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1.2 The Wellness Platform is a technology platform that provides online holistic therapies education to consumers, Wellness Experts, businesses, students, and anyone interested in wellness. All classes, workshops, consultations, wellness plans, videos, webinars and other forms of sessions are for educational and informational purposes only. Holistic medicine, complementary medicine, alternative medicine, functional medicine, integrative medicine, naturopathic medicine, lifestyle medicine, herbal medicine, diet, exercise, food, nutrition, yoga, meditation, and all other forms of holistic therapies are for education purposes only. The case studies, testimonials, member stories, and other articles on this website represent the anecdotal experience of individual consumers.
1.3 This Agreement applies with respect to a Member's access and/or use of the Wellness Platform regardless of where such Wellness Platform is made available. In addition to the Sites, the Wellness Platform, or a portion thereof, may also be made available via third party websites. If you have accessed the Wellness Platform, or any portion thereof, via a website operated, managed, maintained, or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Site Provider is not responsible or liable for any terms, conditions, policies, acts, or omissions of any such third parties.
1.4 YOU AGREE THAT BY USING THE WELLNESS PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
1.5 This Agreement sets forth and contains the terms and conditions between you and the Site Provider. By using any portion of any Site you agree to be legally bound by this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CONTINUE TO USE ANY PORTION OF ANY SITE. In such a case you will not be able to register as a Member or otherwise use the Wellness Platform.
1.6 Site Provider may modify this Agreement or any part hereof at any time as may be required for the provisions of Services on the Sites and for other legitimate business purposes. Site Provider will use commercially reasonable efforts to inform you of any material changes to this Agreement. However, the Member is encouraged to check the terms of this Agreement frequently. By using the Wellness Platform or a Site (including maintaining your account) after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.
2.1 The Wellness Platform allows Members to find a Wellness Expert, classes, workshops, consultations, wellness plans, videos, webinars, and other forms of sessions and ask questions or request advice and/or Services directly from such a Wellness Expert. Site Provider, via the Wellness Platform, enables a Member to communicate directly with the Wellness Expert and pay for the Services purchased by the Member from such a Wellness Expert (each a "Transaction"). Each Member is solely responsible for every Transaction occurring under his or her account. See also User Name and Password
2.2 Member acknowledges and agrees that Wellness 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 Wellness Expert.
2.3 Any statements for products sold on the Wellness Platform have not been evaluated by the Food and Drug Administration. Any product sold on the Wellness Platform is not intended to diagnose, treat, cure, or prevent any disease.
2.4 As further described in this Agreement, Site Provider makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Wellness Platform or the Sites, (b) the willingness or ability of any Wellness Expert to give advice, (c) whether the Member shall find a Wellness Expert's advice relevant, useful, accurate or satisfactory, (d) whether the advice of the Wellness Expert will be responsive or relevant to the Member's question, or (e) whether the Wellness Expert's advice will otherwise be suitable to the Member's needs. Site Provider takes no responsibility for verifying the skills, degrees, qualifications, credentials, or background of any Wellness Experts. It is strongly recommended that the Member independently verify the skills, degrees, qualifications, credentials, and background of each Wellness Expert from whom he or she receives or contemplates to receive advice or Services. A complementary text, audio, or video call may be provided by some Wellness Experts to the Member to further establish the direct verification and suitability of the Wellness Expert.
2.5 The Wellness 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 Wellness Platform and Sites may include bulletin boards that allow Members to post questions to Wellness Experts regarding various topics and allow Wellness 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 Wellness 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.
2.6 Care provided by Wellness Experts on Wellness Platform via the Service can only occur as wellness coaching, spiritual direction/healing, goal achievement, holistic coaching, or Ayurvedic coaching.
3.1 Between Member and Wellness Expert. The Services to be performed by the Wellness Expert are between a Member and a Wellness Expert. Upon booking confirmation, the Member agrees to purchase, and the Wellness Expert agrees to perform the Services in accordance with the following agreements: (a) any agreement directly between Member and Wellness 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. Member is responsible for managing, inspecting, accepting, and paying for satisfactory Services in accordance with the Agreement in a timely manner. Member and Wellness Expert each covenant and agrees to act with good faith and fair dealing in the performance of the Agreement.
3.2 Between Registered Users and Site Provider.
3.2.1 General. Site Provider is not a party to the dealing, contracting, and fulfillment of any Services between a Member and a Wellness 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 Wellness Expert listings, the qualifications, background, or abilities of Registered Users, the ability of Wellness Experts to perform Services, the ability of Members to pay for Services, or that a Member or Wellness Expert can or will actually complete the Services. Site Provider is not responsible for and will not control the manner in which a Wellness Expert operates and is not involved in the hiring, firing, discipline, or working conditions of the Wellness Expert. All rights and obligations for the purchase and sale of Services are solely between a Member and a Wellness Expert. Site Provider will not provide any Wellness Expert with any materials, equipment, or facility to complete any Services. Members and Wellness Expert must look solely to the other for enforcement and performance of all the rights and obligations arising from the Agreement and any other terms, conditions, representations, or warranties associated with such dealings. Member acknowledges and agrees that Site Provider does not supervise, direct, or control a Wellness Expert’s Services or the Services in any manner. Member and Wellness Expert each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Agreement. Members and Wellness 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. Wellness Expert AND Member ASSUME ALL RISK IN CONNECTION WITH THE SERVICES BETWEEN Wellness Expert AND Member, INCLUDING THE SAFETY AND CONDUCT OF ANY Wellness Expert OR ANY Member. SITE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF THE Member OR Wellness Expert OR BOTH, AS APPLICABLE.
3.2.2 Background, Certification and Reference Checks. Site Provider does not employ, recommend or endorse any Wellness Expert or Member, nor is it responsible for the conduct of any Wellness Expert or Member. Site Provider provides a tool to connect Wellness Expert and Members. Member acknowledges and agrees that Member is responsible for determining if the Wellness Expert they hire is qualified to perform the Services at hand and for complying will all applicable laws in connection with the relationship the Services. Notwithstanding the foregoing, Wellness 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.
3.2.3 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. Additional Terms Related To Interactions With Medical Professionals, Mental Health Professionals, And Other Wellness Experts In Fields Requiring Licensure And/Or Certification.
4.1 This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
4.2 If a Member chooses to interact on or through the Wellness Platform with any holistic or natural medical professional, yoga or ayurvedic professional, or any other alternative and complementary medicine professionals, or any other Wellness Expert in a field requiring licensure and/or certification, the Member relationship (as with all other Wellness Experts) is strict with the Wellness Expert. Site Provider is not involved in any way with the substance of that relationship or the advice or information given therein, and Site Provider does not validate the information or advice provided to you by such a Wellness Expert.
4.3 The advice or information provided by a holistic or natural medical professional, yoga or ayurvedic professional, or any other alternative and complementary medicine professionals 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 Wellness Expert on the Wellness Platform. Site Provider strongly recommends that a Member seeking medical or mental health advice make an appointment for an examination in person with a qualified medical professional.
4.5 Site Provider does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to any Wellness Expert on the site. The Member understands that it is his or her responsibility to check the certification and/or licensing of the Wellness Expert with the applicable state licensing board or authorities in the Wellness Expert's state or country.
4.6 Member understands and agrees that, although a Wellness Expert may have been accessed through the Wellness Platform or a Site, Site Provider cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Wellness Expert. Member also acknowledges and agrees that Member takes full responsibility for the decision to access the Wellness Expert through the Site and to continue to interact with the Wellness Expert and that the role of Site Provider is strictly limited to providing access to such professionals and other Wellness Experts for Member's consideration.
4.7 Member hereby releases and agrees to hold harmless Site Provider and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants, and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any holistic or natural medical professional, yoga or ayurvedic professional, or any other alternative and complementary medicine professionals, or any other Wellness Expert in a field requiring licensure and/or certification, who may be accessed through the Wellness Platform or any Site. (See Medical Disclaimer)
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.
5.1 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 Wellness 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)
5.2 You have the right to complete and current information concerning the complementary and alternative health care Wellness Expert’s assessment and recommended complementary and alternative health care Services that are to be provided prior to commencement of service(s) for each appointment including the expected duration of the complementary and alternative health care Services to be provided.
5.3 The Wellness Expert(s) may require additional health intake forms and waivers to comply with the state and country’s laws of practice.
5.4 Experts on NourishDoc offer a variety of programs on various platforms including online, social media, digital and retreats, classes, webinars, seminars, and group workshops. Online programs may include webinars, emails, and videos. Member is responsible for taking time to participate in webinars, read emails, and engage in programs to achieve success.
5.5 For Consultation:
Before you purchase any session, and again before your consultation with your Wellness Expert, please read and understand the below legal disclaimers:
Wellness Experts may live and practice their trade in the USA in your state or outside your state, or any other country outside the USA. Wellness Experts may therefore not be registered with the Medical Boards of any US States. As such, the restrictions below apply.
Your Wellness Expert may require you to sign consent forms, health intake forms, and other forms needed for their practice in their country.
Your Wellness Expert can not legally 'diagnose' any medical condition or illnesses you may discuss. They will listen intently to you and analyze any issues you are facing, and they will inform you how traditional Holistic therapies and practice would interpret this, but this is clearly not a legal 'diagnosis'.
Your Wellness Expert will not prescribe you any 'drugs' or 'medicines'. Supplements may be a part of a traditional wellness response to temporary or ongoing wellness issues, but nothing your Wellness Expert may mention or recommend is to be interpreted as being meant to treat, cure, or prevent any disease.
Most wellness approaches in Ayurvedic science and other holistic therapies will be addressed via simple home-level approaches or lifestyle adjustments, however, nutrition still plays a key element. Nature offers us an array of powerful solutions for keeping life-balance, however, although natural, all foods, herbs, and spices are not safe for all people under all conditions. Please ensure your intake forms are filled out with thoroughness and care, and please discuss with your Wellness Expert any proposed supplements' risks and potential interactions with medications or vitamins you may be taking. Always discuss any change in the regiment with your Wellness Expert and your local physician
The same care and caution apply to many lifestyle changes as well. Allergies and physical conditions can render even the innocuous and apparently healthy activity dangerous.
Throughout your sessions, please keep in mind that this event is with Education in purpose and intent. We want you to understand how traditional health and wellness approaches can apply to your situation. We are enabling you to open up communications with some of the most knowledgeable people in the world about this ancient science, but there can still be rare health complexities that arise.
Your consultation may be recorded for Quality Assurance Purposes. Your booking of this consultation and connecting into at will be deemed to indicate your assent to this being recorded.
5.6 The Nature and Expected Results of a Holistic Therapy Consultation provided by the Wellness Expert (as an example, Ayurveda):
Ayurveda is an ancient system of health that focuses on the complete person which includes the body, mind, and spirit. Ayurveda defines wellness not as “the absence of disease”, but when all body tissues, organs, systems, and functions are acting together in a balanced way and are able to maintain health and wellness in spite of potential illness-causing influences. People are more vulnerable to disease when vital energies of the mind, body, and spirit are out of balance. Ayurveda believes that by balancing the various mind-body functions, the natural intelligence of the body will automatically bring itself to wellness over time.
Ayurveda recognizes that each person has a unique mind-body constitution. The Ayurvedic consultation process identifies the various components of an individual’s mind-body constitution, determines where any imbalances may exist, and provides education, guidance, and options for helping the individual to nourish, stimulate, and balance vital energy to bring about their own improvements in health and wellness. It is an individual’s correct implementation of the right Ayurvedic practices that bring about improved health and wellness. (See Medical Disclaimer)
5.7 Your Consultation:
The Wellness Expert works with you through a collaborative process to develop an understanding between you and the Wellness Expert regarding:
What the holistic therapy can and cannot do to contribute toward the achievement of your health and wellness objectives
What you, the Member, are willing and able to do to contribute toward the achievement of your health and wellness objectives
How to cooperate together to assist you in activating your plan to achieve your health and wellness objectives
All Wellness Expert Consultations (eg Ayurveda consultations) typically consists of three general steps:
Assessment – This includes a determination of your basic Ayurvedic constitution and your current condition and imbalances, a discussion of your concerns and reason for your visit, and jointly exploring your health history and past treatment results.
Findings – The Wellness Expert will analyze the assessment results and compile information to be reviewed with you to be used in a collaborative process to plan your health improvement program.
Recommendations – The Wellness Expert will offer recommendations based on your health concerns and goals, your current condition, and what the Wellness Expert thinks is best for you. This is tailored to your unique needs with the intention of assisting you to shift from your current state of imbalance toward your optimum balance. This may include information and instruction on diet and eating habits, lifestyle, yoga, exercise, meditation, breathing practices, and other health improvement practices, as appropriate. Then together, you and the Wellness Expert will establish a workable program you can implement to achieve your short-term and long-term health improvement goals.
6.1 This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
6.2 If a Member chooses to interact with any Wellness Expert in the Spirituality & Religion, or other entertainment-related fields, the Member relationship (as with all other Wellness Experts) is strictly with the Wellness Expert. Any opinion, response, advice, suggestion, prediction, information, and/or other service provided by any such Wellness Expert is provided for entertainment purposes only.
6.3 Member hereby releases and agrees to hold harmless Site Provider, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, prediction, information and/or service of any Wellness Expert in the Spirituality & Religion or other entertainment-related fields.
7.1 Site Provider does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, Wellness Expertise, claims or background of any Wellness Expert or any opinion, response, advice, prediction, recommendation, information, or other service provided by any Wellness Expert. Nothing contained in this Agreement, on the Wellness Platform, on any Site, on any third-party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty, or guarantee with respect to (a) any Wellness Expert; (b) the Wellness Platform; (c) any opinion, response, advice, prediction, recommendation, information or other service provided by any Wellness Expert or otherwise made available on the Wellness Platform; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Wellness Expert, including any biographical information, qualifications, or other information spoken by any Wellness Expert or contained in or made available on the Wellness Platform, any Site, any blog or any other forum.
7.2 MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND WELLNESS PLATFORM ARE PROVIDED "AS IS", AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST SITE PROVIDER, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE WELLNESS PLATFORM OR ANY Wellness Expert. THE USE OF A SITE AND THE WELLNESS PLATFORM IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
7.3 Site Provider expressly disclaims all representations and warranties related to information posted or transmitted by Wellness Experts. If a Member decides to rely on information provided by a Wellness Expert, the Member must exercise a high level of care. The Member shall not have any claim or demand against Site Provider, its affiliates, and/or any of the foregoing's officers, directors, shareholders, employees, sub-contractors, and/or agents with respect to any service or advice Member receives, uses, and/or relies on. Site Provider will not be deemed the provider of any Wellness Expert's Services or other information acquired through the Wellness Platform or the sites. The purchase of the Services of any Wellness Expert is entirely at the Member's sole risk.
7.4 Site Provider does not assume, and will not be liable for: (1) the accuracy or availability of any site or the Wellness Platform; or (2) any damages or injury arising from or related to any Site, the Wellness Platform and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Wellness Expert.
8.1 Site Provider will not be liable for enforcing any agreement that was made between a Wellness Expert and a Member, including a Member fee agreement. The Member will be solely responsible for any agreement made with a Wellness Expert.
8.2 In the event of a dispute regarding any Transaction conducted via the Wellness Platform or a Site, the Member hereby relieves Site Provider, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors, and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which Member may have against one or more of the above.
9.1 MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT SITE PROVIDER, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) SITE PROVIDER, ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO WELLNESS EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) SITE PROVIDER DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN Wellness Expert IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD SITE PROVIDER HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
9.2 In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Site Provider will be capped at $10. This section (limitation of liability) shall survive the termination or expiration of this Agreement.
10.1 By submitting the Member registration form, you, the Member, represent, warrant, and agree to the following:
10.2 You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.
10.3 The information furnished by you in the registration form is accurate, true, current, and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
10.4 You are solely and fully liable for all conduct, postings, and transmissions that are made under your user name and password.
10.5 You are solely responsible for verifying the Wellness Expert's identity, qualifications, credentials, biographic information, licenses held, and other information.
10.6 Site Provider is not involved in any transactions between you and any Wellness Expert.
10.7 Site Provider takes no responsibility for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Wellness Experts.
10.8 Site Provider does not control the quality, relevance, or accuracy of any advice provided by a Wellness Expert, and Site Provider does not determine whether any Wellness Expert is qualified to provide any specific advice, whether a Wellness Expert is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on the Wellness Platform or a Site or any transmissions through the foregoing by a Member or a Wellness Expert is accurate, correct, relevant or appropriate.
10.9 You hereby grant Site Provider an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver or receive via the Wellness Platform, a Site or otherwise from or to a Wellness Expert.
10.10 All interactions between you and a Wellness Expert will be billed through the Wellness Platform membership plan in effect that you choose, regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon in the Membership Plan with a Wellness Expert while using the Sites and to pay the Site Provider all fees for Services rendered to you by the Wellness Experts.
10.11 Member will not take any actions that may undermine, disrupt, or manipulate the integrity of the Member feedback (rating) system on any Site. Site Provider also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system.
10.12 Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any Site Provider servers, networks, or equipment connected to a Site.
10.13 Member will not transmit, upload, email, post, or otherwise make available through the Service or any Site: (A) any "junk mail", "spam", or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
10.14 Member will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Site Provider.
10.15 Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation, or ethical code.
10.16 Member will not transmit, upload, email, post, or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
10.17 Site Provider enables the transfer of files between Members and Wellness Experts. When opening such file attachments received from Wellness Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them.
10.18 Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency, or affiliation with any person or entity.
10.19 Member will not stalk, threaten, or harass any Wellness Expert or Member or infringe upon or attempt to infringe upon their privacy.
10.20 Site Provider may elect but is not required, to review the Member's personal profile and amend any typing or spelling errors. Site Provider does not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. Without derogating from the above or any other term of this Agreement, Site Provider may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Site Provider's Services, including reliance on its accuracy, reliability, or legality.
11.1 Member shall ensure that all PayPal or credit card and payment information presented by Member is accurate and correct and kept updated at all times and that Member is fully authorized to use such credit card and payment information for purposes of paying for Services made available via the Wellness Platform.
11.2 Member is solely responsible for paying all fees incurred for the use of the Wellness Platform, including each Transaction under the Member's account. See also User Name and Password. Member shall also be responsible to reimburse Site Provider for any expenses incurred by Site Provider to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Member's account disputed in violation of this Agreement.
11.3 A Member may make payments by charging the fees to the credit or debit card or the Paypal account on file. Each Member hereby expressly authorizes payments for all fees for each Transaction occurring under the Member's account. Additionally, Member may deposit amounts as reserved funds as part of the Member Account. Deposits may be made via a credit or debit card or Paypal account. Fees will then be deducted from the reserved funds as incurred, either as Services are rendered, or promptly after a session with a Wellness Expert ends. The reserve funds feature is offered by Site Provider to Members for their convenience and is free for active accounts. Site Provider reserves the right to charge an administrative fee of up to $ US 5.00 (the "Account Maintenance Fee") each month for inactive reserve funds (i.e., account reserve funds that have not been added to or used for Transactions) for three or more months, which amounts shall be deducted automatically from the reserve funds. Site Provider will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and a Wellness Expert within seven (7) working days from the execution date of each transaction. Due to credit card and debit card payment processes, there may be a delay in processing charges. Charges incurred over a several day period may be consolidated and charged as a single charge to the Member's credit card or debit card. As a result, it is recommended that Members keep track of their own usage.
11.4 Site Provider's billing system is not fault-free; therefore Site Provider shall not be liable for any problems, miscalculations, or malfunctions in processing the payments owed by the Member.
11.5 Members are solely responsible and liable for all uses of the Wellness Platform (including, but not limited to, the selection of Wellness Experts, communications with Wellness Experts and fee arrangements with Wellness Experts), and Members assume the risk that any communications with a Wellness Expert may or may not address a Member's questions or otherwise be satisfactory, relevant or acceptable to the Member.
11.1 When you, the Member, create and open an account with Site Provider, 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, and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify Site Provider of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Site Provider encourages Member to change their password at least once a month. Site Provider will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Site Provider will hold you liable and responsible for any losses incurred by Site Provider due to someone else's use of your account or password.
13. Insurance, Medicare, Workers Comp, Financial Responsibility & Claim Processing
13.1 Outside the Conventional Standard of Care: All of the recommended Wellness Expert Services fall “outside the conventional standard of care” and are not be approved/covered by health insurance carriers. As such, the Member accepts full responsibility for all associated costs and fees.
13.2 Insurance: Site Provider Does Not Accept Insurance and requires payment in full with credit cards--Site Provider cannot accept cash--at time of service booking or program registration.
13.3 Insurance, Medicare, and Workers Comp: The site Provider does not accept insurance, is not a Medicare or workers comp provider.
13.4 Financial Responsibility: Member accepts full responsibility for all associated costs and fees associated with Site Provider’s Services.
13.5 Payment Due when booking Services, and/or when purchasing any related Site Provider products, such as supplements.
13.6 Processing Insurance Claims: The site Provider does not accept or process insurance claims.
13.7 Current Contact: Member is responsible for keeping billing information current with the Site Provider. In addition, any changes to billing or contact information such as new/expired credit card, change in billing address, and/or phone numbers must be submitted to [email protected] immediately.
13.8 Collection Account Fees: If Member’s account is sent to a collection agency and/or attorney, they will be responsible for all Site Provider collection agency and attorney fees and costs.
13.9 Recurring billing or subscriptions for ongoing monthly Services will commence on the first day of Services and covers all meetings, attended, or not during that month. No refunds for missed meetings.
13.10 Cancellation by Member: must be provided in written/typed form to [email protected] on or before the 25th of the month to preclude being automatically billed the following month.
13.11 Reimbursements: any reimbursements due/granted to Member will be done so solely through credit card. The Site Provider does not accept or return cash or agree to pay for any additional laboratory testing fees or any additional service fees rendered through participation in the program.
13.12 Cancellation by Site Provider: Consistent with its ethical obligations, Site Provider may terminate its physician Member relationship at any time with written notice.
14.1 The Sites may contain links or other content related to web sites, products, and/or Services offered by third parties. Site Provider has no control over any such links, content, websites, products, or Services or any information provided or transmitted via such links, websites, products or Services, or otherwise provided by any such third party. The Member acknowledges and agrees that Site Provider is not responsible for the availability of such third party links, content, web sites, products, or Services and will not be responsible or liable for any content, advertising, products, or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that Site Provider will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Site Provider encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third-party sites.
15.1 Site Provider may include on the Sites advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Member may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
15.2 The Member acknowledges and agrees that the Site Provider is not liable or responsible for the content, products or Services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.
16.1 Site Provider reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that Site Provider shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Site Provider, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.
16.2 Site Provider's Services depend on various factors such as software, hardware and communications networks of Site Provider, its contractors and suppliers. Site Provider does not guarantee that Site Provider's service will be uninterrupted or that it will be timely, secure or error-free.
16.3 Site Provider, in its sole discretion and for any reason, may terminate Member's participation in the Services and refuse any and all current or future use by Member of the Sites.
The Sites contain copyrighted material, trade secrets and proprietary information owned by Site Provider or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any Services offered by Site Provider. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Site Provider or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.
The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Site Provider or its licensors, or take any other action that infringes upon or impairs Site Provider's trademark or other intellectual property rights.
Site Provider or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Site Provider or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.
Site Provider may disclose Member information including, but not limited to, personal information, transcripts, surveys, and recordings, if 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 requirement of any governmental authority, (ii) would potentially mitigate Site Provider's liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect Site Provider’s rights or property, or the rights or property of any person or entity, (iv) is necessary to enforce this Agreement (including, but not limited to ensuring payment of fees by Members), or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud).
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:
20.1 License to Site Provider. By sharing, submitting or uploading any User Content, you grant Site Provider a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
20.2 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in Section 21.1.
20.3 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant NourishDoc the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Site Provider’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
20.4 No Obligations Regarding User Content. Site Provider will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. Site Provider has the right to remove or edit any User Content for any reason or no reason at all.
21.1 Infringement Notification. Site Provider respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
21.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax or regular mail to Site Provider’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
DesignDolce LLC Copyright Agent
50 Woodside Plaza #612
Redwood City, CA 94061
and with the information that sets forth the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Site Provider. to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
Site Provider grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
Member shall defend, indemnify and hold Site Provider, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member's refusal to pay for Services provided by any Wellness Expert; (c) any content Member submits, posts or transmits through a Site and/or the Wellness Platform or otherwise provided by Member; (d) Member's use of any Site and/or the Wellness Platform; and (e) Member’s participation in the Refer-a-Friend program. This section shall survive the expiration or termination of this Agreement.
24.1 Site Provider may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Wellness Platform or Sites, by email to the email address that we have on record, by regular mail, or by posting on the Site and/or the Wellness Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to the Site Provider must be delivered via express delivery or regular mail to:
Design Dolce LLC
50 Woodside Plaza
Redwood City, CA 94061
25.1 You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of the Site Provider. Any purported assignment without the prior written approval of the Site Provider will be null and void and of no force or effect.
26.1 HIPAA Waiver for Digital Communication, Virtual Appointments, and Program Participation: Member consents to voluntarily communicate with Wellness 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.
26.2 Telemedicine and Remote Appointments: Remote appointments through video conference and/or phone meetings is a standard practice among Wellness Experts with an online and digital platform.
26.3 Digital Meetings: Being a mobile/virtual practice, Wellness Experts standard practice for consultations and programs include video conferencing. Videos will not be released to the public without Member written consent.
26.4 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 a Wellness 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.
26.5 Digital/Electronic Communication Agreement: The Member may be contacted by phone, voicemail, email, text, or other digital forms of communication by Wellness Expert to consult or get any other information.
26.1 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 the courts located in the County of San Mateo, California. This Agreement will be binding 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 Site Provider and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Site Provider with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States are not permitted to use or access the Wellness Platform or the Sites.
26.2 No amendment to this Agreement will be effective unless made 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.
You may report any violation of this Agreement to the Site Provider at:
Welcome to www.NourishDoc.com (the "Site") in its early beta release, the website that is a platform for online advice and professional consulting services by independent qualified holistic health experts. The Site is owned and/or operated by Design Dolce, LLC. ("Site Provider"). These terms and conditions (this “Agreement”) sets and contains the terms and conditions between you, a qualified expert in any discipline of Holistic Health, and governed by the applicable federal and state laws ("Expert") and the Site Provider. You, the Expert, acknowledge and agree that you are an independent professional and are neither employee nor agents nor contractor nor representatives of Site Provider, and Site Provider assumes no responsibility for any act or omission on your part. By clicking the "Sign Up Now" button to submit an Expert registration form, you are agreeing to be bound by this Agreement. You should, therefore, read this Agreement carefully. As an Expert, your services are available for Members who can:
book and purchase an appointment with you for online or offline consultation using the Site,
ask you holistic health-related information and education material for general use using the Site,,
purchase a wellness package or health package or any other product or service you have offered using the Site.
If, however, you do not agree to be bound by this Service Agreement, do not continue with the registration process to register as an Expert on the Site.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
The Site provides a platform where an Expert may present his or her expertise and sell advice or services to interested Site users ("Members"). The Site Provider makes no representation or warranty whatsoever as to success of an Expert on the Site for the number of clients or amount of business, or the willingness or ability of Members to pay for any advice given by any Expert (regardless of whether the Site Provider provides promotional support). As a platform where Experts can offer services, the Site Provider is not involved in any transactions between Experts and Members. The Site Provider does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, the Site Provider takes no responsibility for verifying the identity of any of its Members. Therefore, you are encouraged to verify the details and credit-worthiness of those Members to whom you give or contemplate giving advice.
The Site Provider may review any Expert’s personal, professional, or any other aspect of the profile and amend any typing or spelling errors. The Site Provider takes no responsibility for examining the truthfulness or accuracy of the details in an Expert’s personal profile, credentials, qualifications, certifications, licensing, or any Expert’s postings or transmissions. However, the Site Provider may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by an Expert. Without derogating from the above, the Site Provider may remove any content violating this Agreement. Each Expert bears all risks associated with the uploading and transmitting material utilizing the Site, including reliance on its accuracy, reliability, or legality.
The Site Provider reserves the right to modify or discontinue, temporarily or permanently, the services in the Site, with or without notice to you. You agree that the Site Provider shall not be liable to you or any third party for any modification or discontinuance to the Site's services, or for any losses or damages that may result to you or any Member you provide advice to, from such discontinuation or interruption of service.
The Site's services depend upon different factors such as software, hardware, and communications networks of the Site Provider, its contractors, and suppliers. Hence, the Site Provider cannot guarantee that the Site will not be interrupted, or that it will be timely, secure or error-free
The Site Provider, in its sole discretion and for any reason, may suspend (in whole or in part) and/or terminate your participation in and access to any and all functions of the Site.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS BEING PROVIDED FOR USE AS IS. THE USE OF THE SITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. THE SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS.
If you decide to provide your services through the use of the Site, you must exercise a reasonable standard of care, at least the same as a professional advisor would in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. You shall not have any plea, claim or demand against the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, and agents in respect of any services you provide in connection with the use of the Site. The Site Provider will not be deemed the provider or recipient of any services acquired through the Site. The sale or purchase of services is accordingly at your sole and entire risk.
Under no circumstances will the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, and agents be liable to any Expert for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantages), however, it arises, whether in an action of contract, negligence or other tortious action, or arising from the services or any provision of this agreement. The Site Provider, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the lesser of the total amount of money paid to the Site Provider by you through the Site in the six month period prior to the date the claim arose and $100. You acknowledge and agree that the Site Provider disclaims any liability with respect to any claim, suit or action brought by a Member in connection with the provision of any services by you (including, without limitation, representations by you as to your qualifications and advice) through the Site.
The Site Provider will not be liable for enforcing any agreement that was made between you and any Member, including any Expert Fee Agreement, and you will be solely responsible for any such agreement. You further acknowledge and agree that you will solely be responsible and liable for any damages to any Member to whom you provide services and where that Member suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through the Site, you hereby release the Site Provider and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney's fees, which you may have against one or more of the above.
Additional Expert Representations and Warranties.
By submitting the Expert registration form, you represent, warrant, and agree to the following:
At all times, you will provide a correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form on the Site and will maintain and update all such information at all times while you are an Expert to keep it true, accurate, current and complete. You will maintain such skills, qualifications, and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice and/or your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
You will not provide any medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, or other relationship. You will not provide any medical information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules, and regulations, including, without limitation rules of ethics and professional responsibility. Additional requirements for medical advisors are listed below.
You will not misrepresent yourself or create a misleading name or listing. The foregoing requirements are ongoing obligations for you to maintain and update on a regular basis.
If you are a physician, mental health professional, or any other medical advisor: the advice or information you provide to Members is for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Member by a medical professional. You will provide information and advice only about non-emergency matters. For emergency matters, you will instruct the Member to immediately call 911 or their local emergency assistance. In addition, you will not engage in the practice of medicine or enter into a physician/patient relationship with any Member through the Site. In addition, you agree that you:
Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member
Will not prescribe or dispense medicines;
Will recommend that Members seek the advice of a physician who can perform an in-person physical examination; and
Will advise Members that your advice is not a substitute for the advice of a physician after a physical examination and that your advice is for informational purposes only.
You will be solely and fully liable for all conduct, services, advice, postings, and transmissions that are made under your “User Name” and “Password”. You represent, warrant, and declare that while you are using the Site as an Expert, you will act according to the following rules:
You will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members;
You will not attempt to provide any service that you are not qualified to provide, even if requested to do so by a Member. You will not answer questions from the Public Board in fields that are not within your fields of expertise and you will not mislead Members to believe that you can provide a service outside your field(s) of expertise;
All interactions between Experts and Members will be billed through the Site regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with Members while utilizing the Site;
All contact between Experts, consumers, and any other users who are introduced through the Site platform must be conducted only through the Site platform. The exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the Site platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event the Site Provider suspects or determines any such unauthorized contact, the Site Provider reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion;
You will not take any actions which may undermine, disrupt, or manipulate the integrity of the Member feedback (rating) system on the Site. For text, audio, or voice online chat sessions, only ratings for completed sessions will count toward the Expert’s public ratings and rating average. The Site Provider also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system;
You will not use any device, software or routine to interfere with or disrupt the Site or servers or networks connected to the Site or disrupt any other person’s use of the Site;
You will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, whether by hacking, password "mining" or any other method of gaining access;
You will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
You will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
You will not disobey or breach this Agreement or any other applicable instructions conveyed by the Site Provider or its officers;
You will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
You will not upload, post, email, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity;
You will not stalk, threaten or harass Members or other Experts or invade or attempt to invade their privacy;
You will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
You will not disclose any information that was provided to you by a Member and will use your best efforts to guard Member's privacy;
You agree to comply with all applicable laws regarding use of this Site. You may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of the Site Provider or others;
You may not operate robots or spiders to scan the Site's database;
You may use "deep linking" only to your personal Web page within the Site but not to any other part thereof; and
You may not view the Site with a graphic user interface different from the one provided by the Site Provider.
The content you provide to us
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, Member Stories, Recipes, Therapy Ideas, Treatment Plans, Wellness Plans, Events, Webinars, Videos, Articles, and all type of expert-generated and member-generated content). You understand and agree that your User Content may be viewed by other users on the Site and that they may be able to see who has posted that User Content.
You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy
You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit, or monitor any User Content but we reserve the right to remove, screen, and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
If you wish to complain about User Content uploaded by other users please contact us at [email protected]
Site Provider will use reasonable efforts to process each Member’s PayPal account or credit card (or any other chosen payment method) for the amount agreed upon between the Member and Expert within fourteen (14) working days from the execution date of each transaction. The Site's monthly or annual subscription fee, “Subscription”, will be as follows:
The Site Subscription Fees are applied to a membership plan that the Expert has signed up for. Subscription Fees are fixed monthly fees or annual fees. Member fees occur when a Member makes a purchase of a Consultation, Wellness or Health Package, or any other product or service from the Site that is offered by an Expert.
A "Live Session" includes a session between an Expert and a Member via audio, video, or text online. If a Member decides to schedule an in-office or in-person session, the Member has to pay the fees directly to the Expert, and there are no fees associated with the Site Provider.
The administrative fees, if any, will be deducted from any Expert Fees or other payment that will be received by the Site Provider and credited to your account within fourteen (14) business days of receipt of such payment. Within thirty (30) days following the end of each month, the Site Provider will deliver payment to you as follows: the Expert Fees actually received by the Site Provider in the prior month less the applicable administrative fees, if any. You, the Expert are responsible for filing and reporting all applicable taxes. The Site Provider will send payment to your account that you entered during registration via PayPal or other third-party payment processors when made available on the site. You are solely responsible for reporting and paying any applicable tax or tariffs in connection with fees receivable or received due to your participation in the Site.
Notwithstanding any of the foregoing, you acknowledge that the Site Provider may withhold, in its discretion, amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member's credit card issuer, or if the Site Provider reasonably believes that fraudulent activity may have occurred in connection with payment until the Site Provider is able to verify that no such activity has occurred. If for any reason the Member has not paid the Expert Fee or has paid but has later charged back such payment, no Expert Fees will be paid to you for that transaction and if the payment has already been made to you, you are required to repay this amount immediately to the Site Provider, and the Site Provider has the right to deduct this amount from your account or from future payments. In the event payment has been made by the Site Provider but has not been processed by you, the Site Provider may cancel that form of payment.
The Site's billing system is not error-free, and the Site Provider shall not be liable for any problems, miscalculations or malfunctions in processing Expert Fees or other payments due to you. If you think that a mistake has occurred you must send your complaint to the Site’s service department within 30 days of discovery of such a mistake.
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 Expert or 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 Experts 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.
In order to use the Site, both Members and Experts must first complete the registration form. During registration, the Expert is requested to furnish contact information, such as name and email address. Expert 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.
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.
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 Member, confidential, personal and private unless both the Member 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. Currently, chat communications between the Expert’s computer (or other device) and the Site's servers are encrypted, but only if the Expert is using the most current version of the Site's software. E-mail and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
The Site has a Public Group and Forum Community available to its Experts and Members. The Public Group and Forum Community allow Members to post questions or request services that can be viewed by all Experts. Requests may be posted anonymously. A Member can designate the length of time they wish to have their question remain "in view" on the public board. All such postings are public until a Member enters into a personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other Site Members and are confidential between the Expert and Member. Certain e-mail and chat transcripts between Members and Experts are stored on the Site servers are available for review by Experts and Members for a certain amount of time, if the transcripts are of a paid session (email transcripts of non-paid sessions may also available to Expert). The Site denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
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).
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 Member in any means other than their Screen Name.
The Site Provider may, in its discretion, create co-branded Websites with its partners. In such a case, the Expert listings may appear in the co-branded site, but the Site Provider will not transfer any personally identifiable information about the Expert to the other Website without receiving the Expert’s prior consent. The co-branded sites are maintained on servers maintained and controlled by the Site Provider. The Site Provider may record the website from which a visitor has linked to the Site. If a visitor registers to become a Member and/or an Expert, the Site Provider may track the partner's name, in order to further the relationships the Site Provider has with its partners.
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.
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.
You may terminate your Agreement with the Site and the Site Provider at any time by sending a signed notice to the Site Provider via mail.
Monthly Subscription plans will be terminated at the end of the plan period, provided there are no outstanding Member consultations (single or part of a health or wellness package) that are pending beyond the termination period. You can cancel and refund the Member for such consultations beyond the termination date, or continue the membership until you have fulfilled the open consultations.
Annual subscription plans can be terminated only at the end of the Annual period, provided there are no outstanding Member consultations (single or part of a health or wellness package) that are pending beyond the termination period. You can cancel and refund the Member for such consultations beyond the termination date, or continue the membership until you have fulfilled the open consultations.
Any amounts due to Expert or amounts due to Site Provider will be settled within thirty days (30 days) after plan termination dates. The Site Provider shall use reasonable efforts to invalidate your user name and password within thirty (30) days of receiving such notice. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
The Site contains copyrighted material, trade secrets and proprietary information owned by the Site Provider, in particular the copyright, trademarks, database and patents, in the Site and in any software, application, graphics, text and other materials used therein, and the organization of the materials contained therein. The Site Provider grants you a nonexclusive, revocable right to use the Site provided that you do not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
This Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Site. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of the Site or the Site Provider. Furthermore, you may not sub-license, assign or transfer, sell, or make any other commercial use of your membership in the Site.
You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of the Site Provider or the Site, or take any other action which infringes or impairs the Site Provider’s trademark rights.
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:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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
a description of where the material that you claim is infringing is located on the site, including the URL;
Your address, telephone number, and email address;
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
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.
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
Redwood City, CA 94061
You agree to indemnify, defend and hold harmless the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, and agents against any and all losses, damages, suits, judgments, costs, and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Site Provider or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from (a) any breach of any representation, warranty, covenant or agreement to be performed by you according to this Agreement; (b) your provision of services to any third party, regardless of whether or not they are Members of the Site; or (c) any materials that you post to the Site and/or any content on your Website or otherwise provided to Members. You represent and warrant that you maintain and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to your provision of services, including, without limitation, professional liability insurance applicable to the legal and medical professions.
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.
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.
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 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. Such countries include, without limitation, Cuba, Iran, Libya, North Korea, Syria, and Sudan. In the event of any conflict between this Agreement and the Member 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.
You may report any violation of this Agreement to the NourishDoc team at [email protected]