Terms and Conditions
BY CHECKING THE ACCEPTANCE BOX OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, USER expressly agrees and consents to BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, USER MUST NOT CHECK THE BOX INDICATING ACCEPTANCE, PROVIDER WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
1. Service Terms and Limitations
a. Description. In addition to conventional services, many of the modalities used by Provider are not considered proven by conventional medical authorities. Such modalities are commonly referred to as complementary or alternative medicine, or functional, holistic or integrative care. Although many of these modalities have historically been practiced in other cultures, other modalities are emerging, innovative and/or experimental techniques. User understands that if User chooses to participate in any modality offered, suggested, or advised by Provider, User will discuss the status, risks and benefits of such modality with Provider and a qualified health care provider. User may obtain the Service through User’s account on the Web Sites for the time User is subscribed and has paid any applicable fee for the Service. User’s right to access the Service will terminate upon cancelation or non-payment. The Service is proprietary to Provider and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Service is licensed and not sold. Provider agrees to provide User with a personal, non-transferable, non-sublicensable and non-exclusive account, which enables User to access and use the Service.
b. Disclaimer. The Web Sites and the Service are for educational use only. Nothing contained in the Web Sites or the Service is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The Service provided on the Web Sites or by offline consultations is here to educate User on health care and medical issues that may affect User’s daily life. The Web Sites and the Service do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Provider’s fees for the Service are the same as the fees that Provider charges for Provider’s telephone consultations and office visits. Please note that medical insurance does not cover the Service. User will be responsible for paying for all the Service. Provider does not refund any amounts paid for the Service. Always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. User should never disregard, avoid or delay in obtaining medical advice from User’s doctor or other qualified health care provider because of something User has read on this site or advice provided by Provider. If User has or suspects that User has a medical problem or condition, User should contact a qualified health care professional immediately. If User is in the United States and is experiencing a medical emergency, User should dial 911 or call for emergency medical help on the nearest telephone. Provider is not responsible for any misuses User may make of the Web Sites or advice obtained from Provider. Nothing stated or posted on the Web Sites or available through the Service is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this Agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
c. Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Provider may undertake from time to time; (iii) Internet accessibility; or (iv) causes beyond the control of Provider or which are not reasonably foreseeable by Provider, and that Provider shall have no liability arising from or related to such inaccessibility or inoperability.
d. Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for User’s use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.
f. System. The software, including all files, images, and video contained in or available through the Web Sites and provided as part of the Service, and accompanying data (together, the “System”) is deemed to be licensed to User by Provider solely for User’s personal use. Neither title nor intellectual property rights are transferred to User, but remain with Provider, who owns full and complete title. User shall not resell or grant access to anyone else to the Service for which User has subscribed and User shall not decompile, reverse engineer, disassemble, or otherwise convert the System to a human perceivable form.
2. Intellectual Property
a. Copyright and Other Proprietary Rights. Provider owns and retains the copyrights and other proprietary rights in the Service, System and in its name, except for public domain material and such data, electronic mail, and material on Internet message boards as provided specifically by User, if any. All copyrightable material displayed on, or downloaded from, Provider’s Web Sites is copyrighted, and may not be copied, performed, duplicated, displayed, distributed, published, redistributed, transmitted or retransmitted or have derivative works made therefore without permission of the copyright owner, except for User’s display of the material solely for User’s personal use. No User may remove, alter or cover any copyright or other proprietary notices placed on Provider’s Web Sites.
b. Intellectual Property Rights of Third Parties. Users posting material on or through the Service or obtaining material from sources other than Provider on or through the Service, shall not do so in any manner that infringes the copyrights or other intellectual property rights of third parties. Provider has the right to terminate User’s access to the Service, in whole or part, and to terminate this Agreement if, in the opinion of Provider, User becomes a repeat or flagrant abuser of third parties’ copyrights or other intellectual property rights. Furthermore, if Provider is subject to liability or incurs costs in defending any allegation of liability resulting from User’s postings, User shall indemnify and make Provider whole, including paying reasonable attorney’s fees.
While Provider has made commercially reasonable efforts to make the Service secure, User shall be solely responsible for any authorized or unauthorized access to User’s account by any person. User agrees to bear all responsibility for the confidentiality of User’s password and User name. Provider shall have no liability arising from or relating to any breach of the security of the Web Sites, Service or System, regardless of the cause, means or fault.
4. User Representations
User represents and warrants to Provider that: (a) User is over the age of eighteen and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) all information provided by User to Provider is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement; and (d) User shall comply with all applicable laws and regulations with respect to the use of the Service.
5. Prohibited Uses
User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person, fraudulent use or any other misuse of the Service.
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. Provider reserves the right, in its sole discretion and without notice, at any time the Provider believes the User to be in breach or violation of any of the terms of this Agreement, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User’s access to or use of all or any portion of the Service; and (c) terminate this Agreement. Provider may terminate or discontinue the Service and the Web Sites at any time in Provider’s sole discretion.
7. Disclaimer of Warranties
THE SERVICE AND SYSTEM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE AND SYSTEM ARE AT USER’S SOLE RISK. PROVIDER DOES NOT WARRANT THAT THE SERVICE OR SYSTEM WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, NOR DOES PROVIDER MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE OR SYSTEM. PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE OR SYSTEM.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, COMPUTER VIRUSES OR OTHER SIMILAR MALWARE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY FOR DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO PROVIDER HEREUNDER FOR THE SERVICE GIVING RISE TO THE CLAIM FOR DAMAGES. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE.
User agrees to indemnify, hold harmless and defend Provider, its members, managers, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) User’s use of the Service, Web Sites or System, including any data or work transmitted or received by User or stored as part of the Service; and (c) any unacceptable use of the Service.
a. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.
b. Amendment. Provider shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. In the event of Provider amending this Agreement, User shall be notified when accessing the Service upon the amendment being made effective. Notification shall be in the form of the acceptance check box with access to the amended Agreement re-appearing or such other method as provides User with effective notice. Acceptance by User shall constitute delivery to and acceptance by Company of the amended version of this Agreement.
c. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing in accordance with article 10.e by the party making the waiver.
d. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
e. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by e-mail to either parties’ last known post office, or e-mail address, respectively. User hereby consents to notice by email.
f. Law. This Agreement is made in and shall be governed by and construed and performed in all respects in accordance with the Laws of South Carolina, USA and the parties submit to the exclusive jurisdiction of any federal, national or state court located in Greenville, South Carolina, USA.
g. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
h. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
i. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
Healthy Design Functional Medicine, Inc. (“Company”) takes its web site users’ (“User”) on-line security and privacy seriously, so the Company makes reasonable efforts as described below to ensure its Users’ confidence and protect their on-line security and privacy.
1. Types of Information Collected.
a. Traffic Data Collected. The Company may automatically track and collect the following information when the User visits the Company’s web sites (“Web Sites”), including the User’s: (i) IP address; (ii) domain server; (iii) type of computer; (iv) type of web browser; (v) pages visited and duration; and (vi) search terms used to access the Web Sites (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify the User but is helpful in the Company’s efforts to improve the User’s experience on the Web Site. The Company may also use “cookies,” which are small data files that may be stored on the User’s computer by the Web Site, and clear gifs, which are tiny graphics that are similar in function to cookies.
b. Personal Information Collected. In order for the User to access and utilize certain services that the Company offers via the Web Sites, the Company requires the User to provide information that personally identifies the User (“Personal Information”). Personal Information may include name, mailing and e-mail addresses, phone numbers, medical history and other data about the User and the User’s health. If the User communicates with the Company by e-mail or completes online registration forms, surveys or other forms, any information provided in such communication may be collected as Personal Information.
c. Anonymized Data. The Company may build databases that include information about User’s health extracted from the Personal Information, but without data identifying User or otherwise associating User to such medical data (“Anonymized Data”). Anonymized Data shall not be deemed Personal Information. Company shall be deemed the owner of all Anonymized Data and free to use the Anonymized Data in any manner the Company selects.
2. Uses of Personal Information Collected.
By providing Personal Information on or through the Web Sites, the User is authorizing the Company to use that Personal Information. The Company uses Personal Information (i) to respond to requests and inquiries, (ii) to send the User information about the Company, including its affiliates, its products or services, and (iii) to otherwise contact the User. The Company may disclose your Personal Information to certain third parties that we have engaged to assist us in fulfilling your request, providing the Web Site and the services through the Web Site, and in maintaining our records. This may include, but is not limited to, third party service partners, transaction managers, credit card processing services, credit verification services, survey managers, and data management companies. We may also provide your Personal Information to third parties so that they may contact you regarding their products and services. The Company may disclose your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Web Site users is among the assets transferred. The Company may share information with appropriate third parties, including law enforcement or other similar entities, in connection with a criminal investigation, investigation of fraud, infringement of intellectual property rights, or other activity that is suspected to be illegal. Except as described above, the Company does not sell, trade, or otherwise transfer to outside parties Personal Information unless the User provides consent in advance, where such consent must be in writing, which includes by email.
3. User Choice Regarding Collection, Use and Distribution of Traffic Data and Personal Information.
The User may choose not to provide the Company with any Personal Information. In such an event, the User can still access some of the Web Sites; however, the User will not be able to access and use those portions of the Web Sites that require the User’s Personal Information and the Company may not be able to respond to certain inquiries of the User.
4. Removing or Changing Personal Information.
User may have any Personal Information submitted to Company through the Web Sites removed or modified by sending the Company notice of such request by sending a written request to the following address:
Healthy Design Functional Medicine, Inc.
275 West Road, Unit 2
Campobello, SC 29322
User’s request must provide the User’s name and the information to be deleted or the modifications to be made. User must include either a telephone number of an email address for the Company’s use in the event of any questions on the instructions provided by User. Notwithstanding the foregoing, the Company may retain Personal Information to the extent required to comply with applicable regulations or other applicable law.
5. Links, Downloads and User Privacy.
The Web Sites may contain links to other web sites or forms for download and use. The Company is not responsible for the privacy practices or the content of web sites served by the links and in providing the link the Company does not imply any endorsement, recommendation or approval of such sites. Furthermore, the Company is not responsible for the privacy practices of any third party to which User submits any forms containing User’s information. The User accessing any such site or using any forms does so entirely at the User’s own risk.
6. Children’s Privacy.
Company’s Web Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to the Web Site. Company does not knowingly collect personal information from children under 13. If you are under 13, do not register on the Web Site, make any purchases through the Web Site, use any of the interactive or public comment features of this Web Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
7. General Internet Security Issues.
The Internet is not a secure environment for the transmission of data. User is aware of the general security and on-line privacy risks pertaining to the Internet and that the Company is not in any way responsible for and has no control over the Internet generally.
8. Consent to Transfer Information to the United States.
The Web Site is operated in the United States and intended for users located in the United States. If the User is located in the European Union, Canada or elsewhere outside of the United States, please be aware that information the Company collects will be transferred to and processed in the United States. By using the Web Site or providing the Company with any information, the User consents to this transfer and processing of his or her information in the United States.
9. Business Transition
In the event the Company experiences a business transition, such as a merger, acquisition by another company, sale of all or a portion of its assets, or bankruptcy, the User’s Personal Information will likely be among the assets transferred. The User’s submission of his or her Personal Information is deemed agreement to this potential future transfer.
11. California Privacy Rights
California Civil Code Section § 1798.83 permits Users of the Web Sites that are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Effective Date: September 26, 2017