DrCD Membership Overview: Full Membership
Site and Service
Use of drcarolyndean.com, including all materials presented herein, and all online services provided as part of drcarolyndean.com, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Site
The terms “we,” “us,” and “our” equate to the term “site”, and refers to drcarolyndean.com ("DrCD"). The terms “user,” “you,” and “your', and "end-user" refer to site visitors, customers, members, and any other users of the site.
Service
DrCD is offering a membership site for online resources and other content relating to lifestyle, wellness, and a better understanding of your body from a structure and function perspective (the “Service”). The DrCD membership site restricts access to parts (or all) of our website, and DrCD reserves full rights to do so, as part of this membership. By signing and submitting a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential. Your signing and submission should also be considered a binding signal that you take full responsibility for said access and and actions performed as part of this Site.
Use of the Site and Service
Information provided on the Site, Services related to the Site and other information contained therein are subject to change. DrCD makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. DrCD disclaims all liability for any inaccuracy, error, or incompleteness in the Content. This content is for entertainment purposes only.
Account Creation
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to DrCD will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Content Considerations
Access as a "Full Member" of the Site provides additional access to content that has since been made unavailable to the general public. This content is presented as part of the 1st Amendment rights of Dr Carolyn Dean MD ND, and shared with you through a mutual understanding of its current purpose, uses, and availability to you as part of your membership.
The content Parties agree that the Service is to be used at your own discretion. Nothing that is presented to end-users as Content, both individually or as a whole, has been evaluated by the Food and Drug Administration. You should not interpret any words, statements, or collections of content as intended or suggesting to be used to diagnose, treat, cure or prevent any disease. You should always consult and confirm with your own healthcare professional before changing any aspect of your current health regimen, and understand what these changes could mean for you.
Refusal of Service
The Services are offered subject to our acceptance of your order and/or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. For paid membership levels, no order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
Our Intellectual Property
The Site and Service contain intellectual property owned by DrCD, including trademarks, copyrights, proprietary information, and other intellectual property. DrCD’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including DrCD’s copyrighted materials, shall remain the sole property of DrCD. No license to sell or distribute our materials is granted or implied as part of your site membership.
Lawful Purposes
You may use the Site and Service for lawful purposes only. 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 shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Duration of Agreement
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against DrCD when there are reasonable delays in the access of the Service.
DrCD reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, DrCD should dissolve or cease to exist, then your access to the Service terminates. If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
Cancellations and Refunds
You may cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DrCD IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DrCD HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DrCD’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM DrCD, AND IF NO PURCHASE HAS BEEN MADE BY YOU DrCD’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with DrCD. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and DrCD pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by DrCD 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 DrCD.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
DrCarolynDean.com - property of New Capstone, Inc.
ATTN: Ginney Sanders
178 Cayuga Dr
Mooresville, NC 28117
888-577-3703
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