1. Terms of use; acceptance of contract terms.

    The following are terms of an agreement between you and Diane Rooney Integrative Acupuncture. By accessing browsing or using rooneyia.com any Diane Rooney Integrative Acupuncture website any related blog and/or your extranet site (collectively the “Site”) you acknowledge that you have read understood and agree to be bound by these terms and the terms of our privacy policy. If you do not agree to these terms and/or to the terms of the privacy policy please do not use the Site. Users should check these terms of use and the privacy policy periodically. By accessing browsing or using the Site after these terms of use and/or the privacy policy are revised you agree to accept those revisions.

  2. Users.
    Users agree to provide the Site with accurate information in connection with the purchase of any product purchased or obtained via the Site and in connection with the “Create a Profile” and to maintain and update such User Information as necessary. With regard to the content of any submissions you make through this Site you agree to remain solely responsible and agree to not submit materials that are unlawful defamatory abusive or obscene. You also agree that you will not submit anything to this Site that violates any right of a third party including copyright trademark privacy or other personal or proprietary rights.

  3. Product/Service terms of use.
    Certain Diane Rooney Integrative Acupuncture products and services available through the Site may have their own terms of use. You agree to be bound by the terms of the applicable rental purchase and/or lease agreements with Diane Rooney Integrative Acupuncture relating to the rental purchase and/or lease of any products or services via this Site. You agree that in the event of any conflict between these terms of use and the terms of your rental purchase and/or lease agreement the terms of the rental purchase and/or lease shall control.

  4. Data Usage.
    Diane Rooney Integrative Acupuncture may use information that is recorded about Users or submitted by Users and aggregated into groups so that it no longer reflects or references an individually identifiable user for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create refine and improve Diane Rooney Integrative Acupuncture and Diane Rooney Integrative Acupuncture affiliates products and services.

  5. The Site.
    Diane Rooney Integrative Acupuncture reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.

  6. Links to Other Sites.
    The Site may contain links to other sites hosted and/or maintained by third parties. Diane Rooney Integrative Acupuncture shall not be responsible for the content of any third party sites that may be linked to or from rooneyia.com. These links are provided for your convenience and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Diane Rooney Integrative Acupuncture does not assume any responsibility or liability for the content or use of any third party site or any third party’s products and/or services.

  7. Indemnification.
    You agree to indemnify and hold harmless Diane Rooney Integrative Acupuncture its subsidiaries and affiliates and their respective officers employees and agents from any and all third party claims or demands including reasonable attorney’s fees arising out of your use of the Site your breach of these terms of service and/or your infringement of any intellectual property right(s).

  8. Disclaimer and Limitation of Liability.
    Diane Rooney Integrative Acupuncture assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an “As Is” basis without a warranty of any kind either express or implied including without limitation any warranty of merchantability or fitness for a particular purpose. Diane Rooney Integrative Acupuncture disclaims all responsibility for any loss injury claim liability or damage of any kind resulting from arising out of or in any way related to any information which is posted to the Site by any 3rd party including without limitation information posted on any related blog. DIANE ROONEY INTEGRATIVE ACUPUNCTURE SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS LOST SAVINGS OR LOST POSTAGE ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF DIANE ROONEY INTEGRATIVE ACUPUNCTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIANE ROONEY INTEGRATIVE ACUPUNCTURE’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT TORT OR OTHERWISE EXCEED ONE DOLLAR ($1.00).

  9. Trademarks and Copyrights.
    The trademarks service marks logos and trade dress of Diane Rooney Integrative Acupuncture used on this Site are the intellectual property of Diane Rooney Integrative Acupuncture and its affiliates and subsidiaries in the United States and throughout the world (collectively “Marks”). All third party trademarks on the Site are the property of their respective owners and are used under applicable law or with the owners’ permission. Except as provided by applicable law the Marks may not be used and/or reproduced without the written permission of Diane Rooney Integrative Acupuncture. Those uses that are authorized must comply with Diane Rooney Integrative Acupuncture’ trademark usage guidelines (provided when necessary upon request). The images text organization and layout (collectively “Materials”) of this site are the exclusive property of Diane Rooney Integrative Acupuncture Inc. and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions Diane Rooney Integrative Acupuncture does not authorize any downloading distribution or republication of any Materials on this site without prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner’s permission. Diane Rooney Integrative Acupuncture will enforce its intellectual property rights to the fullest extent permitted under the law.

  10. Waiver.
    Diane Rooney Integrative Acupuncture’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.

  11. Choice of Law and Jurisdiction.
    The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut without regard to its conflict of laws principles. In the event of a dispute the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of New York and New Mexico.