You are accessing one product from Practical Homeopathy, Inc. and its
successors (referred to below as the “The Company”). You must be at
least 13 years of age or older to access the Practical Homeopathy, Inc.
Product. Our Product includes course content and materials, other
information and materials furnished by Practical Homeopathy, Inc., and
access to a website for members of a course referenced here in this
document as Product. By agreeing to these terms and accessing the
Product, you and the Company agree to the following legal terms and
conditions that govern your use of the Product and form a legal
agreement between you and the
Company:
INTELLECTUAL PROPERTY
You agree that the Product contains proprietary information and material
that is owned by the Company and/or its licensors and is protected by
copyright, trademark, and other applicable intellectual property laws.
Duplicating, sharing or uploading Product files to sharing sites is considered
stealing, and the Company will prosecute such misconduct to the fullest
extent permitted by law.
The Company provides you with the Product solely for your personal,
noncommercial use, and you agree that you will not use such proprietary
information or materials in any way whatsoever, except for use in
compliance with this Agreement. You will not use the Product or the
materials available in the Product in a manner that constitutes an
infringement of the Company’s rights or that has not been authorized by
the Company. More specifically, unless explicitly authorized in this
agreement, you may not modify, copy, reproduce, republish, upload, post,
transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or
distribute in any manner or medium (including by email or other electronic
means) any material from JoetteCalabrese.com/ Practicalhomeopathy.com
You may, however,
from time to time, download and/or print one copy of individual pages of
the site for your personal, noncommercial use, provided that you keep
intact all copyright and other proprietary notices.
To be clear: please be aware that you may not create derivative works,
resource guides, or business materials, source material, intellectual
property, websites, blogs, web content, or any other works that reference
the Company, Practical Homeopathy and Joettecalabrese.com and any
successors, content, or infringe on any of the Company’s intellectual
property in any way. All copyrights in and to the Product (including the
compilation of content, postings, links to other internet resources, and
descriptions of those resources) are owned by the Company and/or its
licensors, who reserve all their rights in law or in equity. THE USE OF THE
COMPANY’S PRODUCT, EXCEPT AS PERMITTED IN THIS
AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE
INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS
AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES,
INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND
OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in
connection with the Product are trademarks or registered trademarks of the
Company. You are granted no right or license with respect to any of the
aforementioned trademarks and any use of such trademarks.
Each Product is an individual purchase program. Upon registration, you will
receive one username, password, and a member profile for use during the
live course (where appropriate) and in the private member site, as well as
the exclusive directory listing.
If you would like to take the Product along with a business study partner or
Collaborator, you will each need to purchase the course individually.
Additionally, if you are interested in having your assistant or your entire
team take the Product, a separate membership will need to be purchased
for each participating member.
Special pricing terms are available for larger study group purchases.
PRIVACY AND CONFIDENTIALITY
The Product is subject to the Company’s Privacy Policy. The privacy
policy can be found by clicking here.
We respect your privacy and must insist that you respect the privacy of
other people that who participate in the Program (“Program Participants”).
Thus, consider this a mutual non-disclosure agreement.
We respect your confidential and proprietary information (collectively,
“Confidential Information”) and by purchasing this program, you agree to
respect the same rights of Program Participants, the Program and
representatives of the Company.
Thus, you agree:
• That any confidential information shared by Program Participants or
any of the Company’s representatives is confidential and proprietary
and belongs solely and exclusively to the Participant who discloses it
or to the Company.
While you are free to discuss your personal results from our programs and
training, you must keep the experience and statements, oral or written, of
all other participants in the strictest of confidence.
PRODUCT MEMBER AREA AND COMMUNITY RULES
• No Solicitation within the Product Member Area. The community is
about learning homeopathy only. You are not permitted to offer your
services, sell your programs or products, nor are you permitted to
invite Program Participants to join other social networks, groups, or
programs. This is a space for learning and is a pitch-free, solicitation-
free and sales-free environment. Sharing affiliate links within the
Product Member Area is not permitted. Your failure to comply with
these terms may result in loss of your privileges and immediate termination of your
participation
in the Program without refund.
• Program Community Rules. You agree to abide by theCommunity
Rules.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites, and
establish a Facebook group as a convenience to you and other Program
Participants. These third-party materials and websites are not part of the
Program, and they may be either withdrawn or terminated at any time
without any liability on the part of the Company. You agree that you will be
responsible for all payment and other obligations associated with your use
of any and all third-party materials and websites. In addition, you agree
that the Company is not responsible for examining and evaluating the
content and accuracy of any third-party materials and websites, and the
Company does not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials,
products, or services of third-parties. You further agree that you will not
use any third-party materials and websites in a manner that would infringe
or violate the rights of any other party, and that the Company will not be
liable for your improper use of third-party materials and websites.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE
PROGRAM PRODUCT IS AT YOUR SOLE RISK. By purchasing the
Product, you accept, agree and understand that you are fully responsible for
your results from your participation and that we offer no representations,
warranties or guarantees verbally or in writing regarding your results of any
kind. You alone are responsible for your actions and results in life, which are
dependent on personal factors including, but not necessarily limited to,
your skill, knowledge, ability, dedication, and your medical doctor to name just
a few. You also understand that any testimonials or endorsements by our
customers or audience represented on our programs, websites, content,
landing pages, sales pages or offerings have not been scientifically
evaluated by us, and the results experienced by individuals may vary
significantly. Any statements outlined on our websites, programs, content
and offerings are simply a relaying of information of our opinion and thus, are
not guarantees or promises of actual performance. We offer no personal,
medical or psychological advice.
2) NON-DISPARAGEMENT. You agree that you will not engage in any
conduct or communications with a third-party, public or private, designed
to disparage the Company, Product or Joette Calabrese including, but not
limited to, any remark, comment, message, information, declaration,
campaign, communication or other statement of any kind, whether verbal,
in writing, electronically transferred or otherwise, that might reasonably be
construed to be derogatory, defamatory, libelous or slanderous.
3) BINDING EFFECT. This Agreement shall be binding upon, and inure to
the benefit of, the successors, executors, heirs, representatives,
administrators and permitted assigns of the parties. You have no right to
assign this Agreement, by operation of law or otherwise.
4) TERMINATION. The Company is committed to providing all customers
in the Program with a positive Program experience. If you fail, or the
Company suspects that you have failed, to comply with any of the
provisions of this Agreement, the Company, in its sole discretion and
without notice to you, may: (a) limit, suspend, or terminate your
participation in the Program without refund or forgiveness of monthly
payments; and/or (b) terminate this Agreement. Your obligations to the
Company under this Agreement will survive expiration or termination of
this Agreement for any reason.
5) CHANGES. The Company reserves the right at any time to modify this
Agreement and to impose new or additional terms or conditions on your
use of the Product. Such modifications and additional terms and conditions
shall be effective immediately and incorporated into this Agreement. Your
continued use of the Product will be deemed your acceptance thereof. The
changes may be listed in an area accessible to you on the Company’s
website, or you may be notified by either e-mail or postal mail. If you have
any questions, please contact our legal department directly at
contact@practicalhomeopathy.com.
6) INDEMNIFICATION. By purchasing and/or using the Product, you, to
the extent permitted by law, agree to defend, indemnify, and hold harmless
the Company, its owners, officers, employees, contractors, directors,related
entities, affiliates, and successors from and against any and all liabilities
and expense whatsoever – including without limitation; claims, damages,
judgments, awards, settlements, investigations, costs, attorneys’ fees, and
disbursements – which any of them may incur or become obligated to pay
arising out of or resulting from your breach of this Agreement and/or your
purchase and/or use of the Product. You shall defend the Company in any
legal actions, regulatory actions or the like arising from or related to this
Agreement. You recognize and agree that all of the Company’s owners,
officers, employees, shareholders, trustees, affiliates and successors shall
not be held personally responsible or liable for any actions or
representations of the Company.
7) RESOLUTION OF DISPUTES BY ARBITRATION. YOU AND THE
COMPANY AGREE TO RESOLVE ANY CONTROVERSY, DISPUTE,
CLAIM OR GRIEVANCE, WHETHER IN CONTRACT, TORT, STATUTE,
OR OTHERWISE, BY ARBITRATION THAT WILL TAKE PLACE IN
PALM BEACH, FLORIDA, UNITED STATES OF AMERICA AND BE
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION
RULES. SUCH ARBITRATION WILL BE CONDUCTED BY A SINGLE
ARBITRATOR WHO SHALL BE SELECTED BY THE APPLICABLE AAA
RULES AND THE ARBITRATION HEARING SHALL BE HELD WITHIN
ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE THE
ARBITRATOR ACCEPTS HIS OR HER APPOINTMENT ASARBITRATOR.
THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING UPON
THE PARTIES, AND JUDGMENT ON THE AWARD RENDERED BY THE
ARBITRATOR MAY BE CONFIRMED AND ENTERED AS A JUDGMENT
IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY
SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES AND
OTHER ARBITRATION COSTS. SHOULD THE AAA FIND THAT ITS
CONSUMER ARBITRATION RULES APPLY, THE PARTIES WILL
RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT
FOR DISPUTES AND CLAIMS WITHIN THE JURISDICTION.
FURTHER, ANY SUCH CONTROVERSY, DISPUTE, CLAIMS AND
GRIEVANCES WILL BE PURSUED INDIVIDUALLY AND NOT AS A
CLASS ACTION. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE
IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS
OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO
ARBITRATION. PLEASE NOTE THAT OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN
ARBITRATION. FOR EXAMPLE, THE PARTIES ARE WAIVING THEIR
RIGHT TO A JURY TRIAL, AND PRE-ARBITRATION DISCOVERY IS
GENERALLY MORE LIMITED THAN AND DIFFERENT FROM THAT
AVAILABLE IN COURT PROCEEDINGS. IN ADDITION, THE
ARBITRATOR’S AWARD IS NOT REQUIRED TO INCLUDE FACTUAL
FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO
MODIFY OR SET ASIDE AN ARBITRATOR’S AWARD IS STRICTLY
PROHIBITED.
8) EQUITABLE RELIEF. You acknowledge and agree that in the event of a
breach or threatened violation of the Company’s intellectual property rights
and confidential and proprietary information by you, the Company will
suffer irreparable harm and will therefore be entitled to injunctive relief to
enforce this Agreement. The Company may, without waiving any other
remedies under this Agreement, seek from any court having jurisdiction
any interim, equitable, provisional or injunctive relief that is necessary to
protect its rights and property, pending the outcome of the Arbitration
referenced above. You consent to the personal and subject matter
jurisdiction of the federal and state courts in Palm Beach County, Florida,
United States of America for purposes of any such action by the
Company.
9) ENTIRE AGREEMENT. This Agreement constitutes the entire
understanding and agreement of the Parties with respect to its subject
matter and supersedes all prior and contemporaneous agreements or
understandings, inducements or conditions, express or implied, written or
oral, between the parties.
10) SEVERABILITY. The parties shall comply with all applicable lawsin
performing this agreement. Whenever there is any conflict between any
provision of this Agreement and any law, the law shall prevail, but in such
event the provision effected in this Agreement shall be limited or
eliminated only to the extent necessary, and the remainder of this
Agreement shall remain in full force and effect.
11) NO WAIVER. The failure of any party to insist on the performance of any obligation
hereunder shall not be deemed to be a waiver of such obligation. Waiver of
any breach of any provision shall not be deemed to be a waiver of any other
breach of such provision or any other provision.
I have read and agree to the terms and conditions listed above.
I AGREE
If you have any questions, please email us at
contact@practicalhomeopathy.com.
The use of media materials is by the Fair use clause of the U.S.
copyright Act of 1976, which allows for the re-broadcast of
copyrighted material for the purpose of education.
/Rev 04/2020