Site. By using this site, you agree to adhere to the following terms and conditions and to be bound by these Terms of Service, and to use the Site in accordance with these Terms of Service, our Privacy Policy and any other terms and conditions that may apply to specific areas of the Site or specific products or services available from the Company. Please review these terms and conditions carefully. If you do not agree to the herein Terms and Conditions, you should not use this Site. We reserve the right to amend, revise and change these Terms of Service, at any time. In the event of changes to the Terms and Conditions of use, the revised Terms will be posted on this website with an alert to the revisions. By continuing to use the Site after such changes have been posted, you are accepting the Terms and Conditions, as so modified.
The last update was on September 20th 2021
PRIVACY
Your use of this Site is also governed by our Privacy Policy. Please review our Privacy Policy at www.QuantumLightHealthcare.com/PrivacyPolicy
USE OF THIS SITE
This Site is not intended for, nor marketed to children. To access this Site, you must be 18 years or older and have the requisite power and legal authority to knowingly enter into these terms of service. Use of this Site by Children under 18 is strictly prohibited. As stated in our Privacy Policy, we do not knowingly collect data or provide services to children under 18. By continuing to use this Site, you are agree that you are 18 years or older.
Materials and Services on or provided by this Site contain education and information on the subjects of health, wellness, wellbeing and weight loss in addition to the in-person medical practice of Dr Kat, located in Washington State, USA. Dr Kat Halloran, ND, PLLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for distribution, sublicense, sale, preparation of derivative works, republication, or other use. You agree not to copy materials housed on this site or produced by the company. You agree not to reverse engineer, break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Dr Kat Halloran, ND, PLLC and it may terminate your use of this website at any time without notice.
USE OF INFORMATION
Quantum Light Healthcare reserves the right to, and you authorize us to use and assign all information regarding use of this Site by you and all information provided by you in any manner consistent with and directed by our Privacy Policy.
LAWFUL PURPOSES
You may use this Site and the Services provided by the Company for lawful purposes only. You shall not post, share or transmit through this Site any media, text or material which violates or infringes upon the legal or personal rights of others, or any material which is abusive, threatening, libelous, invasive of privacy, defamatory, vulgar, obscene or otherwise objectionable. Nor anything that contains formulas, recipes or instructions which could cause injury to self or others, or that which encourages criminal conduct, civil liability or violation of any law.
REFUSAL OF SERVICE
We reserve the right to refuse service to any order, person or other entity without obligation to provide reason for doing so. We reserve the right to change or discontinue any aspect or feature of the Site or our Services at any time, with or without notice, subject to fulfilling previous responsibilities to Users who paid for services before any changes took effect.
CANCELLATIONS, REFUNDS AND RETURNS
Full, partial or denial of refund will be on a case-by-case basis, at the discretion of the Company, based on if services have been rendered by the Company to a level considered to satisfy the original and any subsequent purchase contracts.
ORDER CONFIRMATION
No order shall be considered accepted by Us until payment has been fully processed. Upon placement of your order, you will be sent an email to the address you provided at check out, containing the details of delivery for the product(s) purchased. In the event you find an error in this email confirmation, it is your responsibility to inform us of said errors as soon as possible.
OWNERSHIP
All content presented on this site is the property of the Company and its content suppliers and is protected under all applicable copyright, trademark and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of this Site is prohibited, except as permitted in this Agreement, or with written permission from the Company. In no circumstances will you acquire or hold any ownership rights or other interest in any content or service through your use of this Site.
Dr Kat Halloran, ND, PLLC claims no intellectual property rights over any form of Material you submit to or post on the Site. You retain copyright and any other rights you hold on any content you submit through this Site and remains yours to the extent that you have any legal claims. However, you grant the Site and Company a worldwide, nonexclusive, irrevocable license to display any Materials you supply to us for business development and marketing purposes only. You acknowledge that the Company has the right but not the obligation to use or display any postings, contributions or shared material and that the Company may elect to discontinue use and/or display of any materials at any time for any reason.
By visiting and using this Site, you agree to hold Dr Kathleen Halloran, Dr Kat Halloran, ND, PLLC, Quantum Light Healthcare and any affiliates, associates or partners thereof harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark infringement claimed against you.
If you believe that your work has been copied by us in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide notice to our office in either of the following ways:
Email:Business@QuantumLightHealthcare.com
Mail: PO Box 1902 Edmonds, WA 98020
LIMITATION OF LIABILITY
You agree that under no circumstances shall Dr Kathleen Halloran, Dr Kat Halloran, ND, PLLC, Quantum Light Healthcare or its partners, employees, or affiliates be held liable for any direct, indirect, incidental, special or consequential damages that result from or are believed to result from the use of, or the inability to use this Site, including any materials, products, services, third-party materials, products or services made available through this Site.Additionally, the Company is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.even if we are advised beforehand of the potential of such damages. (Because some states do not allow the exclusions or limitation of certain kinds of damages, the above limitation may not apply to you. In such states, our liability and the liability of our affiliates is limited to the fullest possible extent permitted by applicable local law.)
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user.
If you are dissatisfied with this Site, the materials, products or services provided through this Site, or with any of this Site's Terms and Conditions of Use, your exclusive remedy is to discontinue use of this Site, and any products, services and materials produced by Dr Kat Halloran, ND, PLLC / Quantum Light Healthcare.
DISCLAIMER
This Site is continually under development and is provided “as is” or “as available”. Quantum Light Healthcare makes no warranty or guarantee of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
By using this Site and/or participating in products and services provided by and through this Site, you acknowledge and agree that no representation or guarantee has been made by Dr Kathleen Halloran, Dr Kat Halloran, ND, PLLC, Quantum Light Healthcare, its partners, employees or affiliates as to the benefits, health related results, future income, expenses, potential profitability or other result or outcome that may be derived from the participation or purchase of these programs or services.
INDEMNIFICATION
You agree to indemnify, defend and hold Dr Kathleen Halloran, Dr Kat Halloran, ND, PLLC, Quantum Light Healthcare, our partners, employees, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of this Site.
MEDIATION
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by means of Mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal remedy, including litigation, arbitration, or other dispute resolution process.
RECOVERY OF LITIGATION EXPENSES
If any legal action, arbitration or other proceeding is brought pertaining to the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation of any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitled or granted.
GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with and governed by the laws of Washington State, as applied to contracts that are executed and performed entirely within Washington State. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Snohomish County, Washington.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ENTIRE AGREEMENT/WAIVER
This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Dr Kat Halloran, ND, PLLC dba Quantum Light Healthcare shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Quantum Light Healthcare
PO Box 1902
Edmonds, WA 98020
USE OF HEADINGS
The headings of the paragraphs and subparagraphs within this Terms and Conditions of Use Agreement are included for convenience only and shall not affect the construction or interpretation of any of the included provisions.
