Yin Yang House Terms
We aim to foster a welcoming community for anyone with interests in our content. Please be respectful in all conversations and try to add value with whatever you choose to share or discuss on our site.
All content presented on the site is for "educational purposes" only (including products in our shop) - you are releasing any and all liability from any content producer on the site for any action you choose to take in response to information presented within.
So long as your conversations are respectful to others and add value to the conversations (or our site, generally, as in blog/forum/event postings, etc.) you are free and very much welcomed to participate. For any users posting/emailing derogatory/negative/self-serving/self-advertising speech (in the opinion of our staff or via user reports), we reserve the right to remove content and/or remove your account as we see necessary to respect all the users of our site from around the world - this is true whether you are a paid member or not.
Now the longer version:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. "We/us/site owners/Yin Yang House" include any licensor/owner of the Yin Yang House site, all employees/contractors, Yin Yang House Chattanooga LLC and all employees/contractors, and Chad J. Dupuis.
1. Your Yin Yang House Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify the Yin Yang House of any unauthorized uses of your account or any other breaches of security. Our site owners will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; your content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by our site owners or otherwise.
3. User Content License
Submitted content is under the copyright of the Yin Yang House site owners and the author/user who submitted it. Any unauthorized distribution/re-posting/etc will be in violation of these terms. In short, this means that if you'd like to use content from our site contact us directly or contact the individual user who posted the content.
Use of our content:
All content, graphics, etc. are under copyright held by the Yin Yang House any unauthorized duplication of any content on our sites, including but not limited to graphics is illegal and DMCA requests will be filed against parties which violate our copyright. Personal use of our graphics is allowed, but they may not be reprinted on any publically viewable medium (websites, texts, brochures, etc.) without our express permission and with the inclusion of our copyright on the text/image, along with any other conditions we discuss.
4. Payment and Renewal
Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay Yin Yang House the monthly or annual subscription fees indicated. These fees are not refundable for any reason, most notably account termination for violation of any of these terms.
Unless you notify the Yin Yang House before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.
Our shop is operated by Yin Yang House Chattanooga, LLC - for the store we have separate terms and conditions listed on our shop section, but in short, there are no refunds under any circumstance - this due largely to the potential for product contamination.
5. Responsibility of Website Visitors
The Yin Yang House site owners have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that we endorse the material there posted, or that we believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Yin Yang House site owners disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Copyright Infringement and DMCA Policy
As the Yin Yang House asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by community.yinyanghouse.com violates your copyright, and if this website resides in the USA, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Yin Yang House site/site owners or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Yin Yang House Inc reserves the right to display advertisements on your content.
We reserve the right, at anytime, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Yin Yang House site owners may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The Website is provided “as is”. Yin Yang House site owners and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Yin Yang House site owners nor its suppliers and licensors, makes any warranty that the Website will be error free or that cess thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability
In no event will Yin Yang House site owners, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Yin Yang House policies and this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Yin Yang House, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive, or by the posting by us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hennepin County, Minnesota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minneapolis, Minnesota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Yin Yang House Inc may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
15. Medical Advice
The Yin Yang House is a unique collection of sites regarding Chinese Medicine and other alternatives. We provide both practitioner level and general level information regarding these topics. We do not, however, provide medical advice. We may provide general theoretical recommendations, with or without having you as a personal patient we cannot accurately offer anything on our site or via emails but mere guidance. You agree by using this site to not hold us responsible for any statements you chose to follow from our site or direct conversations. You should always consult directly in person with a health professional when seeking medical treatment.
This document is CC-BY-SA. It was last updated Jan 7th, 2022.