DISCLAIMER
Information on this website and in this course is provided for informational purposes only. This information is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. Do not use the information on this website and online courses for diagnosing or treating a health problem or disease, or prescribing medication or other treatment. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this website. Information provided on this website and online courses and the use of any products or services purchased from our website by you DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our website and online courses. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
TERMS OF USE
1. BINDING EFFECT. This is a binding agreement. BY USING THE INTERNET WEBSITES LOCATED AT RADIANTHEALTHSF.COM AND RADIANTHEALTHACADEMY.COM AND https://radianthealthacademy.thinkific.com/ (THE “WEBSITE”) OR ANY SERVICES PROVIDED (THE “SERVICE”) IN CONNECTION WITH THE WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE, AS THEY MAY BE AMENDED BY DR. KRISTY NATUROPATHIC CORPORATION (“COMPANY”) FROM TIME TO TIME IN THEIR SOLE DISCRETION. Please read them carefully. If you do not wish to be bound by these terms and conditions, you may not use the Website. Company will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Service and the Website. BY USING THE WEBSITE OR SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Terms of Use by this reference.
3. USE OF SOFTWARE. Company may make certain software available to you from the Website, with or without a password assigned to you. If a password is assigned to you, you agree to keep it confidential and may not share it with any third parties to allow them access to the Website. If you download software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software,and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company and/or its licensors and you may not copy or use them in any manner. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USER CONTENT. You grant Company a license to use the materials you post to the Website or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content by all means and media known or to be hereafter developed. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Website or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You may link to this Website provided no notices, including copyright, trademark or other marks are not changed, eliminated obscured or removed, and must desist from linking if requested by the owner of the Website.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of Company or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or Company or third party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds, or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. By signing onto this Website, you agree not to sell, copy, or modify its content in any way for commercial use. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Radiant Health Academy
2400 Las Gallinas Ave. Suite 140. San Rafael. CA. 94903.
8. ALLEGED VIOLATIONS. If you violate the terms and condition of this Policy, Company reserves the right to terminate your use of the Service and/or the Website. To ensure that Company provides a high quality experience for you and for other users of the Website and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Website or the Service by others.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY ASSUMES NO LIABILITY FOR VIRUSES, TROJAN HORSES, OR WORMS, OR OTHER ENCODING THAT MAY ATTACK THE WEBSITE FROM TIME TO TIME AND BE TRANSMITTED TO OTHERS BY THEIR USE OF THE WEBSITE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED WEBSITES. Company has no control over and no liability for any third party Websites or materials. Company works with a number of partners and affiliates whose Internet Websites may be linked with the Website. Because neither Company nor the Website has control over the content and performance of these partner and affiliate Websites, Company makes no guarantees about the accuracy, currency, content, reliability, completeness, or quality of the information provided by such Websites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Websites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, Websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website or Service; (g) using the content of the Website for anything other than private, personal or noncommercial purposes without retaining all copyright and other notices contained in the original content; or (h) mining personal data of other users of the Website or spamming other users. Any violation of system or network security may subject you to civil and/or criminal liability.
13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. NO DOCTOR/PATIENT RELATIONSHIP. NO DOCTOR/PATIENT RELATIONSHIP IS CREATED BY USE OF THIS WEBSITE OR PURCHASE OF ITS PRODUCTS. PRODUCTS PURCHASED MUST BE USED AS INTENDED AND WITH ALL INSTRUCTIONS CONTAINED THEREIN. NO WARRANTY IS IMPLIED AS TO FITNESS OF PURPOSE OF ANY SUPPLEMENTS, MEDICATIONS OR OTHER PRODUCTS PRUCHASED ON THIS WEBSITE.
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, the website) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use.
15. COPYRIGHT. All contents of Website or Service are: Copyrighted © 2014. All rights reserved.
16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California, in all disputes arising out of or related to the use of the Website or Service.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. LICENSE. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party. You are granted a non-exclusive, nontransferable, revocable license to use the Website for personal purposes only, except as expressly prohibited on this Website, provided that you leave the content unaltered,.
19. CALIFORNIA USE ONLY. The Website is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
20. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website and/or the Service; and (c) discontinue the Website and/or Service at any time. Company shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
21. ENTIRE AGREEMENT: This Terms of Use and the other writings referred to herein constitute the entire agreement of the Parties pertaining to the subject matter contained in it, including any licensing agreements incorporated herein, and supersedes all prior or contemporaneous agreements, representations and understandings of the Parties. No supplement, modification, or amendment of this Terms of Use shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Terms of Use shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. In the event of any conflict between any licensing agreement referenced herein, and this "Terms of Use" agreement, the licensing agreement shall prevail.
22. ACKNOWLEDGEMENT: BY USING THE SERVICE OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.