TERMS OF USE AGREEMENT
Effective since 1/1/2014
Last updated 11/17/22
This Terms of Use Agreement (this “Agreement”) is entered into by and between Dr.
Christina Caselli, ND and North Star Naturopathic Medicine (the “Author”) and “you,”
the user of this web blog, website and online programs, also known as
“northstarmedicine.com” and corresponding Kajabi website and WordPress website
(the “Sites”). Access to, use of and/or browsing of the Sites is provided subject to the
terms and conditions set forth herein. By accessing, using and/or browsing the
Sites, you hereby agree to these terms and conditions.
This agreement contains warranty disclaimers and other provisions that limit the
author’s liability to you. Please read these terms and conditions carefully and in their
entirety, as using, accessing and/or browsing the site constitutes acceptance of
these terms and conditions. If you do not agree to be bound to each and every term
and condition set forth herein, please exit the site immediately and do not use,
access and/or browse the site.
By entering the site, you acknowledge and agree that you have read and
understand these terms and conditions, that the provisions, disclosures and
disclaimers set forth herein are fair and reasonable, and that your agreement to
follow and be bound by these terms and conditions is voluntary and is not the result
of fraud, duress or undue influence exercised upon you by any person or entity.
MEDICAL ADVICE DISCLAIMER
The Author provides the Sites and the services, information, content and/or data
(collectively, “Information”) contained therein for informational purposes only. The
Author does not provide any medical advice on the Sites, and the Information
should not be so construed or used. Using, accessing and/or browsing the Sites
and/or providing personal or medical information to the Author does not create a
physician-patient relationship between you and the Author. Nothing contained in the
Sites is intended to create a physician-patient relationship, to replace the services of
a licensed, trained physician or health professional or to be a substitute for medical
advice of a physician or trained health professional licensed in your state. You
should not rely on anything contained in the Sites, and you should consult a
physician licensed in your state in all matters relating to your health. You hereby
agree that you shall not make any health or medical related decision based in whole
or in part on anything contained in the Sites.
FINANCIAL, LEGAL, AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in the Sites shall constitute
financial, investment, legal and/or other professional advice and that no
professional relationship of any kind is created between you and the Author. You
hereby agree that you shall not make any financial, investment, legal and/or other
decision based in whole or in part on anything contained in the Sites.
INFORMATION DISCLAIMER
Any opinions of the Author on the Sites are or have been rendered based on specific
facts, under certain conditions, and subject to certain assumptions, and may not and
should not be used or relied upon for any other purpose, including, but not limited
to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be
complete, correct, timely, current or up-to-date. Similar to any printed materials, the
Information may become out-of-date. The Author undertakes no obligation to
update any Information on the Sites; provided, however, that the Author may update
the Information at any time without notice in the Author’s sole and absolute
discretion. The Author reserves the right to make alterations or deletions to the
Information at any time without notice.
THIRD PARTY LINKS AND ADVERTISERS DISCLAIMER
The Sites may, from time to time, contain links to third party web sites. These links
are provided solely as a convenience to you and not as a guarantee, warranty, or
recommendation by the Author of the services, information, content and/or data on
such third-party web sites or as an indication of any affiliation, sponsorship or
endorsement of such third-party web sites. The Author is not responsible for the
content of linked third party web sites and does not make any representations or
warranties regarding the privacy practices of, or the content or accuracy of materials
on, such third-party websites. If you decide to access linked third-party web sites,
you do so at your own risk. Your use of third-party websites is subject to the terms
of use for such sites.
The inclusion of third-party advertisements does not constitute an endorsement,
guarantee, warranty, or recommendation of, and the author makes no
representations and/or warranties about, any product or service contained therein.
3. any errors, omissions, or inaccuracies in the Information regardless of how caused,
or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
The use of the Sites Content is solely at your own risk.
Information on the Sites is provided for informational purposes only and is not meant
to substitute for the advice provided by your own physician or other medical
professional. It is provided for informational purposes only. The Sites Content does
not provide individualized dosage information, format recommendations, toxicity
levels, or possible interactions with prescription drugs or other items. You should not
use the information contained herein for diagnosing or treating a health problem or
disease, or prescribing any medication.
You should read carefully all information and consult with your primary care
physician before adding, modifying, or making any other changes to your medical
protocol including but not limited to medications, natural remedies, diet, and
exercise, or any other change not listed.
All content related to the Sites and all related social media channels was created by
the Author for educational purposes only. These are the opinions of the Author and
should not be taken as the “definitive opinion” or “absolute medical opinion” on any
subject. The videos are not a substitute for medical, psychological, counseling or
any other sort of professional care. Consumption of these materials is for your own
education and any medical, psychological, or professional care decisions should be
made between you and your primary care doctor or another provider that you are
engaged with.
We urge you to consult your qualified and licensed healthcare professional such as
a Medical Doctor, Doctor of Osteopathy, Naturopathic Physician or Psychiatrist when
using any of the Author’s content. If you have or suspect that you have a medical
problem, promptly contact your health care provider. Do not disregard, avoid or
delay obtaining medical or health-related advice from your health care professional
because of the Author’s Content.
DISCLOSURES
The Author may receive financial payment from affiliate links, as indicated.
DISCLAIMER OF ALL WARRANTIES
The Information made available at the Sites is provided on an “AS IS” and “AS
AVAILABLE” basis without warranties of any kind, either express or implied,
including, without limitation, warranties of title, noninfringement, and implied
warranties of merchantability or fitness for a particular purpose. Without limiting the
generality of the foregoing, the Author makes no warranty, representation or
guaranty as to the content, sequence, accuracy, timeliness or completeness of the
Information, that the Information may be relied upon for any reason or that the
Information will be uninterrupted or error free or that any defects can or will be
corrected.
Without limiting the generality of the foregoing, the Author makes no
representations or warranties with respect to any Information offered or provided
within or through the Site regarding treatment of medical conditions, action, or
application of medication.
Under no circumstances, as a result of your use of the Sites, will the Author be liable
to you or to any other person for any direct, indirect, special, incidental, exemplary,
consequential or other damages under any legal theory, including, without
limitation, tort, contract, strict liability or otherwise, even if advised of the possibility
of such damages. Without limiting the generality of the foregoing, the Author shall
have absolutely no liability in connection with the Sites for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of
performance, delays in operation or transmission, nondelivery of information,
deletions of files, mistakes, defects, errors, interruptions or computer failure or
malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or
negligence, or for contingencies beyond the Author’s control, in procuring,
compiling, or delivering the Information.
Each user who registers with us (“Registered User”) and choses to purchase a
product or service through one of our Sites agrees to the terms of this Agreement
and the Terms and Conditions of Purchase of any and all products and services.
Should any conflict occur, the Terms and Conditions of Purchase shall control.
If you are in the United States and think you are having a medical or health
emergency, call your healthcare professional, or 911, immediately.
1. Description and use of our Websites
We provide Visitors and Registered Users with access to the Services as described
below.
Visitors are people who do not register with us, but wish to attain education from the
Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available
content on the Websites; and (ii) email us. This content is for educational purposes
only.
Registered Users can do all the things that Visitors can do, and they may
additionally:
• Purchase products and services through one of our Sites
• Gain access exclusive content available
• Have access to a private membership group
• Post comments and other content in the membership groups
• Sign up for our various programs
The Author is under no obligation to accept any individual as a Registered User and
may accept or reject any registration in its sole and complete discretion. In addition,
the Author may deactivate any account at any time, including, without limitation, if it
determines that a Registered User has violated these Terms of Use.
RESERVATION OF ALL PROPERTY RIGHTS
The Sites, northstarmedicine.com, and all material on the Kajabi platform are
protected by United States copyright laws. The Author hereby reserves any and all
intellectual property rights contained within the Sites.
INDEMNIFICATION
You agree to indemnify and hold the Author harmless from any claim or demand,
including attorneys’ fees, made by any third party as a result of (1) any content
posted or made available by you on these Sites, (2) any violation of law that occurs
by you through the Sites, and/or (3) anything you do using the Site and/or the
Information contained therein.
INVALIDITY
If any provision of this Agreement is held to be invalid or unenforceable in whole or
in part in any jurisdiction, then that provision shall be deemed ineffective in such
jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISTICTION AND LIMITATIONS ON CLAIMS
This Agreement and your use of the Sites, along with the Information contained
therein, shall be governed by and construed in accordance with the laws of the
State of California without regard to conflict of laws principles, and you agree to
submit to the jurisdiction of courts in the State of California. You further agree that
any claims or causes of action arising out of or related to this Agreement and the
Sites, along with the Information contained therein, shall be filed within one (1) year
after such claim or cause of action arose, or such claim or cause of action shall be
forever barred.
ENTIRE AGREEMENT
You hereby acknowledge that this Agreement represents the entire understanding
between you and the Author concerning your use of the Sites and the Information
contained therein.
MODIFICATION
The Author may, in the Author’s sole and absolute discretion, modify the terms and
conditions of this Agreement in whole or in party at any time for any reason without
any notice to you, whether prior or otherwise. Such modified terms and conditions
shall supersede these terms and conditions and shall become binding when
published online on the Sites.
WAIVER
The Author’s failure to exercise or enforce any right or provision of this Agreement
shall not be deemed to be a waiver of such right or provision.
The Sites and the information contained therein is made available by the author for
educational purposes only and is not intended to provide medical advice. By
accessing the site, you understand and acknowledge that there is no physician-
patient relationship between you and the author. You further acknowledge your
understanding that the site should not be used as a substitute for competent
medical advice from a licensed physician in your state.
DATA PRIVACY
1. General obligations and limitations. In respect of your use of the Sites in relation
to any personally identifiable and other data and information you provide to the
Author through the Sites, you expressly consent to the use and disclosure of that
data and information as described in our Privacy Policy. You are responsible for
complying with all applicable data protection and privacy laws in respect of your
use of the Sites and with regard to any personal data that you provide to the Author.
In particular, you must ensure you have properly informed and obtained all
necessary rights, authorizations or consents from any data subjects to whom the
data relates, to enable the Author to lawfully access their personal data under this
Agreement and to process their personal data outside of their country of residence.
You acknowledge that email is an insecure medium that is generally not encrypted
in transit, and security of information transmitted through the Internet can never be
guaranteed. The Author is not responsible for any interception or interruption of any
communications through the Internet or for changes to or loss of your content. The
Author may process and store your content in the United States or any other
country in which the Author or its agents maintain facilities and, by using the Sites,
you consent to this processing and storage of your content.
COOKIES
We employ the use of cookies. By accessing the Sites, you agreed to use cookies in
agreement with the Sites.
Most interactive websites use cookies to let us retrieve the user’s details for each
visit. Cookies are used by our website to enable the functionality of certain areas to
make it easier for people visiting our website. Some of our affiliate/advertising
partners may also use cookies.
LICENSE
Unless otherwise stated, North Star Naturopathic Medicine and/or its licensors own
the intellectual property rights for all material on the Sites. All intellectual property
rights are reserved. You may access this from North Star Naturopathic Medicine for
your own personal use subjected to restrictions set in these terms and conditions.
You must not:
• Republish material from the Sites
• Sell, rent or sub-license material from the Sites services and/or products
• Reproduce, duplicate or copy material from the Sites and/or products
• Redistribute or share content from the Sites services and/or products
Parts of the website, and coaching products offer an opportunity for users to post
and exchange opinions and information in certain areas of the website. The Sites do
not filter, edit, publish or review comments prior to their presence on the website or
other social media site. Comments do not reflect the views and opinions of North
Star Naturopathic Medicine, its agents and/or affiliates. Comments reflect the views
and opinions of the person who posts their views and opinions. To the extent
permitted by applicable laws North Star Naturopathic Medicine shall not be liable
for the comments or for any liability, damages or expenses caused and/or suffered
as a result of any use of and/or posting of and/or appearance of the Comments on
this website or social media sites.
North Star Naturopathic Medicine, reserves the right to monitor all Comments and
to remove any Comments which can be considered inappropriate, offensive or
causes breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary
licenses and consents to do so;
• The Comments do not invade any intellectual property right, including
without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent
or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or
present commercial activities or unlawful activity.
You hereby grant North Star Naturopathic Medicine, a non-exclusive license to use,
reproduce, edit and authorize others to use, reproduce and edit any of your
Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as
they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit
organizations, charity shopping malls, and charity fundraising groups which
may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website
information so long as the link: (a) is not in any way deceptive; (b) does not falsely
imply sponsorship, endorsement or approval of the linking party and its products
and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of
organizations:
• commonly-known consumer and/or business information sources;
• community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link
would not make us look unfavorably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us; (c) the benefit to us
from the visibility of the hyperlink compensates the absence of North Star
Naturopathic Medicine; and (d) the link is in the context of general resource
information.
These organizations may link to our home page so long as the link: (a) is not in any
way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of
the linking party and its products or services; and (c) fits within the context of the
linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in
linking to our website, you must inform us by sending an email to North Star
Naturopathic Medicine. Please include your name, your organization name, contact
information as well as the URL of your site, a list of any URLs from which you intend
to link to our Website, and a list of the URLs on our site to which you would like to
link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes
sense within the context and format of content on the linking party’s site.
No use of North Star Naturopathic Medicine or other artwork will be allowed for
linking absent a trademark license agreement.
IFRAMES
Without prior approval and written permission, you may not create frames around
our Web Pages that alter in any way the visual presentation or appearance of our
Website or products.
CONTENT LIABILITY
We shall not be held responsible for any content that appears on your Website. You
agree to protect and defend us against all claims that are rising on your Website. No
link(s) should appear on any Website that may be interpreted as libelous, obscene
or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third-party rights.
U S E O F T E M P LA TES A ND FO R M S
The Sites provide various templates and/or forms for download and/or sale on this
Website. The Author grants you a limited, personal, non-exclusive, non-transferable
license to use our templates and/or forms for your own personal or internal
business use. Except as otherwise provided, you acknowledge and agree that you
have no right to modify, edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance or in any way exploit any of the templates and/or forms in
any manner, except for modifications in filling out the templates and/or forms for
your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or
download may only be used by you for your personal or business use and may not
be sold or redistributed without the express written consent of the Author.
U S E O F P A I D C O U R S ES, P R O GRA MS, A ND A S S O CIA TE D M A TE RIAL
1. Membership Agreement: Membership Agreement (The Agreement) is
effective at the date of purchase by and between Dr. Christina Caselli,
ND and North Star Naturopathic Medicine, accessed via Kajabi and
Northstarmedicine.com and all current members of the “Membership
Program” by the Author shall herein after referred to as “Member”.
1. Understanding of Terms and Conditions of Membership
2. By accessing, browsing or using the Sites or selecting ‘I have
read and agree to the terms and conditions of this page.’ during
the membership registration, you represent that you have read
in its entirety, understood, and agreed to be bound by the terms
and conditions of this Membership Agreement.
2. Nature of the Service
1. North Star Naturopathic Medicine is a company offering
educational content about various aspects of overall health. The
membership shall include, for all members, video, written or
audio content related to overall health. The Author has
developed this content and it is sold exclusively through the
Sites.
3. User Registration and Information
1. The Member shall fill in the correct information requested in the
registration of membership on the site. Members shall be
required to promptly update Member information on the site.
Members shall select username and password during the
registration process. Member shall be responsible for: a) all use
of the Site made by the Members username and password, and
b) maintaining the confidentiality of the Member’s username and
password.
4. Payment
1. The Member shall provide accurate credit card information
during registration to access the Membership Page.
Memberships are a monthly subscription to content provided
and other perks mentioned above. Payments will be automatic
every month on the day of the first payment. Lack of proper
payment will result in denied access to all content.
5. Content
1. Membership Content: A series of short videos, handouts
(exclusive), a non-published article or blog or tip by the Author or
an audio file released for the duration of the membership.
6. Privacy
1. Members are prohibited from selling, reselling, or making
commercial use of any of the content contained within the
Membership Services.
7. Copyright
1. All rights reserved. No part of the content on the Author’s site
may be reproduced, distributed, or transmitted in any form or by
any means, including photocopying, recording or
other electronic or mechanical means, including information
storage and retrieval systems, without permission in writing from
the owner.
8. The legal penalties for copyright infringement are:
1. Infringer pays the actual dollar amount of damages and profits.
2. The law provides a range from $200 to $150,000 for each work
infringed.
3. Infringer pays for all attorney’s fees and court costs.
4. The Court can issue an injunction to stop the infringing acts.
5. The Court can impound the illegal works.
6. The infringer can go to jail.
9. Termination
1. Members may terminate at any time, however, no refunds will
be issued. The Author has the right to terminate access to the
course(s) if the member is distributing the courses or information
or videos to other parties for free or for sale and does not abide
by the agreement.
10. Liability Limitations
1. The member recognizes that the Author is acting as an educator,
utilizing her own interpretation and opinions. The member
understands that the Author not the member’s primary care
physician or their doctor or physician in any way. Making any
changes to a member’s life, choices, medication, diet, lifestyle, or
supplement/ herbal regimen should only be done with the
written consent and recommendation of their primary care
physician and/or psychiatrist.
11. Acknowledgment
1. I acknowledge that I am viewing the content created by the
Author for educational purposes only. I further acknowledge that
these are the opinions of the Author and should not be taken as
the “definitive opinion” or “absolute medical opinion” on any
subject. The membership materials and videos are not a
substitution for medical, psychological, counseling or any other
sort of professional care. I acknowledge that my consumption of
these materials is for my own education and any medical,
psychological, or professional care decisions should be made
between myself and my primary care doctor or another provider
that I am engaged with.
3. Course Agreement (The Agreement) is effective at the date of purchase by
and between the Author accessed via the Sites and all current purchasers of
an online course by you will be hereinafter referred to as “Purchaser”.
By accessing, browsing or using the Sites or selecting ‘I have read and agree to the
terms and conditions of this page.’ during the course registration, you represent that
you have read in its entirety, understood, and agreed to be bound by the terms and
conditions of this Course Agreement.
1.
1. Nature of the Service
1. The Author is a company offering educational content about
overall health. The courses include videos pertaining to a variety
of topics and an exclusive written content for the course. The
Author has developed this content and it is sold exclusively
through the Sites.
2. User Registration and Information
1. Purchaser shall fill in the correct information requested in the
registration of course on the site. Purchaser shall be required to
promptly update Purchaser information on the site. Purchaser
shall select username and password during the registration
process. Purchaser shall be responsible for: a) all use of the Site
made by the Purchasers username and password, and b)
maintaining the confidentiality of the Purchasers username and
password.
3. Payment
1. Purchaser shall provide accurate credit card information during
registration to access the Course. Courses are a one-time
payment to receive the content mentioned above. Lack of
proper payment will result in denied access to content.
4. Content
1. Course Content: Video series consisting of 2-15 videos ranging
from 5-30 min long, an exclusive e-book attached to the course,
other documents.
5. Privacy
1. Purchaser is prohibited from selling, reselling, or making
commercial use of any of the content contained within the
Course Services.
6. Copyright
1. All rights reserved. No part of the content on the Author’s Sites
may be reproduced, distributed, or transmitted in any form or by
any means, including photocopying, recording or
other electronic or mechanical means, including information
storage and retrieval systems, without permission in writing from
the owner.
2. The legal penalties for copyright infringement are:
1. Infringer pays the actual dollar amount of damages and
profits.
2. The law provides a range from $200 to $150,000 for each
work infringed.
3. Infringer pays for all attorney’s fees and court costs.
4. The Court can issue an injunction to stop the infringing
acts.
5. The Court can impound the illegal works.
6. The infringer can go to jail.
7. Termination
1. As a purchaser of an online e-course by the Author, I understand
that no refunds will be issued for any reason. The Author has the
right to terminate access to the course(s) if the purchaser is
distributing the courses or information or videos to other parties
for free or for sale and do not abide by the agreement.
8. Liability
1. The purchaser recognizes that the Author is acting as an
educator, utilizing her own interpretation and opinions. The
purchaser understands that the Author is not the member’s
primary care physician or their doctor or physician in any way.
Making any changes to a member’s life, choices, medication,
diet, lifestyle, or supplement/ herbal regimen should only be
done with the written consent and recommendation of their
primary care physician and/or psychiatrist.
9. Acknowledgment
1. I acknowledge that I am viewing the content created by the
Author for educational purposes only. I further acknowledge that
these are the opinions of the Author and should not be taken as
the “definitive opinion” or “absolute medical opinion” on any
subject. The course materials and videos are not a substitution
for medical, psychological, counseling or any other sort of
professional care. I acknowledge that my consumption of these
materials is for my own education and any medical,
psychological, or professional care decisions should be made
between myself and my primary care doctor or another provider
that I am engaged with.
4. Restrictions
The Websites are only available for individuals aged 13 years or older. If you are not
you should review this Agreement with your parent or guardian to make sure that
you and your parent or guardian understand it.
4. Fees and Payment
As consideration for any purchase you make on the Sites, you shall pay the Author
all applicable fees and taxes. You hereby consent to the authorization of payment
information by us or our third-party payment processor of your credit card or bank
account, or other approved payment facility you provided during the registration
process for the full payment of the fees and any applicable taxes.
All payments will be charged and made in U.S. dollars.
You must provide current, complete, and accurate billing and credit card
information. You must promptly update all billing information and keep your
account current, and accurate, and you must promptly contact us if your credit card
is lost or stolen, or if you become aware of a potential breach of account security.
You hereby authorize the Author to obtain or determine updated or replacement
expiration dates for your credit card in the event that the credit card you provided us
expires.
We reserve the right to charge any renewal card issued to you to the same extent
as the expired card. If payment is not received from your credit card issuer, you
hereby agree to pay all amounts due upon demand. You agree to pay all costs of
collection, including attorney’s fees and costs, on any outstanding balance. In
certain instances, the issuer of your credit card may charge you a foreign transaction
fee or related charges, which you will be responsible to pay. You are advised to
check with your bank and credit card issuer for details.
5. Returns
All sales are final. There are no returns available. If you do not agree with this policy,
do not purchase a course, program, or product.
6. Intellectual Property
The Sites contain material, such as videos, coursework, lesson plans, training
modules, photographs, software, text, graphics, images, sound recordings, and
other material provided by or on behalf of the Author (Content). The Content may be
owned by us or third parties. The Content is protected under both United States and
foreign laws. Unauthorized use of the Content may violate copyright, trademark, and
other laws.
Visitors may view all publicly-available Content for their own personal, and non-
commercial use. Registered Users who have purchased any product or service, may
download onto their own devices utilize content for their own personal, non-
commercial use. You have no other rights in or to the Content and you will not use
the Content except as permitted under this Agreement without the prior written
consent of the Author.
The Author retains all right, title, and interest, including all intellectual property
rights, within and including Content. You must retain all copyright and other
proprietary notices contained in the original Content. You are expressly prohibited
from copying, selling, transferring, assigning, licensing, sublicensing, or modifying
the Content. You are prohibited from reproducing, displaying, publicly performing,
making derivative versions of, distributing, or otherwise using the Content in any way
for any public or commercial purpose. The use or posting of the Content on any
other website, social media page, or in a networked computer environment for any
purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the
Content and the Websites automatically terminates and you must immediately
destroy any copies you have made of the Content and you are subject to legal fees.
All trademarks, service marks, and logos of the Author used and displayed on the
Sites are the sole property of the Author.
Other company, product, and service names located on the Sites may be
trademarks or service marks owned by others (the “Third-Party Trademarks,” and,
collectively with the Author, the “Trademarks”). Nothing on the Sites should be
construed as granting, by implication, estoppel, or otherwise, any license or right to
use the Trademarks, without our prior written permission specific for each such use.
Use of the Trademarks are prohibited unless approved in advance by us in writing.
All goodwill generated from the use of the Author’s Content inures to our benefit.
Elements of the Sites are protected by unfair competition, trademark, dress, trade,
and other state and federal laws. None of the Content may be retransmitted without
our express, written consent for from us.
7. Registered User Content; Licenses
As noted above, the Registered Users have the ability to post and upload Registered
User Content. You acknowledge and agree that once you submit your Registered
User Content it will be accessible by others, and that there is no confidentiality or
privacy with respect to such Registered User Content, including, without limitation,
any personally identifying information that you may make available. YOU, AND NOT
the Author, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER
CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE
WEBSITES.
You hereby grant us and our sublicensees a non-exclusive, royalty-free, freely
sublicensable, perpetual license to modify, compile, combine with other content,
copy, record, synchronize, transmit, translate, format, distribute, publicly display,
publicly perform, and otherwise use or exploit (including for profit) your Registered
User Content and all intellectual property and moral rights therein throughout the
universe, in each case, by or in any means, methods, media, or technology now
known or hereafter devised.
You also grant us and our sublicensees the right to use your Registered User
Content, your Sign-In Name, name, likeness, and photograph in connection with any
use of the related Registered User Content permitted by the previous sentence
and/or to advertise and promote the Sites, Author, and our products and services.
Without limiting the foregoing, you acknowledge and agree that uses of your
Registered User Content, name, likeness, and pictures permitted by the foregoing
rights and licenses may include the display of such information in advertising and
other material or content, including for profit.
Each Registered User Content submission constitutes a representation and warranty
to the Author that such Registered User Content is your original creation, that you
have the rights necessary to grant the license to the Registered User Content under
the prior paragraph, and that it and its use by the Author and its content partners as
permitted by this Agreement does not and will not infringe or misappropriate the
intellectual property or moral rights of any person or contain any libelous,
defamatory, or inappropriate material or content that violates our Community Rules.
8. Communications with Us
Although we encourage you to contact us, you shall not email us any content that
contains confidential information. We cannot guarantee privacy of any emails and
communications you send to us. As mentioned previously, we are free to use ideas,
concepts, and techniques contained in your communications for any purpose
whatsoever, including but not limited to, the development, production, and
marketing of products and services that incorporate such information without
compensation or attribution to you.
9. No Warranties; Limitations of Liability
There is no warranty available on any of the information or content contained in the
Courses, Sites, or Membership sites. With passage of time and advancement of
information it is your responsibility to stay up to date with information and not rely
on the Sites for updated information. We also cannot guarantee that the websites
will operate error free and it is possible that there may be issues with servers and
content.
The Sites may have content errors or typographical inaccuracies or omissions. We
are not responsible for typographical, technical, content, or pricing errors or other
technical errors listed on the Sites.
A REFERENCE TO A PRODUCT OR SERVICE ON THE SITES DOES NOT IMPLY THAT
SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.
WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR
IMPROVEMENTS TO THE SITES AT ANY TIME WITHOUT NOTICE.
10. External Sites
The Sites may contain links to third-party websites (“External Sites”). These links are
provided solely for your convenience and are not an endorsement by us or by the
external site creators. You should contact the site administrator or webmaster for
those External Sites if you have any concerns regarding such links or any content
located on such External Sites. The content of such External Sites is developed and
provided by owners of External Sites. We are not responsible for the content of any
linked External Sites and do not make any representations regarding the content or
accuracy of materials on such External Sites. You should take precautions when
downloading files from all websites to protect your computer from viruses and other
destructive programs. Accessing linked External Sites is at your own risk.
11. Representations; Warranties; and Indemnification
(a) You agree to defend, indemnify, and hold us and our officers, employees, agents,
successors, licensees, and assignees harmless from and against any damages,
liabilities, losses, expenses, claims, actions, and/or demands, including, without
limitation, legal and accounting fees, arising or resulting from:
(i) your breach of this Agreement;
(ii) your misuse of the Content or the Sites; and/or
(iii) your violation of any third-party rights, including without limitation any copyright,
trademark, property, publicity, or privacy right. We shall provide notice to you of any
such claim, suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit, or proceeding. We reserve the right to assume the exclusive
defense and control (at your expense) of any matter that is subject to
indemnification under this section. In such a case, you agree to cooperate with any
requests assisting our defense of such matters.
12. Compliance with Applicable Laws
The Sites are based in the United States. We make no claims concerning whether
the Content is able to be downloaded, viewed, or be appropriate for use outside of
the United States. If you access the Sites or the Content from outside of the United
States, you do so at your own risk. Whether inside or outside of the United States,
you are solely responsible for ensuring compliance with the laws of your specific
jurisdiction.
13. Termination of the Agreement
In our sole discretion, we reserve the right, to terminate, suspend, or restrict, this
Agreement and your access to all or any part of the Sites, at any time and for any
reason without prior notice or liability.
We reserve the right to change, suspend, or discontinue all or any part of the Sites
at any time without prior notice or liability.
The following sections shall remain and survive any termination of this Agreement:
1.
1. “Fees and Payment” until your balance is paid in full including taxes
and late fees.
2. “Intellectual Property”
3. “Registered User Content”
4. “Licenses”
5. “Communications with Us”
6. “No Warranties; Limitation of Liability”
7. “Representations; Warranties; and Indemnification”
8. “Termination of the Agreement”
9. “Controlling Law”
10. “Binding Arbitration”
11. “Class Action Waiver”
12. “Equitable Relief”
13. “Miscellaneous.”
14. Digital Millennium Copyright Act
The Author respects the intellectual property rights of others and attempts to
comply with all relevant laws. We will evaluate all claims of copyright infringement
received and remove any Content concluded to have been posted or distributed in
violation of any laws.
Our designated agent under the Digital Millennium Copyright Act of 1998 (the “Act”)
for the receipt of any Notification of Claimed Infringement which may be given
under that Act is as follows:
Dr. Christina Caselli, ND North Star Naturopathic Medicine
1180 S. Mt Shasta Blvd., Unit B, Mt Shasta, CA 96067
If you are under the belief that your content has been copied on the Sites in a way
that is considered copyright infringement, please provide our agent with notice in
accordance with the requirements of the Act. This includes:
• (i) a description of the copyrighted work that has been infringed and the
specific location on the Websites where such work is located;
• (ii) a description of the location of the original or an authorized copy of the
copyrighted work;
• (iii) your address, telephone number and email address;
• (iv) 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;
• (v) a statement by you, made under penalty of perjury, that the information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf; and
• (vi) an electronic or physical signature of the owner of the copyright or the
person authorized to act on behalf of the owner of the copyright interest.
15. CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the
State of California without regard to its conflict of laws provisions.
16. BINDING ARBITRATION
All disputes will be resolved via arbitration. DISCOVERY AND APPEAL RIGHTS MAY
ALSO BE LIMITED IN ARBITRATION.
In the event of a dispute arising under or relating to this Agreement, the Content, or
the Sites (hereafter referred to as “Dispute”), either party may elect to finally and
exclusively resolve the dispute by binding arbitration governed by the Federal
Arbitration Act (“FAA”).
Any election to arbitrate, at any time, shall be final and binding on the other party.
If either party elects arbitration, neither shall have the right to litigate such claim in
court or to have a jury trial. Either party may bring its claim into its local small claims
court if that is permitted by the small claims court rules and if they are within such a
court’s jurisdiction.
All disputes will be resolved before a neutral arbitrator in the state of California,
selected jointly by the parties, whose decision will be final, except for a limited right
of appeal under the FAA. The arbitration shall be commenced and conducted by
JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org
and Procedures and in accordance with the Expedited Procedures in those rules,or,
where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and
Procedures.
All applicable JAMS’ rules and procedures are available at the JAMS website
www.jamsadr.com. Each party will be responsible for paying any JAMS filing,
administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the
arbitrator’s award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. The arbitration may be
conducted in person, through the submission of documents, by phone, or online or
with a designated proxy.
If conducted in person, the arbitration shall take place in the United States in the
state of California. The parties may litigate in court to compel arbitration, to stay a
proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator. The parties shall cooperate in good faith in the
voluntary and informal exchange of all non-privileged documents and other
information (including electronically stored information) relevant to the Dispute
immediately after commencement of the arbitration. As set forth in Section 18,
nothing in this Agreement will prevent us from seeking injunctive relief in any court
of jurisdiction as necessary to protect our proprietary interests.
17. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between
us and you individually. To the full extent permitted by law,
• (i) no arbitration or proceeding shall be joined with any other
• (ii) there is no right or authority for any Dispute to be arbitrated or resolved on
a class action-basis or to utilize class action procedures
• (iii) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST US ONLY IN
YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of
any of our trademarked or intellectual property rights and confidential and
proprietary information by you, we will suffer irreparable harm and will therefore be
entitled to injunctive relief to enforce this Agreement.
We may, without waiving any other agents under this Agreement, seek from any
court having jurisdiction any interim, provisional, or equitable, or injunctive relief that
is necessary to protect our rights and property pending the outcome of the
arbitration as referenced above.
You hereby irrevocably and unconditionally consent to the personal and subject
matter jurisdiction of the federal and state courts in the State of California for
purposes of any such action by us.
19. Miscellaneous
You acknowledge that any failure on our part to act on or enforce any provision of
the Agreement shall not be construed as a waiver of that provision or any other
provision in this Agreement. No waiver shall be effective against us unless made in
writing, and no such waiver shall be construed as a waiver in any other or
subsequent instances except as expressly agreed by us and you in writing. This
Agreement constitutes the entire Agreement between you and us with respect to
the subject matter, and supersedes all previous agreements, whether written or
oral, between the parties with respect to the subject matter. The section headings
are provided merely for convenience and shall not be given any legal import. This
Agreement will insure to the benefit of our successors, assigns, licensees, and
sublicensees.
20. Testimonials
All testimonials found within the Sites, on handouts, flyers, social media posts,
videos, and other places on the interwebs, represent the real life experience of the
individual participants. Names of the participants have been changed or withheld to
protect the privacy of the individual. I understand that the Author reserves the right
to publish, edit or reject any testimonials, or feedback that I send either via email, via
the Website or in writing via post for any purpose whatsoever, commercial or
otherwise, without payment to me – unless we have specifically agreed otherwise in
writing prior to submission.
I give the Author the right to display advertisements in connection with my
testimonial and to use my feedback for advertising and promotional purposes. All
testimonials found within this website are opinions that represent experiences of the
individual participants.
21. 21. International Use
This website is controlled and operated by the Author and makes no
representations that the Content is appropriate or legally available for use in
locations outside the United States. If you are accessing the Sites Content from
outside the United States, you are solely responsible for complying with all local
laws and jurisdictions.
22. Software Downloads and Export Controls
Software, hardware, and related technologies that may be available in connection
with the Sites Content and are subject to United States export controls. No software
or related technologies may be downloaded from the Sites, or otherwise exported
or re-exported, in violation of United States export laws.
23. Termination
The Author at its sole option, may terminate, block or suspend your access to the
Sites Content and these Terms at any time without notice if you breach any
provision of these Terms. In the event of termination, those Sections in these Terms
which provide for continuing obligations on your part shall survive indefinitely.
24. Miscellaneous
Both you and the Author agree that no partnership, agency, joint venture, or
employment relationship is formed between you and us by your use of the Sites
Content and neither you nor Author have the power or the authority to obligate or
bind the other.
These Terms set forth the entire agreement between you and the Author pertaining
to your use of the Sites Content. If any provision of these Terms is held invalid or
unenforceable, such provision shall be revised to the extent necessary to cure the
invalidity and the remainder of these Terms shall continue in full force and effect.
Our failure to exercise any right or provision of these Terms shall not constitute a
waiver of such right or provision.
25. Additional Miscellaneous
The above document is a formal agreement that documents the terms and
conditions of use for this Website, Social Media accounts, Membership, Courses,
and any other content created or utilized by the Author. If you do not accept these
terms of use, please do not use this Website or purchase any products listed. I
agree and understand that continued use of the Sites and purchasing any products,
either myself or by-proxy, confirms my acceptance of these terms.
The Author from time-to-time provides various courses, programs, and associated
material for sale on the Sites. The Author grants you a limited, personal, non-
exclusive, non-transferable license to use our courses, programs, and associated
material (collectively the “Courses”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to
modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or
download may only be used by you for your personal or business use and may not
be sold or redistributed without the express written consent of the Author.
By ordering or participating in Courses, you further agree that you shall not create
any derivative work based upon the Courses and you shall not offer any competing
products or services based upon any information contained in the Courses.
USE OF FREE DOWNLADABLE CONTENT
The Authro provides various resources on the Sites, which users may access by
providing an e-mail address. The Author grants you a limited, personal, non-
exclusive, non-transferable license to use our resources provided in exchange for
an email address for your own personal or internal business use. Except as
otherwise provided, you acknowledge and agree that you have no right to modify,
edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or
in any way exploit any of the content in any manner.
By downloading the content, you agree that the content you download may only be
used by you for your personal or business use and may not be sold or redistributed
without the express written consent of the Author.
G U E S T S
The Author may, from time to time, provide information from a third party in the form
of a podcast guest interview, interview on other platform, guest blog post, or other
medium. The Author does not control the information provided by such third-party
guests, is not responsible for investigating the truth of any information provided, and
cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Author
agree to transfer all intellectual property rights they may have in any such
interviews to the Author and further provide a license to any rights they are unable
to assign.
If you have any questions or concerns about this Terms of Use Agreement, please
contact us at info@northstarmedicine.com.