Naturopathic MD Terms of Use
Effective Date: 01/01/2018
This website (“Website”) is operated by Naturopathic MD. PLEASE READ THIS TERMS OF USE AGREEMENT (“Terms” or “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE WEBSITE. THESE TERMS OF USE ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. Your use of this Website, purchase or use of any of Naturopathic MD’s products constitutes your agreement to these Terms of Use.
Naturopathic MD reserves the right, in its sole discretion, to make changes to our Website, these Terms, the policies and conditions that govern the use of our Website and an individual’s access to this site at any time, or to terminate this site without notice. It is recommended that you periodically read these Terms for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes.
This Website is provided by Naturopathic MD, and these Terms of Use provide to you (“you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Website conditioned on your continued compliance with these Terms of Use.
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by these Terms of Use, (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (3) access, link to, or use any source code from the Website (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
These Terms of Use provide only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that Naturopathic MD transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Website are the copyrighted property of Naturopathic MD, or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names shown on this Website are proprietary to Naturopathic MD, or its affiliates and/or third party licensors. Unauthorized use of the materials on this Website will violate intellectual property rights. All rights not expressly granted in these Terms of Use are reserved to Naturopathic MD or its affiliated companies and/or third party licensors, whichever is the owner of any specific material. As such, no material from this Website may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Nothing contained in this Website should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Website without the written permission of Naturopathic MD, or the respective owner of the trademark. The use of any such material on any other website or computer environment is prohibited. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Website or in any way reproduce or circumvent the navigational structure or presentation of this Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of this Website, including, without limitation, the account of another user(s), or any other systems or networks connected to this Website or to any Naturopathic MD server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Website or any network connected to the Website, nor breach the security or authentication measures on this Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or Naturopathic MD’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of this Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Naturopathic MD on or through the Website, (viii) use the Website or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Naturopathic MD. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Naturopathic MD. TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Naturopathic MD cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Website, nor reference hypertext documents on this Website from another website or document including e-mail, except as expressly provided by Naturopathic MD. Naturopathic MD reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms of Use, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.
You may be provided with the opportunity to purchase products and/or services through the Naturopathic MD Website or from third party web sites linked to the Naturopathic MD Website. In addition, some products that you purchase from the Naturopathic MD Website may be processed by third parties, such as laboratories that process blood tests. These products and services are not provided by Naturopathic MD. Products and services purchased through or provided by third-party web sites are subject to the terms and conditions of such third parties and their web sites, and Naturopathic MD shall have no liability or responsibility for such purchases.
Additionally, refunds are only issued 24 hours after payment has posted and if we are given the request in writing to: [email protected]
Any statements on this Website or any materials or supplements distributed or sold by Naturopathic MD have not been evaluated by the Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products available on the Website have been approved or endorsed by the FDA or any regulatory agency. The products and services on the Website are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in Naturopathic MD e-mails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, have a history of heart conditions, or any other medical condition, we suggest consulting with a physician before using any of our products or consultation services.
We do not retain or service “patients”. We do not provide medical care. We consult with “clients” we educate, advise and coach. While the advice of our wellness specialists is based on their knowledge and experience, their advice and recommendations are not intended to replace the advice of your physician. You are encouraged to seek advice from a competent medical professional regarding the applicability of any recommendation with regard to your symptoms or condition.
Additionally, these products are not intended for use by persons under 18 years of age.
Naturopathic MD reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that Naturopathic MD shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
The registration data and certain other information about you is subject to our Privacy policy. Please review the full privacy policy.
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Naturopathic MD reserves the right to terminate immediately your access to and use of this Website. In addition, you agree that you will not make any transmission or submission to this Website that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to the Website, chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant Naturopathic MD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Naturopathic MD may sublicense its rights through multiple tiers of sublicensees. Naturopathic MD is not and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.
The Naturopathic MD Website provides links to other third party web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Naturopathic MD is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that Naturopathic MD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
You agree to indemnify and hold us, our related companies and each of our and their respective directors, officers, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.
This agreement and its performance shall be governed by the laws of the state of Arizona, United States of America, without regard to its conflict of law provisions. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in the County of Maricopa, state of Arizona, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact Naturopathic MD if you wish to receive a printed copy of this Agreement.
Any controversy or claim arising out of or related to the use of the WEBSite or Service that cannot be resolved through AN informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the COUNTY OF MARICOPA but may proceed telephonically (if the claimant so chooses). IF YOU INITIATE AN ARBITRATION, NATUROPATHIC MD WILL PROMPTLY REIMBURSE YOU FOR ANY STANDARD FILING FEE WHICH MAY HAVE BEEN REQUIRED UNDER PROCEDURES ONCE YOU HAVE NOTIFIED Naturopathic MD IN WRITING AND PROVIDED A COPY OF THE ARBITRATION PROCEEDINGS.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in ARIZONA.
You expressly agree that use of our Website is at your sole risk and is provided on an “as is” and “as available” basis to the fullest extent permissible pursuant to applicable laws.
Naturopathic MD and its parents, affiliates (and their franchisees and licensees) and subsidiaries (collectively, “affiliates”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Naturopathic MD and its affiliates make no warranty, express or implied, that the Website or any services, products, or information obtained on or through the Website will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does Naturopathic MD or its affiliates make any warranty, express or implied, as to the results that may be obtained from the use of the Website or any services, products or information obtained on or through the Website or as to the accuracy, completeness or reliability thereof. Naturopathic MD makes no commitment to update or correct any information that appears on the Website or any Website linked hereunder.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Naturopathic MD is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will Naturopathic MD or its suppliers be liable for any damages or losses that result from the use of the materials on this Website, even if advised in advance of such damages or losses. Naturopathic MD and its affiliates make no warranty regarding any goods or services purchased or obtained through or from the Website or any transactions entered into through the Website. No advice or information, whether oral or written, obtained by you from Naturopathic MD or through or from any service or product on the Website shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
These Terms of Use will take effect at the time you place an order, register, respond to a request for information, or begin downloading, accessing, or using the Website, whichever is earliest. Naturopathic MD reserves the right at any time and for any reason to deny you access to this Website or to any portion thereof, and Naturopathic MD shall have the right to immediately terminate a user’s account in the event of any conduct by a user which Naturopathic MD, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms of Use. Termination will be effective, with or without notice. You may also terminate these Terms of Use at any time by ceasing to use the Website, but all applicable provisions of these Terms of Use will survive termination. The provisions concerning Naturopathic MD’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms of Use, and governing law will survive the termination of these Terms of Use for any reason.
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Naturopathic MD’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Naturopathic MD Legal Department
1216 Jonas Ave
Sacramento, CA 95864
Failure to insist on strict performance of any of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Naturopathic MD of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. We may perform any of our obligations or exercise any of our rights under these Terms of Use through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Naturopathic MD, or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms of Use. You may not assign your rights or obligations under these Terms of Use, by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, Naturopathic MD may assign this Agreement in whole or in part. Moreover, Naturopathic MD may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. No joint venture, partnership, employment, or agency relationship exists between you and Naturopathic MD, as a result of these Terms of Use or your use of this Website. These Terms of Use, Naturopathic MD Privacy Policy, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Naturopathic MD, with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Naturopathic MD, with respect to this Website.
Should you have other questions or concerns about these legal notices or the practices of this Website, or if you are interested in reprinting any of the content of this website, please contact us.
