Naturopathic CE Web Site Terms of Service
Last Updated: April 10th, 2020
This Agreement (the “Terms of Service”) is between you and Timothy Miller ND LLC d/b/a Naturopathic CE (“we,” “us,” or “Naturopathic”), a New York limited liability company. By accessing and using the Naturopathic CE Website, you hereby agree to these Terms of Service.
- PAYMENT POLICY: We offer films and videos (“Videos”) to our subscribers on our website located at http://staging.naturopathicce.com (the “Site”). Videos on the Sitehat may only be accessed by making payment through the Site. We currently use PayPal and Authorize.Net to obtain your payment. We incorporate by reference herein their terms of service located at https://www.authorize.net/about-us/terms/ and https://www.paypal.com/us/webapps/mpp/ua/useragreement-full.
- PASSWORDS: You are responsible for all uses of your password. Only one computer may be connected to our system at any one time with thesame password. Additionally, to the extent we are technologically able, we do not permit our password protected areas to be accessed by more than three (3) different computers using the same password within any twenty-four (24) hour period. We do not authorize you to make copies of any content on the Site and/or provide them to any other person for any reason. We shall use commercially reasonable efforts to preventunauthorized copying. You grant to and authorize us and to place a “cookie” or other code in any download to you that would cause your computer to notify us any time you make a copy onto any kind of transportable storage device such as a USB, CD ROM, or DVD R/W and to prevent you from making any copies of any and all content on the Site. You also authorize us to insert files or codes that would prevent emailing of any of the content you have downloaded from us or other electronic transfer of that content such as over variations of pure and hybrid peer-to-peer networks.
- YOUR RIGHTS: Naturopathic grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms of Service. The contents of the Site are only for your personal use as a visitor of the Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
Parts of the Site are open to all visitors. We do not warrant or otherwise represent the accuracy, quality or value of messages posted on the Site; we also do not claim to read and evaluate them all. You represent and acknowledge that you do not rely, whether reasonable or not, upon what you read on the Site. We also do not warrant or otherwise represent the accuracy, quality or value of the Videos available on the Site. Any ratings are solely our or our users’ opinions and do not represent any attestation of fact.
- REGISTRATION: You agree to provide Naturopathic with accurate and complete information at the time you register on the Site (“Registration Data”) in order to obtain access to the Site, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You further agree to promptly update your Registration Data within a reasonable time any of such Registration Data changes. Failure to comply with this “Registration” section (including, without limitation, falsification of or failure to update any Registration Data) may, at Naturopathic’s sole discretion, result in immediate suspension or termination of your right to access and use the Site without refund of any sums you may have paid to us as a subscriber.
You agree to promptly update your passwords and necessary Registration Data in the event of any unauthorized use of your account; breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and upon request by us. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow the subscription help instructions to update your Registration Data.
- COPYRIGHT AND TRADEMARKS: All materials on the Site, including, without limitation, text, images, software, audio and video clips, databases, e-mails, and posted comments (collectively, the “Content”) are owned or controlled by Naturopathic and/or its licensors and licensees, which retain all right, title, and interest in and to the Content. Your posting of material on the Site or providing material to Naturopathic (other than subject to a “Distribution Agreement” with us) to use on the Site will be deemed a non-exclusive perpetual unrestricted license by you to Naturopathic of the material, including the right to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works, and you waive all rights of attribution and integrity with respect to the material. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
- YOUR OBLIGATIONS. You covenant to post only material that is yours; that is, post only material to which you own the copyright, trademark, trade secret, patent, idea, or concept (“Intellectual Property”) or have the express written consent of the Intellectual Property owner. Material posted without permission of the Intellectual Property owner will be removed if we learn of such unlicensed use. We also reserve the right to block you from using the Site for making such unlicensed use. You may not download, publicly display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Naturopathic.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Naturopathic or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of Naturopathics or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Naturopathic;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that Naturopathic sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
COPYRIGHT © NATUROPATHIC CE 2019 ALL RIGHTS RESERVED. NATUROPATHIC, NATUROPATHIC CE, AND OTHER RELATED MARKS USED ON THIS SITE ARE SERVICE MARKS OF NATUROPATHIC CE.
- COMMUNICATIONS BY THE SITE WITH USERS: Naturopathic may make available to users of the Site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the “Forums”). Naturopathic cannot review all communications made on or through the Site. However, Naturopathic reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which Naturopathic in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Naturopathic policy.
- COMMUNICATIONS WITH THE SITE OR OTHER USERS: We expect you to use only language appropriate for general conversation, with no insulting, racist, obscene or sexually explicit remarks.
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the “Communications”). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which
(a) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services other than for Naturopathic goods and/or Naturopathic services;
(b) constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(c) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(d) constitutes or contains false or misleading indications of origin or statements of fact;
(e) slanders, libels or defames any person or entity;
(f) causes injury of any kind to any person or entity;
(g) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(h) violates any applicable laws, rules, or regulations; or
(i) contains software viruses or any other malicious code designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. Naturopathic and its Affiliates do not endorse or accept any Communications as its own or representative of its views. We reserve the right, though we do not have the obligation, to remove without notice any posting that we consider to be in violation of these Terms of Service, or to diminish the value of this online community. This includes postings which defame, insult or harass anyone, or that are in any way abusive.
- PUBLIC COMMUNICATIONS: You acknowledge and agree that any communications made to or by means of any portion of the Site are public. You acknowledge that you have no expectation of privacy in any communication on the Site and no confidential, fiduciary, contractually implied or other relationship is created between you and Naturopathic or any of its users by reason of your transmitting a communication to any area of the Site. By transmitting any communication to the Site, you grant to Naturopathic a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, “moral rights,” or any similar rights under any jurisdiction.
- UNSOLICITED E-MAIL: You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Site or any equipment owned or operated by Naturopathic in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e- mail address accessible to the public shall not constitute a request or invitation to receive messages.
- “OPT-IN” FOR SPECIAL NOTICES: Naturopathic may periodically make special offers or communications to Subscribers on its Site. If you would like to receive such offers or communications, you may “Opt-In” at any time by checking the “Opt-In” box that appears on the email notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the “Opt-In” option constitutes acceptance of Naturopathic’s use of your e-mail address to send you notices pertaining to Naturopathic, its products and services, the Site, and related topics.
- YOUR PASSWORD AND RESPONSIBILITY: As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Site, and you agree that Naturopathic will have no obligations with regards thereto. You agree not to assign, transfer or sublicense your rights as a user to the Site.
- INFORMATION PROVIDED: YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE IS AT YOUR SOLE RISK. Naturopathic reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that Naturopathic is not responsible for any materials posted on the Site or Naturopathic’s Affiliates. We advise that you not make any decisions solely based on information posted on the Site. Neither Naturopathic nor its Affiliates shall have any liability arising from your acts or decisions based upon the information provided on the Site. You agree to all disclaimers displayed anywhere on the Site and such disclaimers are incorporated by reference herein.
- LINKS TO OTHER SITES: The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by Naturopathic of any third-party site or any materials contained therein. Naturopathic does not control, and is not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
- AGE RESTRICTIONS: You represent and warrant to Naturopathic that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
- INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless Naturopathic from and against any and all liability and costs incurred by Naturopathic in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Naturopathic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Naturopathic.
- DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NATUROPATHIC MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY NATUROPATHIC. NATUROPATHIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, NATUROPATHIC WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVEX MALICIOUS CODE.
- LIMITATION OF LIABILITY: USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL NATUROPATHIC, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR NATUROPATHIC, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF NATUROPATHIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NATUROPATHIC IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE NATUROPATHIC AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
- TERMINATION: In addition to any other rights of the parties set forth herein, either you or Naturopathic may cancel or terminate your access to the Site. Naturopathic also reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Service. If Naturopathic terminates these Terms of Service based on a breach of any portion of these Terms of Service, Naturopathic reserves the right to refuse to provide use and/or access to any Services to you in the future. You acknowledge that Naturopathic shall not be liable to you or any third party for any termination of your access to this Site.
(a) To the Agreement: Naturopathic has the right to modify these Terms of Service and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Naturopathic in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the use or access of the Site, is to cancel your subscription in accordance with the subscription help instructions.
(b) To the Site: Naturopathic has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. Naturopathic may also impose limits on certain features and services or restrict your access to parts or all of the Naturopathic Site without notice or liability. We do not change your message, but we may edit or move it and/or edit its title in the interest of clarity and coherence of the ongoing conversation.
- VIOLATIONS: If you see a message that you believe violates these Terms of Service, please notify us at [email protected].
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify Naturopathic at [email protected].
- GENERAL: These Terms of Service constitute the entire agreement between you and Naturopathic with respect to the Site and supersede all prior agreements between you and Naturopathic with respect to the Site. Failure by Naturopathic to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Please do not suggest or encourage illegal activity. (Naturopathic will cooperate with law enforcement officials as appropriate.) Interpretation and enforcement of these Terms of Service shall be governed by the laws of the state of New York (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of New York for any action arising out of or relating to your use of the Site. The federal and state courts of New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.