NourishDoc [BETA RELEASE] Member Terms and Conditions
If you have any questions about these Terms, please contact us by email at [email protected]
1. KEY TERMS
1.1. "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Expert Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
1.2. "Client Member" or “Client”, “User”, “Customer”, “Consumer”, or “Student”” means a Member who is registered to receive Expert Services, requests online health coaching, wellness quotes, classes, courses, workshops, packages, programs, consultations, or any other wellness product or service for Expert Services, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of products or Expert Services.
1.3. "Member" means a person or entity who completes Site Provider's account registration process or a person or entity who submits or receives a request through Site Provider, including but not limited to Expert Members and Client Members.
1.4. "Platform" means all Site Provider websites, mobile or other applications, software, processes and any other services provided by or through Site Provider. Site Provider provides a wellness marketplace and Expert platform that allows an Expert to present his or her expertise and sell online health coaching, wellness advice, courses, packages, consultations, and any other wellness services and products to interested Members. Site Provider, via the Expert platform, enables Members to communicate directly with Expert/Experts and for Expert/Experts to receive payments from Members.
1.5. "Expert Services" means the services listed, quoted, scheduled, offered or provided by Expert Members, or sought, scheduled or received by Client Members, through the Platform. Expert services provided by Experts on Platform can only occur as wellness education, wellness coaching, wellness consultation, spiritual direction/healing, goal achievement, holistic coaching, holistic consultation, Ayurvedic diet and/or lifestyle coaching, or some form of alternative, complementary, and integrative medicine consultation and/or coaching.
1.6. "Expert Member" or “Expert”, “Practitioner”, “Health Coach” or “Provider” means a Member who is registered to offer Expert Services, offer online health coaching, wellness advice, courses, packages, consultations, and any other wellness services or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Expert Services. An Expert can be a physician, doctor, physical therapist, practitioner, researcher, professor, instructor, holistic or natural medical professional in Functional medicine, Yoga, Ayurveda, Acupuncture, Chiropractic, natural medicine, herbal medicine, alternative medicine, complementary medicine, or any form of integrative medicine professional, health coach, nutritionist, dietitian or any other professional
1.7. "Site Provider Content" means all Content Site Provider makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
1.8. “Submitted Course Content” means all Content Expert makes available on or through the Platform for payment by Client Members. These include but are not limited to online classes, courses, workshops, wellness plans and any other paid service, including content you post for lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements.
1.9. "User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Site Provider Content and Feedback.
1.10. "Collective Content" means User Content and Site Provider Content together.
2.1. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party's acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
2.2. Permission to Use the Site. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, and revocable right to access the Site and use the Services for your use as we intend by these Terms. Site Provider reserves the right to monitor the Site for the purpose of determining that your usage complies with these Terms.
2.3. Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 2.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (c) interfere with or damage the Service, Site, or any underlying technology; (d) impersonate or misrepresent your identity or affiliation; (e) attempt to obtain unauthorized access to the Service or Site; (f) collect information about users of the Site or the Service without the users' written approval except as provided herein; (g) violate, misappropriate or infringe a third party's intellectual property or other right, or any social media platform terms; (h) violate any law, rule, or regulation, or (i) interfere with any third party's ability to use or enjoy, or our ability to provide, the Service or Site.
3. ACCOUNT REGISTRATION; ACCOUNT USE
3.1. Account Registration. To access the Services through the Site, you must become a registered user of the Site (“Registered User”). To become a Registered User, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else's account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).
3.2. Security of Your Account. You agree to notify Site Provider immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys' fees that you may incur as a result of someone else using your password or account, either with or without your knowledge to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys' fees incurred by the Site Provider or a third party due to someone else using your account.
3.3. No Obligation to Retain a Record of Your Account. Site Provider has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
3.4. Membership. Site Provider provides Members several different membership options. The features and availability of membership options and benefits may change from time to time at the sole discretion of Site Provider and upon reasonable notice posted in advance on the Site.
4.1. Between Client and Expert. The Services to be performed by the Expert are between a Client and an Expert. Upon confirmation of a purchase of a wellness product, wellness service, wellness course, or any other wellness offering, the Client agrees to purchase, and the Expert agrees to perform the Services in accordance with the following agreements: (a) any agreement directly between Client and Expert, (b) these Terms, and (c) any other content uploaded to the Site by Site Provider (collectively, the “Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms. Any other provision of an Agreement in conflict with these Terms is void. Client is responsible for managing, inspecting, accepting and paying for satisfactory Services in accordance with the Agreement in a timely manner. Client and Expert each covenant and agrees to act with good faith and fair dealing in performance of the Agreement.
4.2. Between Registered Users and Site Provider.
4.2.1. General. Site Provider is not a party to the dealing, contracting and fulfillment of any Services between a Client and an Expert. Site Provider has no control over and does not guarantee the quality, safety or legality of any Services performed, advertised, the truth or accuracy of Expert listings, the qualifications, background, or abilities of Registered Users, the ability of Experts to perform Services, the ability of Clients to pay for Services, or that a Client or Expert can or will actually complete the Services. Site Provider is not responsible for and will not control the manner in which an Expert operates and is not involved in the hiring, firing, discipline or working conditions of the Expert. All rights and obligations for the purchase and sale of Services are solely between a Client and an Expert. Site Provider will not provide any Expert with any materials, equipment, or facility to complete any Services. Clients and Expert must look solely to the other for enforcement and performance of all the rights and obligations arising from Agreement and any other terms, conditions, representations, or warranties associated with such dealings. Client acknowledges and agrees that Site Provider does not supervise, direct or control an Expert's Services or the Services in any manner. Client and Expert each acknowledge and agree that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Agreement. Clients and Experts further agree that Site Provider has the right to take such actions with respect to the Agreement or their Site Provider accounts, including without limitation, suspension, termination, or any other legal actions, as Site Provider in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site. EXPERT AND CLIENT ASSUME ALL RISK IN CONNECTION WITH THE SERVICES BETWEEN EXPERT AND CLIENT, INCLUDING THE SAFETY AND CONDUCT OF ANY EXPERT OR ANY CLIENT. SITE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF THE CLIENT OR EXPERT OR BOTH, AS APPLICABLE.
4.2.2. Background, Certification and Reference Checks. Site Provider does not employ, recommend or endorse any Expert or Client, nor is it responsible for the conduct of any Expert or Client. Site Provider provides a tool to connect Expert and Clients. Client acknowledges and agrees that Client is responsible for determining if the Expert they hire is qualified to perform the Services at hand and for complying will all applicable laws in connection with the relationship with the Services. Notwithstanding the foregoing, Experts who have registered as “Site Provider Select” have completed a background, certifications and reference checks with Site Provider. Please click here to learn more about the guidelines to become a “Site Provider Select.” Nothing contained herein shall be construed as an obligation by Site Provider to perform background checks, or verification checks on any Registered Users. To the extent Site Provider performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
4.2.3. Agency. These Terms and any registration for or subsequent use of this Site by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Site Provider, except and solely to the extent expressly stated.
4.3. Member acknowledges and agrees that Experts are neither employees nor agents nor representatives of Site Provider, and Site Provider assumes no responsibility for any act or omission of any such Expert.
4.4. Any statements for products sold on the Platform have not been evaluated by the Food and Drug Administration. Any product sold on the Platform is not intended to diagnose, treat, cure, or prevent any disease.
4.5. The Platform and Sites may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. Furthermore, the Platform and Sites may include forums and bulletin boards that allow Members to post questions to Experts regarding various topics and allow Experts to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, SITE PROVIDER DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR Expert ADVICE PROVIDED AND SITE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
4.6. The advice or information provided by Expert is provided for educational and informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Member by a doctor or other health professional. Members should not rely on or make health decisions based on advice provided by any Expert on the Platform. Site Provider clearly states that a Member seeking medical or mental health advice make an appointment for an examination in person with a qualified medical professional.
4.7. Site Provider does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to any Expert on the site.
4.8. Member understands and agrees that, although Expert/Experts may have been accessed through the Platform or a Site, Site Provider cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Expert. Member also acknowledges and agrees that Member takes full responsibility for the decision to access the Expert through the Site and to continue to interact with the Expert and that the role of Site Provider is strictly limited to providing access to such professionals and other Experts for Member's consideration.
4.9. Additional Terms Related To Interactions With Holistic Therapy Professionals, And Other Experts In Fields Requiring Licensure And/Or Certification.
4.9.1. Many holistic therapies such as Functional Medicine, Integrative Medicine, Ayurveda, Acupuncture, Yoga, Chiropractic, Naturopathic Medicine, Diet Therapy, and others may be currently considered a form of complementary and alternative medicine in the United States. THESE THERAPIES MAY NOT BE RECOGNIZED OR LICENSED BY YOUR STATE AS A MEDICAL DISCIPLINE OR PRACTICE. All Services and treatments provided are complementary or alternative to health care services provided by health care Experts currently licensed by your state. Holistic therapies are complementary to and supportive of traditional western medicine as practiced in the United States and do not replace medical diagnosis and treatment. (See Medical Disclaimer)
4.9.2. You have the right to complete and current information concerning the Expert's Services that are to be provided prior to commencement of each Service including the expected duration of the Services to be provided.
4.9.3. Experts on the Platform offer a variety of programs on various platforms including online, social media, retreats, classes, webinars, seminars, group workshops, and other similar. Online programs may include webinars, emails, videos, chat, video conferences, and other formats of programs. Member is responsible for taking time to participate in webinars, read emails, and engage in programs to achieve success. Before you purchase any Service from any Expert, please read and understand the below legal disclaimers:
188.8.131.52. Experts may live and practice their trade in the USA in your state or outside your state, or any other country outside the USA. Experts may therefore not be registered with the Medical Boards of any US States. As such, the restrictions below apply.
184.108.40.206. The Expert(s) may require additional health intake forms and waivers to comply with their state and country's laws of practice.
220.127.116.11. Your Expert can not legally 'diagnose' any medical condition or illnesses you may discuss. (See Medical Disclaimer)
5. FEES AND PAYMENTS
5.1.1. Subscription and Services Fees. Site Provider assesses one or more of the following subscription and service fees to access and use the Site, buy wellness products, and/or Expert Services (“Service Fees”), as applicable, on payments made by Clients to Experts through the Site:
5.1.2. Interactions. All interactions between Experts and Members will be billed through the Platform, regardless of whether the interaction is online or offline. Site Provider will use reasonable efforts to process each Client's chosen payment method for the amount of the purchase (subject to Site Provider's fee structure below) within 7 business days after the Expert Service has concluded.
5.1.3. Subscription Fee: For a limited time, there is no Subscription Fee for Members.
5.1.4. Transaction Fee: Site Provider's present fee structure consists of a transaction fee for each Expert Service. Site Provider will assess a per-transaction “Transaction Fee” to offset its expenses, including but not limited to those related to promoting trust and safety on the Site platform as well as other operational costs of running the platform. In the event of non-performance of any Services by the Provider, the Transaction Fee is non-refundable.
18.104.22.168. Transaction Fees are applied after the Client has been invoiced, has paid, and completed the final session of the Expert Service as follows.
5.2. Change of Fees: Site Provider may modify the fees at any time without prior notice but will use reasonable efforts to provide advance notice. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms, at any time, we will not refund the membership fee already paid. Administrative fees may apply for additional administrative functions such as cancelling checks or initiating wire transfers.
5.3. Promotions. Site Provider may, at its sole discretion, make available promotions with different features to any of our Clients or prospective Clients. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with the Site Provider.
5.4. Credit Card Authorization. Upon addition of a new payment method or each transaction request, Site Provider may seek authorization of your selected payment method to verify your payment method, and protect against unauthorized behavior.
6.1.1. Authorized Payments are Final. Your use of the Site constitutes your agreement to pay for any amounts which you authorize us to charge to your payment card. Such payments, once authorized, are final. Client hereby releases Site Provider from any and all liability with respect to such Payment.
6.1.2. Fraud and Error. Site Provider reserves the right to seek reimbursement from you, and you will reimburse Site Provider, if Site Provider discovers a fraudulent transaction, erroneous or duplicate transaction, or if Site Provider receives a chargeback or reversal from any Payment Method for any reason. You agree to and acknowledge Site Provider's right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Site Provider in an effort to investigate fraud. You agree that Site Provider has the right to obtain such reimbursement by charging the Payment Method associated with your Site Provider account or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Site Provider account, without limitation of any other available rights or remedies.
6.1.3. Currency. All invoices and Payments operate in US Dollars.
6.2. Payment Errors: Site Provider's billing system is not error-free, and Site Provider shall not be liable for any miscalculations or malfunctions in processing payments. If you think a mistake has occurred, you must submit a complaint to the Site Provider's service department here within 30 days of discovery of such mistake.
7. INTELLECTUAL PROPERTY; LIMITED LICENSE; THIRD-PARTY CONTENT AND SERVICES
7.1. Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Site Provider and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
7.2. Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Site Provider is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
8.1. By sending us any feedback, comments, questions, or suggestions concerning Site Provider or our services, including the Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Site Provider and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
9. COPYRIGHT POLICY
9.1. The Site Provider respects the intellectual property of others, and we ask our users to do the same. The Site Provider may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site's Copyright Agent the following information:
9.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
9.1.2. a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
9.1.3. a description of where the material that you claim is infringing is located on the site, including the URL;
9.1.4. Your address, telephone number, and email address;
9.1.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
9.1.6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
9.2. The Site's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:By mail: Copyright Agent, Design Dolce LLC, 50 Woodside Plaza, Ste 612, Redwood City, CA 94061
10. YOUR LICENSE TO USE THE PLATFORM
10.1. Subject to your compliance with these Terms, Site Provider grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Site Provider or its licensors, except for the licenses and rights expressly granted in these Terms.
11. USER CONTENT
11.1. There may be opportunities for you to post content to the Site or send feedback to us (User Content including but not limited to Case studies, Research, Testimonials, Client Member Stories, Recipes, Therapy Ideas, Treatment Plans, Wellness Plans, Events, Webinars, Videos, Articles, and all type of Expert-generated and Client-generated content). We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Site Provider a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Platform will not be used by Site Provider in public advertising. In the interest of clarity, the license granted to Site Provider shall survive termination of the Platform or your Account. Site Provider does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
11.2. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Site Provider the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Site Provider's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that Site Provider may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
11.3. Site Provider reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
12. USER NAME AND PASSWORD
12.1. When you create and open an account with the Site, you will be asked to provide a “User Name” and “Password”. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, User Name or Password. You may not use the account, username or password of any other Member at any time. You will immediately notify the Site Provider of any unauthorized use of your password, user name, email or any other breach of security. The Site Provider encourages Members to change their password at least once a month. The Site Provider will not be liable for any loss that you incur as a result of any breach of your account, either with or without your knowledge. You may be held liable for any losses incurred by the Site Provider due to someone else's use of your account or password.
12.2. Member Information. In order to use the Site, both Members and Experts must first complete the registration form. During registration, the Member is requested to furnish contact information, such as name and email address. Member is encouraged to provide additional personalized information (such as education, specialization, experience, and qualifications) and unique identifiers (such as a screen name), so the Site Provider may provide a more personalized experience on the Site. In such a case, you may decide whether you wish to provide such information or not.
12.3. Any information or content that you post or transmit through the Site will not be considered your confidential information. You grant the Site Provider an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a worldwide basis. In addition, the Site Provider may disclose your information in accordance with the “Use of Data” section below.
12.4. Expert and Client Communication. The Site provides a platform for registered Experts to provide Members with Holistic Health advice that they seek. By utilizing the Site, Experts and Members can negotiate and enter into a contract for advice. The Site Provider does not screen or edit the content of communications between Experts and Members, but the Site Provider may screen, copy, transmit and review all communications conducted by or through the Site for technical support and/or in order to uphold the terms of this Agreement. Such communications are, as between Expert and Client, confidential, personal and private unless both the Client and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described below). Except as provided in the next sentence, all communications between Experts and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. Chat, E-mail and phone communications are not encrypted and thus may be susceptible to unauthorized monitoring.
12.5. Use of Data. The Site Provider may disclose your information, including but not limited to personal information, transcripts, surveys, and recordings if the Site Provider reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate the Site Provider's liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect the Site Provider's rights or property, or the rights or property of any person or entity, (iv) is necessary or appropriate to enforce this Agreement or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud).
12.5.1. The Site and the Site Provider may use the details of transactions executed through the Site for promotional and informational purposes and publish their details on the Site, provided that such publication will not identify the Expert or Client in any means other than their Screen Name.
12.5.2. International Users. The Site Provider makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
12.7. Advertisements. The Site Provider may include in the Site advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Expert may be shifted to a Website of the advertiser or receive other messages, information or offers from the advertiser. You acknowledge and agree that the Site Provider is not liable for the privacy practices of advertisers or the content of their Websites, information, messages or offers. You are wholly liable for all communications with advertisers and for all transactions subsequently executed
13. WARRANTIES; DISCLAIMER
13.1. NO WARRANTIES. THE SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. Site Provider DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW. Site Provider DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. SITE PROVIDER MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS.
13.2. USE OF SITE AND SERVICES ARE AT YOUR OWN RISK. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT 9-1-1. SITE PROVIDER DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE. NOTHING CONTAINED ON THE SITE OR SERVICES OFFERED BY SITE PROVIDER SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE, DIAGNOSIS, OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, AND ANSWERS TO YOUR PERSONAL QUESTIONS PRIOR TO ENGAGEMENT OF ANY EXPERT'S SERVICES. EXPERT'S SERVICES MAY NOT BE RIGHT FOR EVERY PERSON.
13.3. THIRD-PARTY CONTENT AND WEBSITES. SITE PROVIDER WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. SITE PROVIDER DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND SITE PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CLIENTS AND EXPERTS OF PRODUCTS OR SERVICES. SITE PROVIDER WILL NOT BE LIABLE FOR THE OFFENSIVE, ILLEGAL, HARMFUL CONDUCT OF ANY THIRD PARTY. MATERIAL ON THE SITE MAY INCLUDE HYPERLINKS TO INFORMATION CREATED AND MAINTAINED BY OTHER PUBLIC AND PRIVATE ORGANIZATIONS AND PERSONS. Site Provider PROVIDES THESE LINKS SOLELY FOR OUR USERS' INFORMATION AND CONVENIENCE. THESE REFERENCES ARE NOT INTENDED TO REFLECT THE OPINION OF SITE PROVIDER, OR ITS OFFICERS OR EMPLOYEES CONCERNING THE SIGNIFICANCE, PRIORITY, OR IMPORTANCE TO BE GIVEN THE REFERENCED ENTITY, PRODUCT, SERVICE, OR ORGANIZATION. SUCH REFERENCES ARE NOT AN OFFICIAL OR PERSONAL ENDORSEMENT OF ANY PRODUCT, PERSON, OR SERVICE, AND MAY NOT BE QUOTED OR REPRODUCED IN A WAY THAT IMPLIES SITE PROVIDER'S ENDORSEMENT OR APPROVAL OF ANY PRODUCT, PERSON, OR SERVICE. WHEN YOU SELECT A LINK TO AN OUTSIDE WEBSITE, YOU ARE LEAVING THE SITE PROVIDER DOMAIN AND ARE SUBJECT TO THE PRIVACY AND SECURITY POLICIES OF THE OWNERS/SPONSORS OF THE OUTSIDE WEBSITE. Site Provider DOES NOT CONTROL NOR GUARANTEE THE ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS OF INFORMATION CONTAINED ON AN EXTERNALLY LINKED WEBSITE.
13.4. YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
14. LIMITATION OF LIABILITY
14.1. NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SITE PROVIDER, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “SITE PROVIDER” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF SITE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. SITE PROVIDER WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
14.2. OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AGGREGATE AMOUNT ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
14.3. YOUR RIGHTS MAY VARY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
14.4. Data. You are responsible for the creation, storage, and backup of your business records. These Terms and any registration for or subsequent use of this Site or the Services will not be construed as creating any responsibility on Site Provider's part to store, backup, retain, or grant access to any information or data for any period.
15.1. You agree to defend, indemnify and hold harmless Site Provider, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys' fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party's use or misuse of any service purchased by you on this Site; (c) arising from or related to any other party's access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; (e) arising from a claim that the Practitioner has been misclassified and is or may be an employee of Client or Site Provider; (f) your failure to comply with applicable law; (g) defamation, libel, or infringement of any intellectual property right by you and/or violation of any other third party right; (f) arising from, related to, or connected with your use or misuse of the Site or Services, including any payment obligations incurred through your use of the Site; (g) your failure to comply with payments hereunder; or (h) any acts or omissions of the Practitioner and/or Client, as applicable. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation are intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
15.2. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
15.3. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
16. TERMINATION; SURVIVAL
16.1. Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
16.2. Modification and Termination of Site and Services. We may terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
16.3. Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
16.4. Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The provisions that by their nature should survive shall survive.
You and Site Provider agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Site Provider in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 17.
17.1. Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
17.2. Applicable Law. United States federal law, and (to the extent not inconsistent with or preempted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Covered Matters.
17.3. Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by JAMS in accordance with JAMS Streamlined Arbitration Rules and Procedures (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms in this Section 17.3). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.4. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Site Provider prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Site Provider. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
17.5. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Site Provider must be resolved exclusively by a state, federal, or small claims court located in San Mateo County, California. You and Site Provider agree to submit to the exclusive personal jurisdiction of the courts located within San Mateo County, California for the purpose of litigating all such claims or disputes.
17.6. OPT-OUT. IF YOU ARE A NEW SITE PROVIDER USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE [email protected] EMAIL ADDRESS (“OPT-OUT NOTICE”) OR VIA US MAIL TO: DESIGN DOLCE LLC, 50 WOODSIDE PLAZA STE 612, REDWOOD CITY, CA 94061 . THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW SITE PROVIDER USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
17.7. Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver's license which matches the name on your account to: [email protected] This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
17.8. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Site Provider must be resolved exclusively by a state, federal, or small claims court located in Redwood City, San Mateo County, California. You and Site Provider agree to submit to the exclusive personal jurisdiction of the courts located within San Mateo County, California for the purpose of litigating all such claims or disputes.
17.9. WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
17.10. STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
18.1. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of California (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur exclusively in courts of Redwood City, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between the Site Provider and you with respect to the subject matter hereof, and you agree that you have not relied upon any promises or representations by the Site Provider with respect to the subject matter except as set forth herein. You are prohibited from providing services to Members who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. In the event of any conflict between this Agreement and the Client Agreement, this Agreement shall take precedence. No waiver, concession, extension, representation, or any alteration or addition to this Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
18.2. Notice. Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
18.3. No Assignment. You shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of the Site Provider. Any purported transfer, assignment or delegation by you without the appropriate prior written approval will be null and void and of no force or effect.
18.4. Modifications to this Agreement. The Site Provider may change this Agreement by posting modifications on the Site. Unless otherwise specified by the Site Provider, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. By using the Site after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you may terminate this Agreement as set forth above.
19. HIPAA Waiver for Digital Communication, De-Identified Data & Holistic Medicine
19.1. HIPAA Waiver for Digital Communication, Virtual Appointments, and Program
19.1. HIPAA Waiver for Digital Communication, Virtual Appointments, and Program Participation: Member consents to voluntarily communicate with Expert through digital communication (i.e., email, video conference, SMS, video content messages, and various other forms of digital and internet communication). Site Provider does its absolute best to maintain security using a secure website but does not guarantee secure Text messaging, emails, audio, or video calls.
19.2. De-identified anonymous data for Research/Publication: In addition to optimizing and improving health, Site Provider is also interested in conducting research on the science of food, personalized nutrition, and its role in health and wellness. The use of Member's anonymized or de-identified data is crucial to this research. De-identified data is information from which there is no reasonable basis to believe one could be identified as an individual. Names, phone numbers, street, and email addresses, financial information, face photos, and codes are removed from anonymized data. As such, you consent to data obtained during treatment by Expert to be used for scientific research, including the presentation and publication of results on the condition that any/all data is de-identified to protect your anonymity.
19.3. Digital/Electronic Communication Agreement: The Member may be contacted by phone, voicemail, email, text, or other digital forms of communication by Expert for any Service or get any other information.
You may report any violation of this Agreement to the Site Provider team at [email protected]