The services that THE BANYAN HOLISTIC provides to you are subject to the following Terms of Use (“TOU”). THE BANYAN HOLISTIC may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on the THE BANYAN HOLISTIC website. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, THE BANYAN HOLISTIC may offer website visitors the opportunity to participate in additional features or services through the THE BANYAN HOLISTIC website. You may be required to enter into additional agreements or authorizations before you can access such features or services. The most current version of the TOU can be reviewed by navigating to the “Terms of Use” page on our website.
Privacy Policy
Terms and conditions of use policy for THE BANYAN HOLISTIC (THE BANYAN INSTITUTES, LLC)
Updated February 9, 2024
Welcome
Welcome to THE BANYAN HOLISTIC’s website and online services (“THE BANYAN HOLISTIC website” or the “Site”), an online information and communications service provided by THE BANYAN HOLISTIC in Florida (“THE BANYAN HOLISTIC” “THE BANYAN INSTITUTES, LLC” or “We” or “Us”). This policy is intended to cover the uses for the entire Site, although additional conditions, restrictions and privacy policies may apply.
Modification of These Terms of Use
THE BANYAN HOLISTIC reserves the right to change the terms, conditions, and notices under which the THE BANYAN HOLISTIC Website is offered, including but not limited to the charges associated with the use of the THE BANYAN HOLISTIC Website.
Healthcare Disclaimer
The content, products, and services offered herein are here to educate consumers on healthcare and medical issues that may affect their daily lives. Nothing in the content, products, or services should be considered or used as a substitute for medical advice, diagnosis, and/or treatment. This site and its services do not constitute the practice of any medical, nursing, or other professional healthcare advice, diagnosis, and/or treatment. You should always talk to your healthcare provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
Terms of Use
The services that THE BANYAN HOLISTIC provides to you are subject to the following Terms of Use (“TOU”). THE BANYAN HOLISTIC may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on THE BANYAN HOLISTIC website. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, THE BANYAN HOLISTIC may offer website visitors the opportunity to participate in additional features or services through THE BANYAN HOLISTIC website. You may be required to enter into additional agreements or authorizations before you can access such features or services. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages.
Description of Services
THE BANYAN HOLISTIC provides you with access to a variety of resources, including partner tools, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Intended for Users 18 and Older
The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.
You agree that you will not:
Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.
Use this website for any purpose in violation of local, state, national or international laws.
Use this site as a means to distribute advertising or other unsolicited material to any third party.
Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
Attempt to disable, “hack” or otherwise interfere with the proper functioning of this website.
You may not use the THE BANYAN HOLISTIC Website in any manner which could damage, disable, overburden, or impair the THE BANYAN HOLISTIC Website or interfere with any other party’s use and enjoyment of the THE BANYAN HOLISTIC Website.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify THE BANYAN HOLISTIC immediately of any unauthorized use of your account or any other breach of security. THE BANYAN HOLISTIC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by THE BANYAN HOLISTIC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Notice Specific to Documents Available on this Web Site
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the THE BANYAN HOLISTIC web site or any other THE BANYAN HOLISTIC owned, operated, licensed or controlled site. Elements of THE BANYAN HOLISTIC web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any THE BANYAN HOLISTIC web site may be copied or retransmitted unless expressly permitted by THE BANYAN HOLISTIC.
THE BANYAN HOLISTIC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE BANYAN HOLISTIC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE BANYAN HOLISTIC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BANYAN HOLISTIC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Order Limitations
We reserve the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
Termination of Use
THE BANYAN HOLISTIC may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
THE BANYAN HOLISTIC reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Blogs and Interactive Media
If you use blogging features or otherwise post information to a Site, you give THE BANYAN HOLISTIC the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.
If you use blogging features or otherwise post information to the Site, you agree you will not:
Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights.
Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by THE BANYAN HOLISTIC in its sole discretion.
Post advertisements of solicitations for business.
Post chain letters or pyramid schemes.
Impersonate another person including but not limited to a parent, spouse, child or sibling.
Allow another person to use your credentials for posting or viewing comments.
Post the same note more than once or “spam.”
THE BANYAN HOLISTIC reserves the right (but is not obligated) to do any or all of the following:
Remove communications that fail to conform to these terms of use.
Terminate a user’s access to the entire Site or specific features such as the blog.
Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.
eCommerce
One-time charges. A valid credit card number, expiration date and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. THE BANYAN HOLISTIC’s designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed to THE BANYAN HOLISTIC at the contact information given below. You understand that the prices for products and services may be changed from time to time, but that the website will reflect current prices.
Responsibility for charges and fees. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.
Indemnification
You agree that you will indemnify THE BANYAN HOLISTIC against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.
Intellectual Property
The marks “THE BANYAN HOLISTIC,” “THE BANYAN HOLISTIC SPA-INTEGRATED HOLISTIC HEALTHCARE,” the THE BANYAN HOLISTIC-Banyan Tree Logo are trademarks and/or service marks of THE BANYAN HOLISTIC. The content and design of THE BANYAN HOLISTIC website is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, non-commercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with THE BANYAN HOLISTIC or an affiliated THE BANYAN HOLISTIC entity. You understand and agree that title to these materials shall not pass to you or any other user.
Any rights not expressly granted herein are reserved.
Disclaimers
YOU UNDERSTAND AND AGREE THAT THE BANYAN HOLISTIC WEBSITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE BANYAN HOLISTIC WEBSITE IS PROVIDED ON AN “AS IS” BASIS. THE BANYAN HOLISTIC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, THE BANYAN HOLISTIC DOES NOT GUARANTEE THAT USE OF THE BANYAN HOLISTIC SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Errors on THE BANYAN HOLISTIC Website
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and THE BANYAN HOLISTIC reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, THE BANYAN HOLISTIC will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site’s return policy.
Limitations of Liability
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL THE BANYAN HOLISTIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Third Party Websites
The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display THE BANYAN HOLISTIC trademarks (“Third Party Site,” “Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
THE BANYAN HOLISTIC does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on THE BANYAN HOLISTIC website does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site.
THE BANYAN HOLISTIC makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.
The Third Party Sites are not under the control of THE BANYAN HOLISTIC and THE BANYAN HOLISTIC is not responsible for the contents of any Third Party Site, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. THE BANYAN HOLISTIC is not responsible for webcasting or any other form of transmission received from any Third Party Site.
Jurisdiction
You agree that any dispute or claim (including personal injury claims) related to your use of the THE BANYAN HOLISTIC website is subject to the exclusive jurisdiction of the appropriate court in the state in which your care was originally given on-site by THE BANYAN HOLISTIC, or at which care was requested, and will be adjudicated pursuant to the laws of that state. This agreement also applies to anyone claiming on your behalf.
Acts of God
With regards to on site activities:
Guests must report any loss of or damage to their property immediately on discovery to THE BANYAN HOLISTIC administrative staff and shall make themselves available to assist with any reports made by THE BANYAN HOLISTIC to the Authorities – Sheriff/Police.
THE BANYAN HOLISTIC shall not be liable to a guest for any loss or damage to property caused by the misconduct or negligence of a guest or an Act of God, or where the guest remains in exclusive charge of the property concerned.
THE BANYAN HOLISTIC shall not be liable for any failure or delay in performing any of its obligations under this Agreement if the failure or delay was due to any cause beyond its reasonable control, including (without limitation) war or threat of war, civil or political action or disturbance, riot, natural disaster, fire, epidemic, bad weather, terrorist activity (threatened or actual), military activity, governmental or regulatory action, industrial dispute, act of God, failure of power or machinery, failure of or interruption in externally provided services and utilities, and all similar events outside THE BANYAN HOLISTIC’s control.
THE BANYAN HOLISTIC does not offer refunds for “due to any cause beyond its reasonable control, including (without limitation) war or threat of war, civil or political action or disturbance, riot, natural disaster, fire, epidemic, bad weather, terrorist activity (threatened or actual), military activity, governmental or regulatory action, industrial dispute, act of God, failure of power or machinery, failure of or interruption in externally provided services and utilities, and all similar events outside THE BANYAN HOLISTIC’s control.”
Whilst all reasonable efforts have been taken by THE BANYAN HOLISTIC to ensure that Bookings made under this Agreement are able to proceed, THE BANYAN HOLISTIC reserves the right to relocate any Booking to another room of similar size and standard. The Guest acknowledges that THE BANYAN HOLISTIC accepts no liability for any loss or damage suffered by or caused to the Guest in consequence of the relocation of the Guest.
Guests will be liable for any loss, damage or personal injury they may cause at THE BANYAN HOLISTIC.
These Conditions shall be governed by US, Miami-Dade County Law, and you agree to submit to the jurisdiction of the United States courts.
Contact Information
If you have any questions about the Service, please contact us at:
8603 South Dixie Highway, Suite 217, Pinecrest, Florida 33156
(305) 663-5696
admin@theBanyanHolistic.com
Updated February 9, 2024
Additional Information Regarding User Data Management
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If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.