AGREEMENT
Welcome to www.naturalhealthadvisory.com (the “Website”) operated by Natural Health Advisory Institute, LLC, a Texas company (hereinafter, “NHAI”, “us”, “our” or “we”). The Website offers visitors (“you” or “your”) access to natural health related information. This agreement (the “Agreement”) sets forth the terms and conditions which govern your use of the Website.
Please read the Agreement carefully. By accessing the Website, you acknowledge that you have read, understood and agree to be bound by the terms and conditions set forth in the Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use the Website.
THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
All information presented in the Website is for informational purposes only and is not meant to diagnose, treat, cure or prevent any disease. You should take no action solely on the basis of the Website’s contents. You are advised to consult your own physician or appropriate health professional on any matter relating to your health and well-being. While the information found on the Website is believed to be sensible and accurate based on the author’s best judgment, readers who fail to seek counsel from appropriate health professionals assume the risk of any potential ill effects. The FDA has not evaluated the statements made on the Website.
THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT APPEARING ON THE WEBSITE (WHICH INCLUDES ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, PROGRAMS, ARTICLES, REVIEWS, STORIES, USER POSTINGS, MESSAGES, AND OTHER CONTENT CONTAINED ON THE WEBSITE) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE (1) MEDICAL ADVICE OR COUNSELING, (2) THE PRACTICE OF MEDICINE, (3) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (4) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY NHAI. YOU ACKNOWLEDGE THAT EVERY INDIVIDUAL REACTS UNIQUELY TO VARIOUS MEDICAL INTERVENTIONS. THEREFORE YOU AGREE THAT CONTENT ON THE WEBSITE SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN, AND THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE USING SUCH CONTENT. DO NOT PUT OFF GETTING MEDICAL ADVICE OR IGNORE MEDICAL ADVICE THAT YOU HAVE BEEN GIVEN, BECAUSE OF ANY CONTENT. NHAI DOES NOT GUARANTEE THE EFFICACY, COMPLETENESS, OR SAFETY OF ANY SPECIFIC TREATMENT OR APPROACH DISCUSSED IN ANY OF ITS CONTENT. ANY ACTION YOU MAY TAKE AS A RESULT OF ANY CONTENT IS TAKEN AT YOUR OWN RISK AND NHAI DISCLAIMS ANY LIABILITY ARISING OUT OF SUCH ACTION. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY AND ARE WITHIN THE UNITED STATES, CALL YOUR DOCTOR OR CALL 911 IMMEDIATELY.
Find an Integrative Physician
As a public service, NHAI provides a list of integrative physicians who have been recommended by one or more readers of these pages. We are interested in helping patients find qualified healthcare professionals who utilize natural healing approaches when appropriate and who support their patients who prefer a treatment process that integrates conventional medicine and complementary/natural healing to achieve the best overall results with the fewest side effects.
Disclaimer: Readers of these pages must realize that selecting a practitioner from this database does not substitute for a thorough investigation of your chosen physician or practitioner’s professional degree and training, clinical experience, scope of practice, malpractice coverage, and other similar evaluation criteria. NHAI does not investigate the education or credentials of the medical professionals who are listed in these pages. NHAI does not monitor or review every posting or communication and disclaims any liability related to the content of any such postings and communications. NHAI does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online by one of our readers, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of NHAI. The user of this information should realize that reader provided comments are statements of opinion and are not necessarily statements of fact in reference to any specific Physician or Practitioner.
If you are submitting the name of a suggested integrative physician or practitioner or giving an evaluation or rating you hereby agree and warrant that the submitted material: (1) is not offensive, obscene, or otherwise contrary to the laws of any place where such information may be accessed; (2) is the original work of Your authorship and, (3) is true and accurate and does not constitute libel, slander, invasion of privacy, defamation, or any violation of law. NHAI retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. If notified of an allegation that NHAI contains reader comments that are infringing, defamatory, damaging, illegal or offensive, NHAI may investigate the allegation and determine in our sole discretion whether to remove such offending content. Notices to NHAI regarding any alleged offending content should be sent to customer_care@naturalhealthadvisory.com.
In order to access the Website’s database of integrative physicians and practitioners, you must warrant that you have read, understood, and that you accept the terms and conditions so stated.
DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NHAI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. NHAI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. NHAI SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NHAI DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. NHAI DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. NHAI DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. NHAI MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY NHAI.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL NHAI ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE FOR USE OR MISUSE OF OR RELIANCE ON THE WEBSITE IN ANY WAY BY AN USER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NHAI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL NHAI OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
INDEMNITY AND RELEASE
By using the Website you agree to indemnify NHAI and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Website, or your submission of ideas and/or related materials to the Website or from any person’s use of any account or password you maintain with any portion of the Website, regardless of whether such use is authorized by you. By using the Website, or submitting any ideas and/or related materials to NHAI, you are hereby agreeing to release NHAI and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Website or to any disputes regarding use of ideas and/or related materials submitted to NHAI. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Access to the Website
You acknowledge and agree that we may terminate your access to the Website or to any of its Products and Services should you fail to comply with the Website Terms of Use stated herein. Any such termination shall be at our sole discretion and may occur without prior notice, or any notice. We further reserves the right to terminate any user’s access to the website or its products or services for any conduct that we, in our sole discretion, believe is or may be directly or indirectly harmful to other users, to NHAI or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. We further reserves the right to terminate any user’s access to Website for any reason deemed important by NHAI, at our sole discretion, without prior notice, or any notice.
FAIR USE
The Website publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. The Website transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism. As such, it is our intent to promote such original content and to deliver readers to such content. Accordingly, when the Website cites a copyrighted work for commentary or criticism, we acknowledge the original source by placing either a reference citation or a clickable link that offers users the opportunity to click directly to the original source of such information. The original publisher benefits from such referencing or linking in terms of increased audience, attention and potential advertising revenues.
INTELLECTUAL PROPERTY INFRINGEMENT
It is the policy of the NHAI to respond expeditiously to claims of intellectual property infringement. For the terms and conditions affecting copyright issues, please see our Copyright Notice policy. You acknowledge and agree that certain content available through and used to operate the Website may be protected by trademark, patent, or other proprietary rights of NHAI and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by NHAI in connection with the Website. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by NHAI, any of its affiliates, or any of its service providers. You agree not to defame or disparage NHAI, the trademarks or service marks of NHAI, or any aspect of the Website.
User Postings
You acknowledge that NHAI may or may not pre-screen content posted by users to our Website (“User Postings”), but that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any User Postings. Without limiting the foregoing, we shall have the right to remove any User Postings that violate these Website Terms of Use or is, in our sole direction, otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Postings, including any reliance on the accuracy, completeness, or usefulness of such User Postings. With respect to User Postings you yourself submit or make available for inclusion on the Website, you grant NHAI a worldwide, perpetual, irrevocable, fully sub licensable, royalty-free and non-exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Postings (in whole or in part), and on the Website, and to incorporate such User Postings into other works in any format or medium now known or later developed.
As a user of the Website, you are responsible for your own communications and are responsible for any consequences resulting from these communications. Therefore, do not: transmit to us or post to the Website material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; send material that reveals trade secrets, unless you own them or have the permission of the owner; transmit to us or post to the Website material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; transmit to us or post to the Website material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; transmit to us or post to the Website advertisements or solicitations of business; transmit to us or post to the Website chain letters or pyramid schemes; or impersonate another person. NHAI reserves the right to expel users and prevent their further access to this Website for violating these terms or the law.
You understand and agree that NHAI may collect and utilize any personal information which you voluntarily provide, and may combine the personal information collected from you with information from others to provide a better user experience. You further understand and agree that NHAI may summarize and/or reprint any information or comments which you voluntarily post on the website as a part of newsletters and other publications.
EXTERNAL LINKS
The Website may provide, or third parties may provide, links to other sites or resources located on the internet by allowing a user to leave the Website to access third-party material. NHAI has no control over such sites and resources. You acknowledge and agree that NHAI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NHAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NHAI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
COMMUNICATIONS WITH USERS
You consent to receive communications from NHAI concerning your use of the Website. These communications include those that NHAI is required to send to you by law concerning the Website as well as those that NHAI sends to you for other reasons. You consent to receive these communications electronically. NHAI may provide these communications to you by sending an email to the email address you provided. You also consent to receive such communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which NHAI sends such communications by notifying NHAI accordingly.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with NHAI, or in any way relating to your use of the Website, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving NHAI or its affiliates, subsidiaries, employees, writers, contractors, officers, directors, and content providers.
These Website Terms of Use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Website Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Website Terms of Use, which shall remain in full force and effect. No waiver of any of these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
ARBITRATION
Any controversy or claim arising out of or relating to these Website Terms of Use or any user’s use of the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
CHANGES IN WEBSITE AND CHANGES IN WEBSITE TERMS OF USE
NHAI reserves the right to modify the Website from time to time, for any reason, and without notice, including the right to terminate the Website. NHAI reserves the right to modify these Website Terms of Use from time to time, without notice, and you agree that all such modifications shall be effective and binding upon you whenever you access the Website. Please review these Website Terms of Use from time to time so you will be apprised of any changes.
SUBMISSIONS OF IDEAS
NHAI is always interested in improving the Website and developing new features. If you have ideas regarding improvements or additions, we would like to hear them — but any submission will be subject to these Website Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO NHAI BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO NHAI, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO NHAI THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT NHAI IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY NHAI, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
COMPLETE AGREEMENT.
Except as expressly provided in a particular “legal notice” on the Website, these Website Terms of Use, the Website Privacy Policy, and the Website Copyright Notice constitute the entire agreement between you and NHAI with respect to the use of the Website and its contents.
Thank you for your cooperation. We hope you find the www.naturalhealthadvisory.com site helpful and informative to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to customer_care@naturalhealthadvisory.com.
Effective: February, 2012
Copyright (c) 2012 Natural Health Advisory Institute, LLC. All Rights Reserved.
