1. Description of Services
ThePaleoMom.com is an internet site that provides information about the Paleo lifestyle, the Paleo diet and its modifications, as well as the challenges of raising a Paleo family.
ThePaleoMomConsulting.com provides a facility allowing Users to access information about independent providers of ancillary health, fitness, and nutrition services supporting the Paleo lifestyle, to schedule appointments with such providers (“Providers” or a “Provider”), and to pay for services, all in an integrated format.
The Services may include a “blog” through which Website Users can engage in a dialogue, ask questions, post comments, and receive information regarding the Paleo lifestyle and diet, and various products related to the Paleo lifestyle.
As used herein, the “Services” shall refer to those services offered by both the ThePaleoMom.com. and ThePaleoMomConsulting.com, as determined by the context. Note that some Services may be available on ThePaleoMom.com, and unavailable on ThePaleoMomConsulting.com, and vice-versa.
2. Disclaimer of Warranties.
The Website is provided by US on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, WE make no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. WE Shall have no liability for any interruptions in the use of thE Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. We DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability.
WE SHALL NOT be liable for any damages whatsoever, and in particular WE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if We HAVE been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us for the Services or $100.00.
User agrees to indemnify and hold us, our parents, subsidiaries, affiliates, officers, contractors, experts and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Services, the violation of this Agreement, or infringement by User, or other User of the Services using User’s computer, of any intellectual property or any other right of any person or entity.
5. Use of the Services.
Your use of the Services is for your personal use only. You are entirely responsible for any and all activities which occur under your name, whether authorized or not authorized. User agrees to notify us of any unauthorized use of User’s name or any other breach of security known or should be known to User. User’s right to use the Services is personal to User. User agrees not to resell or make any commercial use of the Services without our express written consent.
Each User is solely responsible for, and assumes all liability regarding, (a) the information and content User contributes to the Services; (b) the information and content you post, transmit, publish, or otherwise make available through the Services; and (c) your interactions with other persons through the Services. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.
We may suspend or block your ability to use the Services, without notice, for any reason and we may refuse to disclose the reason(s) for such action. All decisions regarding the suspension or termination of your ability to use the Services shall be made in our sole discretion.
6. Provider Services (available through ThePaleoMomConsulting.com).
Although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Website (including Information provided in direct response to your questions or postings) may be provided by Providers, the provision of such Information does not create a doctor/patient relationship or a healthcare professional /patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate health, fitness or nutrition care from a qualified Provider.
In addition to the Information or browsing the Website, the Services include the ability to schedule an appointment with a Provider for personalized fee-based consultation and related services. In order to use this feature of the Website, you must register on the Website, and pay all fees owed to the Provider through the Website.
The decision to obtain services from any Provider, and the selection of any particular Provider, is exclusively yours. You are strongly advised to perform your own investigation prior to selecting a Provider by confirming the Provider’s licensure with the appropriate licensing authorities, validating listed credentials and education, and to verifying other important information about a particular Provider through that Provider’s office, your current Provider, and the professional association relative to the Provider’s specialty.
Should you decide to use the services offered by a Provider, the charges for any services rendered by such Provider will apply and will be entirely your responsibility. You agree to submit, through the Website, all payments for services provided to you by Providers. You will be required to make payment for any scheduled services with a Provider at the time of your on-line scheduling. Payments made through the Website will be remitted to your Provider in accordance with our service agreement with the Provider. You will receive a timely written confirmation acknowledging receipt of your payment. No Provider will be obligated to provide any services to you unless payment has been made in advance and through the Website.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Website or Services whatsoever.
In connection with using the Website and the Services to locate and schedule appointments with a Provider, you understand that:
- YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
- We select Providers to be listed on the Website pursuant to a contractual agreement with each Provider.
- In addition to signing a contract, Providers compensate us in order to appear on the Website.
- We will provide you with lists and/or profile previews of Providers who may be suitable to deliver the health care, fitness and/or nutrition services that you are seeking; however, We do not (i) recommend or endorse any particular Provider, and (ii) make any representations or warranties with respect to the Providers or the quality of services they may provide.
- We use reasonable efforts to ensure that Providers only participate in the Services if they have appropriate training and certifications necessary to practice any specialty of the services offered by them to Users of the Website. We may exclude Providers who, in our discretion, have engaged in inappropriate or unprofessional conduct.
- Provider and practice information found on the Website is intended for general reference purposes only. Provider information found on the Website is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor we provide any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
- The procedures, products, services and devices which may be discussed and/or advertised on the Website are not applicable to all individuals or situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Website by advertisers, sponsors, and other Website participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
7. Website Registration and Personal Information.
As part of the registration process (which is required to receive personalized, fee-based, services from Providers through ThePaleoMomConsulting.com), you will provide an e-mail address and create a password. These are your credentials for accessing the Services which require registration (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked, stolen or otherwise compromised. You may notify us by sending an email to [email protected]
8. Provider Fees (applicable to ThePaleoMomConsulting.com only).
The fees for all services provided by Providers will be posted on the Website. Such fees are established by the Provider, and not by us. We make reasonable efforts to ensure that the fees posted on the Website are current, but each Provider may make adjustments to its fees from time to time which are not reflected on the Website. In the event that fees have been adjusted but are not yet posted on the Website, we will notify you of the adjustment, and obtain your consent, prior to processing payment for any service at a fee different from the posted fee.
You waive the right to cancel credit card or debit card payments which have been cleared through our clearing processor. If any payment is dishonored or cancelled, or if you fail to pay any installment when due, the related appointment(s) with the Provider may be cancelled without further notice.
Each Provider has his, her or its own refund policies which will apply to all fees incurred by you with respect to services provided by such Provider. Further, each Provider has his, her or its own policies regarding cancellation of appointments. You should request a copy of the Provider’s refund and cancellation policies before providing any services to you. We are not obligated to issue any refunds to you that would be in violation of a Provider’s written refund or cancellation policies.
For payments that you believe were improperly made, we may, in our sole discretion, void, rescind or issue a credit for your payment made through the Website at any time prior to the remittance of such payment to the applicable Provider. If a payment dispute arises after we have forwarded payment to your Provider, the responsibility to settle the payment dispute rests with you and Provider, in accordance with the Provider’s policies.
9. We Do Not Provide Medical Advice.
The Information that you obtain or receive from us, and our employees, contractors, partners, sponsors, advertisers, licensors, Providers or otherwise on the Website is for informational and scheduling purposes only. All healthcare-related information comes from Providers. If you submit a healthcare-related question to us, answers are (i) provided by Providers, or other individuals or organizations, and not by us, (ii) for informational purposes only, and (iii) do not establish any doctor/patient relationship.
THE INFORMATION PROVIDED ON THE WEBSITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH US IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE. DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, doctors, dentists, Providers, practitioners, procedures, opinions, or other information that may appear on the Website. If you rely on any of the Information provided by the Website, you do so solely at your own risk.
10. You Have No Doctor-Patient Relationship with Us.
NO LICENSED DOCTOR/PATIENT RELATIONSHIP OR MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US INCLUDING, BUT NOT LIMITED TO, ANY PROVIDER LOCATOR ON THE WEBSITE, LINKS TO OTHER WEBSITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PROVIDER.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN.
WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
11. Modifications and Interruption to Services.
We reserve the right to modify or discontinue the Services with or without notice to you. We shall not be liable to User or any third party should we exercise its right to modify or discontinue the Services. User acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
12. Links to Third-Party Sites.
13. Disclaimer Regarding Accuracy of Vendor Information.
In accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, you are notified that we are sometimes compensated for links to third-party sites based upon an affiliate marketing arrangement. Further, we will sometimes provide compensated endorsements of products, including those available through linked third-party sites.
Vendor information, product specifications and other information have either been provided by the vendors or collected from publicly available sources. While we make reasonable efforts to ensure that the information on the Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website.
Except as may be disclosed on the Website, (a) we make no warranties or representations whatsoever with regard to any product provided or offered by any vendor or Provider, and you acknowledge that any reliance on representations and warranties provided by any vendor or Provider shall be at your own risk, and (b) references made on the Website to any information, vendor, Provider, company, product, or service is not intended to constitute or imply an endorsement or recommendation by us. The failure to include the name of a vendor, company, product, or service is not to be construed as disapproval.
14. Editorial Control and Accuracy.
We make the Website available as a service to consumers and Providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted on the Website reviewed by the Website’s editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.
You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified practitioner of health care, fitness or nutrition services.
15. Governing Jurisdiction of the Courts.
This Website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State Georgia, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Website or Services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Website you agree to do so subject to the internal laws of the State Georgia.
If there is any dispute arising out of the Website and/or the Services, by using the Website, you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Georgia, in Cobb County, for the resolution of any such dispute.
16. Compliance with Laws; Disclosures.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (a) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (b) protect or defend our or a third party’s rights or property; or (c) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Notwithstanding any other provision of this Agreement or the Privacy Statement, we reserve the right, but has no obligation, to disclose any information that you submit to the Website, if in our sole opinion, suspect or have reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials.
17. Copyright and Trademark Information.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2014 ThePaleoMom, LLC or © 2014 ThePaleoMom Consulting, LLC with all rights reserved, or is the property of ours and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ThePaleoMom.com or ThePaleoMomConsulting.com, as the case may be, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ThePaleoMom.com or ThePaleoMomConsulting.com.
ThePaleoMom.com™ is a proprietary mark of ThePaleoMom, LLC, and ThePaleoMomConsulitng.com™ is a proprietary mark of ThePaleoMom Consulting, LLC. Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those trademark owners. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with us.
18. Notification of Claimed Copyright Infringement.
Pursuant to Section 512I of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as its agent for receipt of notifications of claimed copyright infringement.
Charles I. Pollack, Esq.
Fryer, Shuster & Lester, P.C.
1050 Crown Pointe Parkway
Atlanta, Georgia 30338
19. Prohibited Activities.
We reserve the right to investigate and suspend or terminate your ability to use the Services if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services:
- Impersonating any person or entity.
- “Stalking” or otherwise harassing any person.
- Expressing or implying that any statements you make are endorsed by us without our specific prior written consent.
- Use of any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
- Posting, distributing or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Using inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity.
- Posting information that another User or Provider may use to identify you.
- Posting untrue or misleading information regarding the Provider or any services offered by, or provided by, a Provider.
- Removal of any copyright, trademark or other proprietary rights notices contained in the Services.
- Interference with or disruption of the Services or the site or the servers or networks connected to the Services or the site.
- Posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Services.
- “Framing” or “mirroring” any part of the Services or the Website, without our prior written authorization.
- Using meta tags or code or other devices containing any reference to us or the Services or the Website in order to direct any person to any other web site for any purpose.
- Modifying, adapting, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Services or the Website or any software used on or for the Services or cause others to do so.
20. Un-Moderated Posts.
You understand we do not in any way have an obligation to screen Users or attempt to verify the statements or posts of our Users. We make no representations or warranties as to the conduct of Users. We reserve the right to edit and/or delete any information submitted by a User, including but not limited to forum posting.
We have the right to remove any such information or material that in our sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Each User is solely responsible for the content that such User publishes or displays on the Services, or transmits to other Users. You will not post on the Services, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to us or to any User. If information provided to us or a User, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We reserve the right to publish your posted information as part of the Website and to also remove your posted information for any reason. We are not, however, responsible for any failure or delay in removing posted information. Keep in mind that the posted information of others is simply opinion and should not be relied on.
By posting information or content to the Website, you automatically grant, and you represent and warrant that you have the right to grant to us and our Users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. We reserve the right, but has no obligation, to monitor the information or material you submit to the Website. This license is non-exclusive, except you agree that we shall have the exclusive right to practice this license to the extent of combining your posted information with the posted information of other Website users for purposes of constructing or populating a searchable database.
22. Other Terms.