Terms of Service 1 — Holistic Living

Terms of service.

In General

Netus LLC (hereinafter “Netus”) owns and operates this Website and app. In this document the terms “Website”, “Site”, and “app” will be used interchangeably. This document governs your relationship with Netus (“Website” or “Site”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms and Conditions" or “Terms of Service”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

Please read these terms in full before you use this Website. If you do not accept these Terms and Conditions, please do not use this Website. Your continued use of this site confirms your acceptance of these terms.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Services Provided

Netus makes available through this site several services, including but not limited to, alternative medicine content, suggested products, progress tracking, booking sessions, shopping. You are solely responsible for providing any and all means and equipment by which to use the services here provided, and any other services offered in the future.

Netus makes no representation that the services provided here are appropriate for use in any specific country or jurisdiction. All individuals accessing this site do so at their own risk and are responsible for complying with any laws of any government that could restrict said access.

Third Party Links

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Netus. Netus has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. If you use such third-party sites, you will leave this Website. If you decide to visit any linked third-party website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Netus does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that Netus sponsors, endorses, is affiliated or associated with any linked third-party websites.

Linking to This Site

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; you do not misrepresent your relationship with this website; and the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

By linking to this Website in breach of these conditions you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

We reserve the right to withdraw linking permission without notice.

Applicable Law

By visiting the Website, you agree that the laws of the State of California, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Netus.

In the event of any dispute or claim in contract, tort, or statutory law, arising out of this Agreement, the parties agree that said dispute or claim shall be resolved by arbitration, according to the rules of the American Arbitration Association, and that said arbitration shall be held in New York, NY, or such other mutually agreeable arbitration service or location to which the parties may agree. The paragraph headings used in these Terms and Conditions are for convenience only and shall not in any way affect the interpretation of any provision.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. The Privacy Policy is incorporated into these Terms and Conditions fully, by reference.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of this Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Netus will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

You must not impersonate any person or entity while using this site. You must not threaten, harass, defame, defraud, or intimidate any individual or entity while using this site.
You must not use this site to breach the security of any account of any individual or entity.

Netus will report any such violation(s) of these terms to the relevant law enforcement authorities and disclose your identity to them.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, Netus and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability

to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Assumption of the Risk and Waiver of Liability

By using the Netus app and accepting these terms and conditions, you expressly assume the risk of participating in any challenge or other activity presented by Netus, and you waive any claim against Netus for any injuries of any type sustain in pursuing any activity described by Netus. You agree that you are freely choosing to elect to engage in these activities, and you assume the risk of all liability arising from the use of Netus, including the liability of 3rd parties who may have claims as a result of your use of Netus.

Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Netus and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Netus.

You are solely responsible for any file(s) you submit to Netus. We may review submissions for compliance with our guidelines and reserve the right to refuse or reject any material for any reason or no reason. By submitting a file to Netus, you represent and warrant that you have the rights (Including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to copy, alter, amend, otherwise reproduce, edit, modify, produce derivative works from, distribute (through multiple tiers), publicly or privately display and otherwise use the image(s), as well as the right to contract with Netus to perform the services you purchase from us. You agree to indemnify and hold harmless Netus, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (Including without limitation attorneys’ fees) that arise directly or indirectly from your breach of these Terms and Conditions, or any other applicable law or regulation.

You understand and agree that by uploading or otherwise submitting files to Netus, that you are surrendering any claim to the exclusive rights to any use of said file(s), and that Netus may use said file(s) for any purpose, Including, but not limited to a commercial purpose; and, that you hereby relinquish any monetary claim or other claim for any payment or remuneration for the use of said file(s).

Indemnity

You agree to indemnify, defend and hold harmless Netus, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (Including, but not limited to, legal fees) arising from your use this Website, participation in any challenge or other activity from Netus, or your breach of the Terms of Service.

Variation

Netus shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (Including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Netus.

Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director or authorized officer of Netus.