TERMS OF SERVICE
(Effective Date: June 1, 2016)
By using our Site, programs, services, or products, in any way or for any reason, you implicitly agree to these Terms of Service, our full Disclaimer, and the Terms and Conditions of any paid program which you have purchased.
Website Use and Consent
Whether you use this Site as a casual visitor, guest, registered user, licensee, or as a member of our programs, you are agreeing to certain terms which are clearly outlined below. Please read these Terms of Service carefully. We reserve the right to change these Terms of Service on the Site from time to time, and by using the Site you are agreeing to the Terms of Service as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use the Site.
If you have purchased a specific program or subscription or otherwise entered into an agreement with us you will also be governed by the Terms and Conditions for that specific program or agreement, which shall prevail in the event of a conflict. Purchases of respective programs have additional terms and conditions relating each program as indicated.
We try to ensure that Site availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.
Although every effort is made to ensure the accuracy of published information on or through this Site, the Site may inadvertently contain technical inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in this Site, or in any of our programs, services, courses, classes, or materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible for the accuracy of our content.
This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the Site or in documents referenced by or linked to the Site.
This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By accessing or using this Site, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of our Terms of Service.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content, layout, design, data, databases and graphics on this Site are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.
If you purchase or access any materials through or on this Site, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
The trademarks and logos which are displayed on the Site or in any of our programs, services, courses, or classes are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any preview call titles, program titles, program material titles, or any other title or information of ours bearing the trademark (™) symbol may not be used by you for any reason without our express written permission.
In addition, our tagline “EMPOWERING WOMEN FACED WITH MYSTERY “DIS-EASE” TO REDISCOVER HEALTH AND VITALITY” may not be used at any time without our express written permission.
You may not use this site or the materials available on or through this Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
Information You are Prohibited from Sharing with Others. You, as a Licensee, understand and acknowledge that the information obtained on or through this Site have been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
When you enroll in or purchase any of our courses, classes, or information through this Site, you expressly agree that you will not steal our content. Duplication, sharing, or uploading any information obtained in our course files with others, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.
Specifically, you are prohibited from sharing with any other person the call in details for any of our paid programs, services, courses, or classes, any webinar call recordings, any transcripts, any website links to these and/or other materials, or any other information provided in any of our paid programs, services, courses or classes, unless otherwise stated below.
For each of our paid courses, we grant you the limited permission to share with others only the following specified portions of the following programs. Please note that by purchasing any of our paid courses, you implicitly agree to comply with the respective Terms and Conditions that relate to each purchased program.
Additionally, you may from time to time, download and/or print one copy of individual pages of the Site, including blog posts, for your personal, non-commercial use, provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Site page from which the information was obtained.
You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.
By downloading, printing, or otherwise using the material on the Site for personal use you in no way assume any ownership rights of that material.
Unless otherwise explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our services, programs, or products or obtained on or through the Site, including through an individual or group program, e-book, private Facebook or website forum, or class for commercial use, or for use in any way that earns you money.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older.
In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that include the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Obtaining Permission To Use Our Intellectual Property
Any request for permission of our content or images, or other use of information obtained from or through our products, services, or Site, or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on this website, or by sending an e-mail to carrie[at]avocadotozen[dot]com.
We take every precaution to protect our users’ information. When users submit sensitive information via the Site, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
As visitors to this Site and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Site, which is done at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY US AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
We try to ensure our Site is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our Site will be available.
To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our Site become unavailable or access to the Site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Site inaccessible to you.
We accept no liability for any of the views, facts, opinions, or references in this site or in any of our programs, services, courses, classes or materials whatsoever. You assume responsibility for using, or not using, any of the information on this Site, or in any of our programs, services, courses, classes or materials and you acknowledge that you are using it, or not using it, at your own risk. Information posted on this Site, or linked to a third party site, expresses a perspective and this perspective may or may not necessarily reflect our views or the views of any other person on the Site. Maintaining the material on our Site, or any failure to remove particular material from the Site, does not constitute endorsement or acceptance of that material in any way by us.
The content obtained on or through this Site is designed for non-medically trained individuals. We explicitly state that the information provided to you is not diagnosing or treating a health problem or disease, or prescribing medication or other treatment. We are not a doctor, medical health practitioner, psychologist, therapist, financial consultant, or spiritual counselor and make no claims in this regard. Nothing contained on this Site or in our programs, services, courses, classes, or materials is intended to be a substitute for the medical diagnosis or treatment that can be provided by your physician or another qualified health care professional. You always should seek the advice of your physician or another qualified health care provider regarding any specific medical condition. By using our Site, programs, services, or products, in any way or for any reason, you also implicitly agree to our full Disclaimer.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS OF SERVICE OR TERMS AND CONDITIONS FOR A PARTICULAR PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
INFORMATION ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. You acknowledge and agree that no representation has been made by the Company, Lara Adler, or our affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in our programs or services.
To the fullest extent permitted by law, we expressly exclude:
a. All conditions, warranties and other terms which might otherwise be implied by statute or common law;
b. Any obligation of effectiveness or accuracy; and
c. Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Site, including by your use or inability to use any information obtained on or through our Site, any websites linked to our Site, and any material posted on it by us or by others, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Throughout the Site, we may provide links and pointers to Internet sites which may take you outside of our owned or controlled Site to websites maintained by third parties. Links are provided for your convenience, and an inclusion of any link does not imply endorsement, sponsorship, or approval by us of the linked website, its operator or content.
In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. We have no control over the contents or functionality of those websites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this Site, and such website use will be subject to those linked websites’ relevant terms and conditions and privacy policies. It is your responsibility to review the terms and conditions and privacy policies of those websites to confirm that you understand and agree with those policies.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than our authorized representative while acting in his/her official capacity.
You must not use our Site in any way that causes or is likely to cause the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Site or to us.
You must use the Site for lawful purposes only. You must not use the Site for any of the following:
• For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam.
• To cause annoyance, inconvenience or needless anxiety
• To impersonate any third party or otherwise mislead as to the origin of your content
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.
If you make a purchase from a merchant on the Site or on a website linked to by the Site, the information obtained during your visit to that merchant’s online store or website, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.
A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
We reserve the right in our sole discretion to refuse or terminate your access to the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
If you have any questions, please contact us at carrie[at]avocadotozen[dot]com.