Delta Holistic has established this community to help increase use of wellness services and to provide marketing and business development opportunities to its Provider members. By maintaining membership in the Delta Holistics Network, Providers inform others that they are part of a community of professional service providers that is encouraging wellness around the country. All providers agree to conduct themselves according to the terms and conditions detailed below:
Delta Holistics will be written as dH for the remainder of this document.
Provider Membership Terms and Conditions
dH reserves the right to deny membership for any reason including, but not limited to, incomplete application, failure to meet terms and conditions of membership.
dH and the Provider are independent contractors and neither party is the legal representative, agent, joint venture, partner or employee of the other party. Provider shall indemnify, defend and hold dH harmless from and against any and all claims, damages, liabilities, judgments, costs, and expenses (including reasonable attorneys fees and disbursements), arising out of any action brought by any third party relating to the services provided (or not provided), or actions (or failure to act), of Provider member or any of its representatives.
Active membership continues until either party notifies the other in writing of its intent to terminate membership. A formal termination letter will be prepared by dH and delivered in writing to the terminating Provider as confirmation. Although the Providers listing will be removed from the online listing within one week, there may also be printed versions of Provider listings circulating.
During Membership, Providers Agree to:
Maintain and offer one or more services that meet dH criteria.
Meet licensing requirements as set by licensing agencies specific to their profession and their state.
Pay membership fees and honor these financial terms of membership.
Promptly inform dH of any problems that may arise so they may be promptly resolved.
During Active Membership Delta Holistics Agrees to:
Conduct marketing campaigns at its discretion, but cannot guarantee any specific volume of business to member Providers.
Place Provider listings on the Delta Holistics website, www.deltaholistics.com, within two weeks of paid membership.
Disclaimer of Liability.
Delta Holistics disclaims any duty or responsibility other than those expressly set forth in these Terms and Conditions. THE SERVICES OF dH ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, dH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ALL SERVICES AND/OR PRODUCTS PROVIDED HEREUNDER. Providers business dealings with and/or provision of services to recipients, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Provider and such recipient. Provider agrees that dH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or provision of such services and agrees to indemnify dH as provided in this Agreement.
Delta Holistics Definitions.
ACTIVE MEMBERSHIP: Active Membership begins on the start date clearly stated on the confirmation that will be sent by dH to Provider. The start date is generally within one week of application date.
Rights and Responsibilities of Membership take effect on the start date, after which a Provider is referred to as an Active Member. Active Membership remains intact until and unless either party chooses to terminate membership.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of these Terms and Conditions.
These Terms and Conditions and all services hereunder are subject to the laws of the State of California.
Any dispute, controversy or claim arising out of or relating to this Agreement or the provision of services thereunder shall be settled by binding arbitration before a retired judge in accordance with the commercial arbitration rules of the National Arbitration Forum venued in the State of California. The prevailing party shall be awarded their arbitration and attorney fees, costs and expenses to the maximum extent permissible. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or We may seek any interim or preliminary relief from the court of competent jurisdiction in the State of California necessary to protect the rights of property of You or Us (or Our agents suppliers, and subcontractors) pending the completion of the arbitration.
You also agree not to post, email, or otherwise make available any Content that:
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or harms minors in any way
• Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
• Impersonates a dH employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
• Includes personal or identifying information about another person without that person’s explicit consent
• Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
• Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
• Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
• Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to • Users who have requested not to be contacted about other services, products or commercial interests
• Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the dH Platform, or that otherwise negatively affects other Users’ ability to use the dH Platform
• Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the dH Platform
• “Stalk” or otherwise harass anyone
• Collect Personal Data about other Users for commercial or unlawful purposes
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the dH Platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
• Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on dH’s infrastructure
• Attempt to gain unauthorized access to dH’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the dH Platform
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the dH Platform or any Network