Last Updated: February 13, 2018
More Natural Healing (“we,” “us,” “our,” or “MNH”) is pleased to offer you a platform for communicating electronically via our forum regarding health questions and herbal product direction. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU PROCEED, YOU ARE AGREEING THAT YOU WILL ONLY USE MNH’S SERVICES, including its website https://morenaturalhealing.com (“the Site”) and future mobile application(s) (“App”) and all content, information and/or materials provided by or through MNH (collectively “Services”), IN ACCORDANCE WITH ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND THAT YOU WILL BE BOUND BY THEM. When using these services, you are AUTOMATICALLY agreeing to all of the Terms and Conditions below, including without limitation, the arbitration and indemnity provisions.
These Terms of Service cover the service for which MNH provides support: (1) a service we call “Quiz the Docs,” through which you may receive digital correspondence via our forum for medical advice, product recommendations and/or herbal direction from a physician who is licensed in the state of Texas.
- Quiz the Docs Service
The Quiz the Docs Service is not intended to be used in medical emergencies or situations requiring a hands-on or immediate response or treatment. Unless otherwise stated, the terms and conditions below apply to you each time you use the Quiz the Docs Service. By using the Quiz the Docs Service and/or related services within or outside of the website or future App, you FULLY ACKNOWLEDGE THE FOLLOWING:
HIPAA Disclaimer - We are not "HIPAA compliant". Users of the Membership forum for “Quiz the Docs” are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. More Natural Healing does not control or monitor the information or data you store on or transmit through, any of our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Membership Agreements” and you agree that More Natural Healing is not a business associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact:
- You will only use the Quiz the Docs service and/or the future App in non-emergency situations;
- The Quiz the Docs service will not replace your regular physician;
- The Quiz the Docs service is currently answered utilizing doctors licensed by the State of Texas; you will provide accurate information about the state in which you reside and the state where you are located when you use the Quiz the Docs Service. MNH will not be held liable for any advice, direction or suggested usage of any product or herb(s) or device that you might be given by any of our Quiz the Docs doctors. Our Board of Advisors and any doctor or veterinarian associated with the Quiz the Docs services are licensed by the State of Texas.
- The Quiz the Docs service does not provide services to Medicare and/or Medicaid beneficiaries and do not accept Medicare and/or Medicaid patients at this time;
- MNH and the Quiz the Docs service do not take any form of private insurance; your Membership fees pay for all services;
- MNH provides administrative, technical, and clerical services to the Quiz the Docs service, and does not practice medicine or provide advice of any kind and does not interfere with the practice by Quiz the Docs service;
- You and a Quiz the Docs service doctor will not have in-person encounters as known by MNH. Quiz the Docs service will not provide a diagnosis and/or treatment and/or prescribe medications but rather will give an independent medical judgment under the circumstances for the information you provide, which may or may not include information they collect from any email or face-to-face video chats, and they will apply ordinary standards of medical care – not any heightened or extraordinary standards;
- If a Quiz the Docs service concludes that he or she has insufficient information to provide a solid course of action, a suggested treatment, or an herbal direction, the Quiz the Docs may either request additional information from you or decline to provide further services and assist you in providing relevant information to the health care provider from whom you seek in-person care;
- In fact, Quiz the Docs service may decline to provide services to you for any reason within their medical judgment and particularly for actual or potential misuse of services, and may decline to provide services for any or no reason if they have not previously established a relationship with you;
- Quiz the Docs service does not prescribe controlled substances and other drugs that may be abused;
- The Quiz the Docs doctors practice together as part of a group, so there is no guarantee that you will be connected to a particular physician within the group or to a physician of your choosing. You may be connected to any available physician in the group;
- Quiz the Docs service is not an insurance product nor a prescription fulfillment warehouse;
Your Use of the Quiz the Docs service is also subject to additional terms, disclaimers, and limitations, as set forth in Section III (Additional Terms Applicable to All Services) below.
Terms Applicable to All Services
- 1. Binding Agreement.
The terms and conditions herein will form a binding agreement (“Agreement” or “Terms of Service”) between you and us when you click “I Accept” as part of becoming a “Member” of the Services. If you are using the Services outside the United States, or on behalf of a company, legal entity, person, or persons, you are nonetheless individually bound by this Agreement even if one or more of these has a separate agreement with us.
- 1. Acceptance.
BY CLICKING "I ACCEPT" AT THE END OF THESE TERMS, YOU CONSENT TO USE ELECTRONIC SIGNATURES; ACKNOWLEDGE YOUR CLICK OF THE "I ACCEPT" BUTTON AS SUCH A SIGNATURE; AND, SPECIFICALLY, AGREE THAT CLICKING "I ACCEPT" IS YOUR WRITTEN ACKNOWLEDGEMENT THAT YOU WERE PROVIDED WITH THE INFORMATION IN THESE TERMS. You should print a copy of these Terms of Service and maintain them. MNH will maintain evidence of your written acknowledgment for six (6) years.
- 1. Changes to Terms.
We may, at our sole discretion, change, add, or delete portions of these Terms of Service at any time on a going-forward basis. It is your responsibility to check the Terms of Service for changes prior to use of the Services. We will notify you of any material changes by posting notice of the changes on the Site, in the App, or by sending an email to the address you have provided. If you object to any of the changes, your sole recourse will be to stop using the Services. Continued use of the Services after notice of any changes will constitute your agreement to be bound by the revised Terms of Service, inclusive of such changes.
- 1. Other Agreements.
- 1. Eligibility to Use the Services.
(a) To use the Services, you must be at least 18 years old. If you are a minor under applicable law or are not legally able to form a binding agreement, a parent or legal guardian ("Parent/Guardian") must accept these Terms of Service on your behalf before you are permitted to use the website or any future App and receive the Services. (b) Specifically, to be eligible to use the Services, including the App, you must meet the following criteria and represent and, by agreeing to these Terms of Service, warrant that you: (1) have complied with the requirements of Section 5(a); (2) are not currently restricted from using the Services, or not otherwise prohibited from having a MNH account, (3) are not a competitor of MNH or are not using the Services for reasons that are in competition with MNH; (4) will only maintain one MNH account at any given time; (5) have full power and legal authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of MNH other users or of third parties, including intellectual property rights and privacy rights; (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services; and (8) agree to use your first name and your email address when registering (although you may use a fictitious name or initials after registration when using the App). (c) If applicable: Parent/Guardian hereby agrees that he/she has the full legal authority to accept these Terms of Service on the Registered User’s behalf and to bind the Registered User to them. Parent/Guardian also agrees to fully indemnify and hold harmless MNH against any and all claims and damages if such Registered User breaches any of these Terms of Service.
- 1. Services Provided.
The Services provide a platform and mechanism for enabling you to connect and chat with providers of the Quiz the Docs service (“Providers”). MNH does not participate in the interaction between you and Providers and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers, and does not monitor or control whether any participant, including registered users and/or visitors to the Site or the App, are who they claim to be. MNH makes no representations about any of these and assumes no responsibility for any of them as more fully set forth below. MNH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES.
- 1. User Access and Use.
We invite you to use the Services for personal and non-commercial purposes. When you accept these Terms of Service, we grant you a limited, personal, non-exclusive, nontransferable, fully revocable license to access and to use the Services as permitted under these Terms of Service and any other agreements you may have entered into with us (“Access Rights”). Your right to use and access the Services (including the Site and App) is conditioned upon your compliance with these Terms of Service. You have no other rights in the Services or any materials available therein (the “Materials”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms of Service, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof). Without limiting any other statement or term herein, you also represent and/or agree that the following apply each time you access or use the Services:
- You will not access and/or use the Services in an emergency situation, but instead, will call 9-1-1 or your own physician or pediatrician if you suspect or have reason to believe an emergency exists;
- You consider the Services, including, without limitation, the contents of the App, such as text, graphics, images, information obtained from MNH's licensors, users, employees and other material ("Content") to be for informational and educational purposes only, excepting only Quiz the Docs services as described above, and that results are never guaranteed;
- You will not advise, diagnose, or treat any person at any time based on the information and/or education or comments you receive through the Services and/or that is contained in the App and/or otherwise transmitted to you through the Services. You are solely responsible for your interactions with the Providers with whom you communicate while using the Services;
- MNH may limit the number of connections you may have with the Providers, may, in certain circumstances, prohibit you from contacting them through use of the Services, and/or may otherwise limit your use of the Services;
- You will not attempt to learn the identities and/or locations of the Quiz the Docs providers and you will not contact the Quiz the Docs providers other than through the Site or App;
- You understand and acknowledge that the Providers may not be able to respond to your messages immediately or even within a short time (but if you have not heard from a Provider within 48 hours, you should contact MNH to find out why).
- If you believe that you are entitled or obligated to act contrary to these Terms of Service under any mandatory law, you will provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you take action that is contrary to these Terms of Service to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
- User Account Responsibilities.
To use or access certain Services, you must register for and be granted by us an account with MNH. You agree to: a) keep your password secure and confidential; b) not permit others to use your account; c) refrain from using other users’ accounts; d) refrain from selling, trading, or otherwise transferring your MNH account to another party; and e) refrain from charging anyone for access to the Services. Further, you are responsible for anything that happens through your account until you close it down or prove that your account security was compromised through no fault of your own. You agree to be responsible for any act or omission of any users that access the Services under your Account or using your Password that, if undertaken by you, would be a violation of these Terms of Service, and that such act or omission shall be deemed a violation of these Terms of Service.
- 1. User Information.
You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that you violated any provision or aspect of these Terms of Service, we may deny or terminate your access to the Services (or any portion thereof). By providing information to us, you represent and warrant that you are authorized or entitled to submit the information, that you are doing so voluntarily, that the information is accurate, not confidential and/or private, and not in violation of any contractual restrictions or third-party rights.
By providing information to us, you grant MNH, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to MNH, including, without limitation, user-generated content, ideas, concepts, techniques and/or data. Any information you submit to us is at your own risk of loss.
In addition, by submitting reviews, comments, or ratings to MNH through the App, email, or our website, you expressly authorize us to publish such reviews, comments, or ratings and to publish with them your full name and the state in which you reside, in our sole discretion. Specifically, you agree that you have no privacy interest in any reviews, comments, or ratings you submit to MNH, and you automatically grant to MNH, or warrant that the owner of such content has expressly granted to MNH, the right to use that content, without obligation of any kind to you, for advertising, marketing, promotional and/or other purposes as set forth in these Terms of Service and you will not be entitled to any compensation for such use. Confidential communications, communications you want to remain private, or information that identifies you may be made removed from the App or the Site by submitting written notice to MNH as described in paragraph 29 below.
- 1. Mobile Apps.
We may make available an App to access the Services via a mobile device. To use our App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal and non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may upgrade automatically to your mobile device the version of the App that you are using. You consent to such automatic upgrading and agree that these Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we and our third-party licensors or suppliers retain all rights, title, and interests in and to the App and any copy of the App. Standard carrier data charges may apply to your use of the App. We may elect to provide you with support or modifications for the App ("Support"), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Service.
- Apple Devices. The following additional terms and conditions apply to any Mobile Application we provide to you for use on an Apple iOS-powered mobile device (“iOS App”):
- You acknowledge that these Terms of Service apply to you and us only, and not Apple, Inc. (“Apple”).
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) claims that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that all such claims are governed solely by these Terms of Service and any law applicable to us as a provider of the site or future iOS App.
- You agree that we, and not Apple, are responsible, to the extent required by these Terms of Service, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- We and you agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Service as they relate to your license of our iOS App. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as they relate to your license of the iOS App.
- Android Devices. The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms of Service apply to you and us only, and not Google, Inc. (“Google”).
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms of Service.
- You acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as they relate to our Android App.
- 1. Geo-Location Terms.
The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other content from Google as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Service for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services; you are agreeing to be bound by Google’s Terms of Service.
- 1. Prohibited Uses.
You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and/or h) stalk, harass, or harm another individual. You further agree you will not:
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
- Use the Services or access the Services for any purpose other than the purpose for which the Services are being provided to you;
- Use the Services in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- Reverse engineer, disassemble, decompile, or translate any components of the Services, attempt to derive the source code of any components of the Services, or authorize or assist any third party to do any of the foregoing;
- Allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations (SPAM);
- Use any high volume, automated, or electronic means, including any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
- Frame the App, place pop-up windows over its pages, or otherwise affect the display of its pages.
- 1. Accuracy of Materials and Other Information.
MNH does not warrant that any Materials and/or other information, pictures, graphic depictions, descriptions, or other content of the Services are accurate, complete, reliable, updated, current, and/or error‑free. MNH is not responsible and makes no representations or warranties for the delivery of any messages sent through MNH to anyone. You agree to notify MNH immediately if you become aware of any errors or inconsistencies in the information or content provided through the App and to comply with any corrective action taken by MNH. Further, you will not alter electronic messages, information, or postings received from MNH.
- 1. Intellectual Property.
You hereby expressly acknowledge that MNH or its licensors own all legal right, title, and interest in the Services. MNH reserves all rights not expressly granted in and to the Service. “More Natural Healing” is a trademark that belongs to us. Other trademarks, names, and logos on the platform are the property of their respective owners. Unless otherwise specified in these Terms of Service, all materials, including the arrangement of them on the platform are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
- 1. Intellectual Property Infringement.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Services (or any portion thereof) and/or terminate your account if you use the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement as follows:
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
- 1. Third Party Sites.
We may provide links on the Services to third-party websites. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk, and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on the Services to be shared with your contacts in your third-party site account.
- 1. Indemnification.
You agree to indemnify and hold harmless MNH, our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, co-branders, suppliers, and the officers, directors, employees, consultants, and agents of each, and other Registered Users and Visitors, for all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, caused by: a) your failure to comply with this Agreement, including without limitation your unauthorized submission of content and/or of that violates third-party rights or applicable laws; b) any content you submit or transmit; c) any activity in which you engage through the Services; and d) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar or deleterious programming routines input by you into the Services.
- 1. Privacy.
- 1. Geographic Restrictions.
MNH makes no representation that all products, Services, material, and/or the information provided through the Services, are appropriate for export and use in locations outside the United States or all territories within the United States. Registered Users and Visitors access the Service on their own initiative and are responsible for compliance with all applicable laws, including local laws, and United States export laws including, without limitation, Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. By downloading or otherwise using or transferring any software, technology or other information from the Services in any manner whatsoever, you represent and warrant you may legally do so. You may also have other rights applicable to this agreement outside the United States. Certain companies affiliated with MNH may provide services and operate websites that may be linked from the App and Site and which are governed by their own Terms of Service and may be subject to laws of other local or international jurisdictions.
- 1. Feedback.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including, but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- 1. Discontinuation or Modifications to the Services.
We reserve the right, in our sole discretion, to deny or restrict the use of the Services to anyone for any reason. We reserve the right to modify or discontinue the Services, or any portion of the Services, with or without notice to you. We will not be liable to you or any third party should we exercise these rights. If you object to any modification, your sole recourse will be to cease using the Services. Continued use of the Services following notice of any change will indicate your acknowledgment of such changes and satisfaction with the Services as modified. MNH has no obligation to store, maintain or provide you a copy of any content that you, other users, or the Providers provide or transmit when using the Services. We also reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is appropriate.
- 1. Disclaimer Of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MNH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. MNH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES MNH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MNH OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT, AND QUIZ THE DOCS SERVICES ARE NOT INTENDED TO BE FOR DIAGNOSIS OR TREATMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT MNH IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
- 1. Limitation Of Liability.
YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MNH OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS ("MNH AFFILIATES") BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF MNH TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO FIVE (5) TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A MNH CORPORATE NETWORK, IF ANY, OR U.S. $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result, some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- 1. Mutual Rights of Termination.
You may terminate this Agreement, for any or no reason, at any time, upon notice to MNH. MNH may terminate or suspend your use of the Services, your account, and/or your registration without notice for any reason at any time. You understand that termination of your agreement with MNH and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU. OTHER AGREEMENTS WITH MNH MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE SERVICES.
- 1. Applicable Law.
The validity, interpretation, construction, and performance of these Terms of Service and any claim, cause of action or dispute (“claim”) arising out of, or related to, this Agreement, and dispute resolution, shall be governed by the laws of the state of Texas without giving effect to the principles of conflict of laws. Except for disputes subject to arbitration as described below, any disputes relating to these Terms of Service or the Services will be heard in the courts located in Austin, Texas.
- 1. Dispute Resolution.
YOU AND MNH AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN AUSTIN, TEXAS, AS ADMINISTERED BY TAMS (TEXAS ARBITRATION MEDIATION SERVICES, INC.) UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND MNH AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN TRAVIS COUNTY, TEXAS, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT MNH SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST‑EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR BE SOLELY BASED ON WRITTEN SUBMISSIONS, THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION; (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES; AND (C) ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU AGREE THAT YOU AND MNH ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
- 1. Severability.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Service remain in full force and effect.
- 1. Language.
- 1. Notices and Service of Process.
In addition to Section “Notices and Service Messages,” we may notify you via postings on https://morenaturalhealing.com. You may contact us here, or via mail or courier at:
11601 Hwy 290 W, Suite A101, Box 348, Austin, Texas 78737
Additionally, MNH accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- 1. Electronic Communications.
By using the Services, you consent to receive electronic communications from MNH. These electronic communications may include notices about applicable fees and charges, transactional information, marketing solicitation on products or services and other information concerning or related to the Services. These electronic communications are part of your relationship with MNH. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- 1. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings related to these Terms of Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MNH Services, third-party content or third‑party software.
- 1. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any MNH Affiliate shall be deemed legally binding on any MNH Affiliate, unless documented in physical writing hand‑signed by a duly appointed officer of MNH.
- 1. No Agency.
Notwithstanding any term herein, the Providers are not agents of MNH, and you may not interpret any communications or transmissions to or from the Providers, to create an agency relationship and they may not be deemed at any time to be acting as an agent of MNH.
- 1. Limited Time to Bring Claim.
Where permitted by law, you and MNH agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- 1. Beneficiaries.
Entities other than MNH are not parties, and you acknowledge and agree that there are no third‑party beneficiaries of this Agreement.
- 1. Assignment and Delegation.
You may not assign or delegate any rights or responsibilities under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and responsibilities under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, MNH for any third party that assumes our rights and responsibilities under this Agreement.
- 1. Survival.
The terms of this Terms of Service and any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of this Agreement for any reason. Our (and our licensor’s) proprietary rights (including intellectual property rights) in and to our Content, our technology, the App, the Site, and/or other Services will survive the expiration or earlier termination of these Terms of Service.
Please contact us at firstname.lastname@example.org with any questions regarding this Terms of Service. To the extent the Uniform Electronic Commerce Act of 2009 applies, Texas users are advised that the technology, App, and Site are provided by:
More Natural Healing, 11601 Hwy 290 W, Suite A101, Box 348, Austin, Texas 78737.
BY CLICKING "I ACCEPT", YOU CONSENT TO USE ELECTRONIC SIGNATURES; ACKNOWLEDGE YOUR CLICK OF THE "I ACCEPT" BUTTON AS SUCH A SIGNATURE; AND, SPECIFICALLY, AGREE THAT CLICKING "I ACCEPT" IS YOUR WRITTEN ACKNOWLEDGEMENT THAT YOU WERE PROVIDED WITH THE INFORMATION IN THESE TERMS. IF YOU HAVE NOT CLICKED THE ACCEPT BUTTON BELOW, YOU ARE HEREBY AUTOMATICALLY ACCEPTING THESE TERMS OF SERVICES AS WRITTEN. You should print a copy of these Terms of Service and maintain them. MNH will maintain evidence of your written acknowledgment for six (6) years.