This agreement was written in English (US). Date of Last Revision: May 18, 2011

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs our relationship with members and others who interact with Holistic Commons. By using or accessing Holistic Commons, you agree to this Statement.

A. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Holistic Commons to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy and to use it to help make informed decisions.

B. Sharing Your Content and Information
You own all of the content and information you post on Holistic Commons, and you can control how it is shared through your privacy and application settings. In addition:

1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Holistic Commons ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. When you publish content or information using the "everyone" setting, it means that everyone, including people not members of Holistic Commons, will have access to that information and we may not have control over what they do with it.

4. We always appreciate your feedback or other suggestions about Holistic Commons, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

C. Safety
We do our best to keep Holistic Commons safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Holistic Commons.
2. You will not collect members' content or information, or otherwise access Holistic Commons, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Holistic Commons.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user.
7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Holistic Commons without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our promotions guidelines and all applicable laws.
9. You will not use Holistic Commons to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of Holistic Commons, such as a denial of service attack.
11. You will not facilitate or encourage any violations of this Statement.

D. Registration and Account Security
Holistic Commons members provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on Holistic Commons, or create an account for anyone other than yourself without permission.
2. You will not use Holistic Commons if you are under 13.
3. You will not use Holistic Commons if you are a convicted sex offender.
4. You will keep your contact information accurate and up-to-date.
5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
6. You will not transfer your account to anyone without first getting our written permission.

E. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Holistic Commons that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Holistic Commons if we believe that it violates this Statement. In addition, Holistic Commons has the right to remove any content or information you post for any reason as it deems necessary.
3. It is your responsibility to enforce any copyright infringement. Holistic Commons sole responsibility is to remove the infringement at your request.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you will need to resolve the issue with the party claiming copyright infringement. Content may only be placed again on Holistic Commons with the written consent of the party claiming copyright infringement.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
7. If you collect information from members, you will: obtain their consent, make it clear you (and not Holistic Commons) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's identification documents or other sensitive or financial information on Holistic Commons.

F. Payments
If you make a payment on Holistic Commons, you agree to our Payments Terms.

G. Special Provisions Applicable to FaceBook, Twitter and LinkedIn Social Synergy
If you use FaceBook, Twitter and/or LinkedIn Social Synergy on Holistic Commons, the following additional terms apply to you:

1. We give you permission to use Social Synergy so that your Holistic Commons posts can also be posted and linked on Facebook, Twitter and/or LinkedIn.
2.You give us permission to use such links and content on Facebook, Twitter and/or LinkedIn.

H. About Advertisements on Holistic Commons
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to members. In order to do that, you agree to the following:

1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.

I. Special Provisions Applicable to Advertisers
You can target your specific audience by buying community ads on Holistic Commons. The following additional terms apply to you if you place an order:

1. You will pay for your orders in accordance with our Payments Terms.
2. Your ads will comply with our Advertising Guidelines.
3. We will determine the size, placement, and positioning of your ads.
4. We do not guarantee the activity that your ads will receive.
5. We cannot control how people interact with your ads.
6. You can cancel your order at any time through our online portal, but it may take up to 3 days before the ad stops running.
7. Our license to run your ad will end when we have completed your order. You understand, however, that if members have interacted with your ads, your ads may remain until the members delete it.
8. We can use your ads and related content and information for marketing or promotional purposes.
9. You will not issue any press release or make public statements about your relationship with Holistic Commons without written permission.
10. We may reject or remove any ad for any reason. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

a. You warrant that you have the legal authority to bind the advertiser to this Statement.
b. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

J. Special Provisions Applicable to Listings
1. Listings are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns).
2. You may only administer a Holistic Commons Listing if you are an authorized representative of the subject of the Listing.
3. Listings can only post content and information under the "everyone" setting.
4. You will restrict access to your Listing as appropriate in order to comply with all applicable laws.

K. Amendments
1. We can change this Statement and anytime and will provide notice (by posting the change on the Holistic Commons Terms of Service Page).
2. For changes we will give you a minimum of seven days notice. Comments can be made via "Contact Us."
3. If more than 2,000 members comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered members as of the date of the notice vote.
4. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
L. Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Holistic Commons to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: B.2, B.4, C.5, G.2, H.3, I.2, I.5, I.6, I.8, I.9, I.12, I.13, and L-P.

M. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Holistic Commons exclusively in a state or federal court located in Hennepin County. The laws of the State of Minnesota will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Hennepin County, Minnesota for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Holistic Commons, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3.WE TRY TO KEEP HOLISTIC COMMONS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING HOLISTIC COMMONS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT HOLISTIC COMMONS WILL BE SAFE OR SECURE. HOLISTIC COMMONS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES OR MEMBERS, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES OR MEMBERS. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR HOLISTIC COMMONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR HOLISTIC COMMONS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOLISTIC COMMONS' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

N. Special Provisions Applicable to Users Outside the United States
We strive to create a community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to any users outside the United States:

1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Holistic Commons (such as listing, advertising or payments).
3. Certain specific terms that apply only for German users are available here.

O. Definitions
1. By "Holistic Commons" we mean the features and services we make available, including through (a) our websiteS at www.HolisticCommons.com and HolisticCommons.net and any other Holistic Commons branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "us," "we" and "our" we mean Holistic Commons
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on Holistic Commons that would not be included in the definition of "information."
5. By "post" we mean post on Holistic Commons or otherwise make available to us (such as by using a web tool).
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
7. By "active registered member" we mean a member who has logged into Holistic Commons at least once in the previous 30 days.

P. Other
1. This Statement makes up the entire agreement between the parties regarding Holistic Commons, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights. You may also want to review the following documents included on this page in separate tabs:

* Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.
* Healthy Deals Terms of Service: Outline the policies that apply to Healthy Deals on Holistic Commons.

Agreeing to the Terms of Service also implies your agreement to the Privacy Policy and Healthy Deals Terms of Service.

Please refer to Facebook Terms of Service for policies related to Facebook.
Please refer to Twitter Terms of Service for policies related to Twitter.
Please refer to LinkedIn Terms of Service for policies related to LinkedIn.

Date of last revision: May 18, 2011

We want to earn your trust by being transparent about how Holistic Commons works. You should read this policy in its entirety and pay particular attention to these highlights:

Holistic Commons is designed to make it easy for you to share your information with anyone you want. You decide how much information you feel comfortable sharing on Holistic Commons and you control how and whether it is distributed through your privacy settings. You should review your privacy settings and change them if necessary to reflect your preferences. You should also consider your settings whenever you share information.

Holistic Commons is not just a website. It is also includes a service for sharing information with other websites including FaceBook, Twitter and LinkedIn called Social Synergy. You control how and whether you share information with those third-party applications by your choice to agree to any terms of service and privacy practices of those third parties.

Certain categories of information such as your name, profile photo, list of connections, geographic region, and networks you belong to are considered publicly available to everyone, including Holistic Commons, Facebook, Twitter and LinkedIn, and therefore do not have privacy settings.

Holistic Commons is a free service to Community Members supported primarily by Holistic Practitioner and Business Members and some advertisement. We will not share your information with advertisers without your consent which is indicated by you according to your privacy settings. We may allow advertisers to select characteristics of members they want to show their advertisements to and we may use the information we have collected to serve those advertisements.

The site is not intended as a storage site for your Public Health Record (PHR). Regarding HIPAA Compliance, the "PHR Not Offered by HIPAA Covered Entities" as specified in the "PERSONAL HEALTH RECORDS AND THE HIPAA PRIVACY RULE" applies to any Personal Health Information (PHI) you choose to post in any way on the site based on the Individual Choice Principle. Do not post any medical records or health information you wish to remain private to this site.

Health Practitioners Members are responsible for their own HIPAA Compliance when interacting with members. Holistic Commons is not responsible for any violations of HIPAA Compliance by members.

1. Introduction

Questions. If you have any questions or concerns about our privacy policy, contact us via email at connect@Holistic Commons.com.

Scope. This privacy policy covers all of Holistic Commons. It does not, however, apply to entities that Holistic Commons does not own or control, such as Facebook and other websites. By using or accessing Holistic Commons, you agree to our privacy practices outlined here.

No information from children under age 13. If you are under age 13, please do not attempt to register for Holistic Commons or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.

Parental participation. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

2. Information We Receive

Information you provide to us:
Personal information. When you sign up for Holistic Commons you provide us with your name, email, and birth date. During the registration process we give you the opportunity to provide additional profile information, such as address, city (required), state (required), zip code (required), etc., and to add a picture, to help provide useful search information to you via the radius and advanced search options. In some cases we may ask for additional information for security reasons or to provide specific services to you. Once you register you can visit your profile at any time to add or remove information about yourself.

Content. The primary reasons people use Holistic Commons is to connect with their local community and to share content with others. Examples include when you update your status, upload photo, share a link, create an event or article, make a comment, or send someone a message. If you do not want us to store metadata associated with content you share on Holistic Commons (such as photos), please remove the metadata before uploading the content.

Transactional Information. We may retain the details of transactions or payments you make on Holistic Commons through PayPal. PayPal provides security measures to protect your transaction information and in how it is provided to Holistic Commons.

Connection Information. We offer contact inviter tools to help you invite your contacts who do not have Holistic Commons accounts to join. If you provide your password to retrieve those contacts, we will not store your password after you have uploaded your contacts’ information.

Location Information. When you share your location with others or add a location to something you post, we treat that like any other content you post (for example, it is subject to your privacy settings). If in the future, we offer a service that supports any type of current location sharing we will present you with an opt-in choice of whether you want to participate.

Information we collect when you interact with Holistic Commons:

Site activity information. We keep track of the actions you take on Holistic Commons, such as adding a connection, joining an event, attending an event, or publishing an article. In some cases you are also taking an action when you provide information or content to us. For example, if you share a photo or file, in addition to storing the actual content you uploaded, we might log the fact you shared it.

Access Device and Browser Information. When you access Holistic Commons from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.

Cookie Information. We use "cookies" (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to make Holistic Commons easier to use, to make our advertising better, and to protect both you and Holistic Commons. For example, we use them to store your login ID (but never your password) to make it easier for you to login whenever you come back to Holistic Commons. We also use them to confirm that you are logged into Holistic Commons, and to know when you are interacting with Social Synergy, our widgets and Share buttons, and our advertisements. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use Holistic Commons.

Information we receive from third parties:
Social Synergy Platform. We do not own or operate the websites that you interact with through Social Synergy. Whenever you authorize FaceBook, Twitter, and/or LinkedIn, we may receive information from them, including information about actions you take. In some cases, in order to personalize the process of connecting, we may receive a limited amount of information even before you authorize the application or website.

Information from other websites. We may institute programs with advertising partners and other websites in which they share information with us:

We may ask advertisers to tell us how our members responded to the ads we showed them (and for comparison purposes, how other members who didn’t see the ads acted on their site). This data sharing, commonly known as “conversion tracking,” helps us measure our advertising effectiveness and improve the quality of the advertisements you see.

We may receive information about whether or not you’ve seen or interacted with certain ads on other sites in order to measure the effectiveness of those ads.

Information from other members. We may collect information about you from other Holistic Commons members, such as when someone tags you in a photo or video, provides friend details, or indicates a connection with you. You can limit who can see that you have been tagged in a photo or video – which we refer to as photos or videos “of me” – in your privacy settings.

3. Information You Share With Third Parties

We take steps to ensure that others use information that you share on Holistic Commons in a manner consistent with your privacy settings, but we cannot guarantee that they will follow our rules. Read the following section to learn more about how you can protect yourself when you share information with third parties.

Sharing information on Holistic Commons. We designed our privacy settings to enable you to control how you share your information on Holistic Commons. You should review the default privacy settings to make sure they reflect your preferences. Here are some specific things to remember:

You can control the visibility of most of the information you share on Holistic Commons through the privacy settings you select.

Certain categories of information such as your name, profile photo, list of connections, and geographic region are considered publicly available, and therefore have only the “go invisible” privacy setting.

Some of the content you share and the actions you take will show up on your connections’ home pages and other pages they visit.

Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other members.

You understand that information might be re-shared or copied by other members. Certain types of communications that you send to other members cannot be removed, such as messages.

When you post information on another member’s profile or comment on another member’s post, that information will be subject to the other member’s privacy settings. If you use an external source to publish information to Holistic Commons (such as a mobile application or Social Synergy), you should check the privacy setting for that post, as it is set by that external source.

“Everyone” Privacy Setting. Information set to “everyone” is publicly available information, may be accessed by everyone on the Internet (including people not logged into Holistic Commons), is subject to indexing by third party search engines, may be associated with you outside of Holistic Commons (such as when you visit other sites on the internet), and may be imported and exported by us and others without privacy limitations. The default privacy setting for certain types of information you post on Holistic Commons is set to “everyone.” You can review and change the default settings in your privacy settings. If you delete “everyone” content that you posted on Holistic Commons, it will be removed from your Holistic Commons profile, but we have no control over its use outside of Holistic Commons.

Social Synergy. As mentioned above, we do not own or operate FaceBook, Twitter or LinkedIn. That means that when you use Social Synergy you are making your Holistic Commons information available to someone other than Holistic Commons. To help Social Synergy operate, FaceBook, Twitter and LinkedIn may receive publicly available information automatically and additional information when you formally authorize or connect your Holistic Commons account with them. FaceBook, Twitter and LinkedIn Privacy and other policies apply.

You do not have to use Social Synergy and can choose to opt-out of Social Synergy altogether through your settings.

You can use your privacy settings to limit which of your information is available to “everyone” (by default, every application and website, including those you have not connected with, can access “everyone” and other publicly available content).

You should always review the policies of third party applications and websites to make sure you are comfortable with the ways in which they use information you share with them. We do not guarantee that they will follow our rules.

Exporting Information. You (and those you make your information available to) may use tools like RSS feeds, mobile phone address books, or copy and paste functions, to capture and export information from Holistic Commons, including your information and information about you.

Advertisements. Sometimes the advertisers who present ads on Holistic Commons use technological methods to measure the effectiveness of their ads and to personalize advertising content. You may use your browser cookie settings to limit or prevent the placement of cookies by advertising networks.

Links. When you click on links on Holistic Commons you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

4. How We Use Your Information

We use the information we collect to try to provide a safe, efficient, and customized experience. Here are some of the details on how we do that:

To manage the service. We use the information we collect to provide our services and features to you, to measure and improve those services and features, and to provide you with customer support. We use the information to prevent potentially illegal activities, and to enforce our Statement of Rights and Responsibilities. For example, we ask for your date of birth to verify that you are over age 13 and so that we can better limit your access to content and advertisements that are not age appropriate. We also use a variety of technological systems to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some members.

To contact you. We may contact you with service-related announcements from time to time. You may opt out of communications except essential updates on your account notifications page. We may include content you see on Holistic Commons in the emails we send to you.

To serve personalized advertising to you. We don’t share your information with advertisers without your consent. (An example of consent would be if you asked us to provide your shipping address to an advertiser to receive a free sample.) We allow advertisers to choose the characteristics of members who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other members, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. For example, we might use your interest in supplements to show you ads for vitamins, but we do not tell the vitamin company who you are. Even though we do not share your information with advertisers without your consent, when you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected.

To supplement your profile. We may use information about you that we collect from other Holistic Commons members to supplement your profile (such as when you are tagged in a photo or mentioned in a status update). In such cases we generally allow you to direct how that information is shared in your privacy settings or give you the ability to remove the content (such as allowing you to remove a photo tag of you) or limit its visibility on Holistic Commons.

To make Suggestions. We use your profile information, the addresses you import through our contact importers, and other relevant information, to help you connect with your friends, including making suggestions to you and other members that you connect with on Holistic Commons. If you want to limit your visibility in suggestions we make to other people, you can adjust your search visibility privacy setting, as you will only be visible in our suggestions to the extent you choose to be visible in public search listings.

Downloadable Software. Certain downloadable software applications and applets that we may offer, such as browser toolbars and photo uploaders, transmit data to us. We may not make a formal disclosure if we believe our collection of and use of the information is the obvious purpose of the application, such as the fact that we receive photos when you use our photo uploader. If we believe it is not obvious that we are collecting or using such information, we will make a disclosure to you the first time you provide the information to us so that you can decide whether you want to use that feature.

Memorializing Accounts. If we are notified that a member is deceased, we may memorialize the member’s account. In such cases we restrict profile access to confirmed friends. We may close an account if we receive a formal request from the member’s next of kin or other proper legal request to do so.

5. How We Share Information

Holistic Commons is about connecting and sharing information with others — friends and people in your networks — while providing you with privacy settings that you can use to restrict other members from accessing your information. We share your information with third parties when we believe the sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so. For example:

When you make a payment. When you enter into transactions with others or make payments on Holistic Commons, we will only share transaction information with those third parties necessary to complete the transaction and will require those third parties to agree to respect the privacy of your information. All transactions on Holistic Commons are done through PayPal who is responsible for the security of those transactions.

When you invite a friend to join. When you ask us to invite a friend to join Holistic Commons, we will send your friend a message on your behalf using your name. We may also send up to two reminders to them in your name.

When you choose to share your information with marketers. You may choose to share information with marketers or electronic commerce providers that are not associated with Holistic Commons through on-site offers. This is entirely at your discretion and we will not provide your information to these marketers without your consent.

To help others find you. By default, we make certain information you have posted to your profile available in search results on Holistic Commons to help others find you. However, you can control who has access to this information, as well as who can find you in searches, through your privacy settings. We also partner with email and instant messaging providers to help their members identify which of their contacts are Holistic Commons members, so that we can promote Holistic Commons to those members.

To give search engines access to publicly available information. We will allow them to access information set to the “everyone” setting and your public search listing (but you can turn off your public search listing in your privacy settings).

To help improve or promote our service. Sometimes we share aggregated information with third parties to help improve or promote our service. But we only do so in such a way that no individual member can be identified or linked to any specific action or information.

To provide you with services. We may provide information to service providers that help us bring you the services we offer. For example, we may use third parties to help host our website, send out email updates about Holistic Commons, remove repetitive information from our member lists, process payments, or provide search results or links (including sponsored links). These service providers may have access to your personal information for use for a limited time, but when this occurs we implement reasonable protections to limit their use of that information to only as related to helping us provide the service.

To advertise our services. We may ask advertisers outside of Holistic Commons to display ads promoting our services. We may ask them to deliver those ads based on the presence of a cookie, but in doing so will not share any other information with the advertiser.

To offer joint services. We may provide services jointly with other companies, such as the service in the Holistic Commons Marketplace. If you use these services, we may share your information to facilitate that service. However, all members offering items on Holistic Commons Marketplace are subject to Holistic Commons Terms of Service including this privacy policy.

To respond to legal requests and prevent harm. We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to members from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Statement of Rights and Responsibilities. This may include sharing information with other companies, lawyers, courts or other government entities.

Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the service can continue to operate. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Policy.

6. How You Can View, Change, or Remove Information

Viewing and editing your profile. You may change or delete your profile information at any time by going to your profile page and clicking “Edit My Profile.” Information will be updated immediately. While you cannot delete your date of birth, it is only used for the 13 years of age verification and is not publicly displayed.

Delete uploaded contacts. If you use a contact importer to upload addresses, you can later delete the list.

Deleting your account. If you want to stop using your account you may delete it. When you delete an account, it is permanently deleted. You should only delete your account if you are certain you never want to reactivate it. You may delete your account on your account settings page. If you do not wish to delete your account, but desire to have it not appear publicly for a period of time, you may set it to “Go Invisible” and change your privacy settings to "Only Me".

Limitations on removal. Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other members. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested.

Backup copies. Removed and deleted information may persist in backup copies, but will not be available to others.

7. How We Protect Information

We do our best to keep your information secure, and we need your help. Your privacy is important to Holistic Commons.com but in the current internet security environment is not guaranteed. Please use your own best judgment when posting information to this site. Do not post any medical records or health information you wish to remain private to this site.

Steps we take to keep your information secure. We keep your account information on a secured server behind a firewall. When you enter sensitive information (such as credit card numbers and passwords), we encrypt that information using secure socket layer technology (SSL). We may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts for violations of our Statement of Rights and Responsibilities.

Risks inherent in sharing information. Although we allow you to set privacy options that limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other members with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on Holistic Commons will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Holistic Commons. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

Report Violations. You should report any security violations to us.

8. Other Terms

Changes. We may change this Privacy Policy pursuant to the procedures outlined in the Holistic Commons Statement of Rights and Responsibilities. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. If we make changes to this Privacy Policy we will notify you by publication here.

Consent to Collection and Processing in the United States. By using Holistic Commons, you consent to having your personal data transferred to and processed in the United States.

Defined Terms. "Us," "we," "our," and "Holistic Commons" mean the same as they do in the Statement of Rights and Responsibilities. “Information” and “content” are used more generally and interchangeably here than in the Statement of Rights and Responsibilities unless otherwise limited by the context.

Date of last revision: May 18, 2011

By using HolisticCommons.com and/or HolisticCommons.net (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“Holistic Commons”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

I.TERMS OF USE

1. General.

The Site provides an interactive online service operated by Holistic Commons on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Holistic Commons and PayPal, affiliates of Holistic Commons or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Holistic Commons, and Holistic Commons shall not be responsible for any data lost while transmitting information on the Internet. While it is Holistic Commons’ objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Holistic Commons, access to the Site may be interrupted, suspended or terminated from time to time.

Holistic Commons shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Holistic Commons may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

2. Modified Terms.

Holistic Commons reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If Holistic Commons makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Vouchers purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

3. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Holistic Commons shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

4. End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Holistic Commons’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Holistic Commons’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Holistic Commons.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of Holistic Commons, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks.

Everything located on or in this Site, including the Microsites, is the exclusive property of Holistic Commons or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF HOLISTIC COMMONS IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Holistic Commons owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Holistic Commons or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Holistic Commons shall not be deemed to be in the public domain but rather the exclusive property of Holistic Commons, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Holistic Commons unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Holistic Commons does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Holistic Commons the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants Holistic Commons the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of Holistic Commons, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright Policy.

Holistic Commons reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Holistic Commons by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Holistic Commons with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Holistic Commons’s Copyright Agent for notice of claims of copyright infringement is as follows:

Holistic Commons
11414 Deer Ridge Lane
Minnetonka MN 55343
connect@holisticcommons.com

7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER HOLISTIC COMMONS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOLISTIC COMMONS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability.

IN NO EVENT SHALL HOLISTIC COMMONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL HOLISTIC COMMONS’S LIABILITY IN CONNECTION WITH A HOLISTIC COMMONS EXCEED THE AMOUNTS PAID FOR SUCH HOLISTIC COMMONS, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

9. Monitoring.

Holistic Commons shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Holistic Commons, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Holistic Commons shall have the right, but not the obligation, to remove any material that Holistic Commons, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Holistic Commons does not control or endorse the content, messages or information found in any Community, and, therefore, Holistic Commons specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to Holistic Commons (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Holistic Commons as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants Holistic Commons the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see Holistic Commons’s Privacy Policy.

11. License Grant.

By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Holistic Commons a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

12. Indemnification/Release.

End User agrees to defend, indemnify and hold harmless Holistic Commons, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.

End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Holistic Commons from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

13. Termination.

Holistic Commons may terminate this Agreement at any time. Without limiting the foregoing, Holistic Commons shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Holistic Commons, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.”

4. Trademarks.

Holistic Commons is a trademark of Holistic Commons. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Holistic Commons are the property of their respective owners.

15. Third-Party Content.

Holistic Commons, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Holistic Commons has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Holistic Commons.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Holistic Commons. Holistic Commons neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Holistic Commons by anyone other than authorized Holistic Commons employee spokespersons while acting in official capacities. Under no circumstances will Holistic Commons be liable for any loss or damage caused by an end user’s reliance on information obtained through Holistic Commons. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Holistic Commons.

Holistic Commons contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Holistic Commons of the contents on such third-party sites, and Holistic Commons hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Holistic Commons expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Holistic Commons reserves the right to revoke its consent to any link at any time in its sole discretion.

16. Miscellaneous.

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Holistic Commons established by Holistic Commons, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

17. Arbitration.

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Holistic Commons arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Holistic Commons; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Holistic Commons’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Holistic Commons will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Holistic Commons shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

18. Disclosures.

For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In some states, businesses not exclusively owned by physicians are prohibited from practicing medicine.

You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.

II.TERMS OF SALE

All vouchers printed from the Site or any Microsite, or any other website associated with Holistic Commons (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating businesses (“Merchants”) through Holistic Commons to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through Holistic Commons, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.

The Voucher you purchase through Holistic Commons is redeemable for goods or services by the Merchant. The Merchant, not Holistic Commons, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Holistic Commons sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

1. Terms and Conditions for Restaurant-Specific Vouchers.

For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.

Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.

Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law.

Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.

Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.

Valid for dine in only unless otherwise stated.

The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.

Neither Holistic Commons nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.

Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.

Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void. Void to the extent prohibited by law.

If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2012 and you make a purchase for $40 on January 30, 2012, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Holistic Commons’ sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Holistic Commons has no role in such determination or action on the part of the Merchant.

2. Terms and Conditions for Non-Restaurant Merchant Vouchers

Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.

Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.

The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.

Neither Holistic Commons nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.

Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.

Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.

Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.

Void to the extent prohibited by law.

If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2012 and you make a purchase for $40 on January 30, 2012, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

3. Additional Terms and Conditions for All Holistic Commons Vouchers.

All Vouchers shall be subject to the terms and conditions of Holistic Commons and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.

The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Holistic Commons and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.

According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Holistic Commons, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Holistic Commons [and explain your situation in writing] and Holistic Commons will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from Holistic Commons (presently known as “Healthy Deal Dollars”).