The Nature Nurse™, PLLC Website and Social Networks Terms of Service
Last Modified: August 2019
Acceptance of Terms of Service. This is an agreement between The Nature Nurse, PLLC, ("Company"), the owner and operator of <http//www.thenaturenurse.com> (the "Site") and its social networks, and you ("you" or "You"), a user of the Site. The term “Social Networks” encompasses a broad sweep of online activity, including participation in social networks such as Facebook, YouTube, Flickr, Twitter, Instagram, and interactive blogs, websites or listserves, some of which may be located on the Site.  By using the Site or the Company’s Social Networks you acknowledge and agree to these Terms of Service and the Privacy Policy, which can be found at https://www.thenaturenurse.com/privacy-policy.html and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Site or the Company’s Social Networks.
Changes to Terms of Service
  • Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time.
  • Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
  • Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
  • Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
Use of Site and Company Social Networks
  • License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site and Company Social Networks for your personal and non-commercial use in accordance with the Terms of Service.
  • No Provision of Medical Advice.  The contents of the Site and Company Social Networks, such as text, graphics, images, and other materials created by the Company or obtained from Company’s licensors, and other materials contained on the Company’s Site or Company Social Networks (“Company Content”) are for informational purposes only.  The Company Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Before starting this or any other wellness program, consult your physician or other qualified health provider.  Additionally, always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Company’s Site or Social Networks.  If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Company, Company employees, others appearing on the Site or Company Social Networks at the invitation of the Company, or other visitors to the Site or Company Social Networks is solely at your own risk.
  • Difference Between Curing and Healing; No Guaranty of Either. The Site and Company Networks discuss how nature promotes healing.  Please be aware that healing and curing are not the same thing. Curing is the elimination of the signs and symptoms of disease.  Healing goes deeper; more complete, and may or may not include curing.  Healing has been defined as “the return of the integrity and wholeness of the natural state of an individual; the emergence of right relationship at, between, and among all levels of the human being; the process of bringing together parts of one’s self (physical, mental, emotional, spiritual, relational) at deeper levels of inner knowing, leading to an integration and balance, with each part of having equal importance and value.” (B.M. Dossey, Holistic Nursing: A Handbook for Practice, 5th Ed., ed. B. M. Dossey and L. Keegan (Sudbury, MA: Jones and Bartlett Publishers), 2009, p. 721.  We hope that any such information is helpful for you.  However, as stated in the “No Provision of Medical Advice” and “Disclaimers” sections of this Agreement, all Company Content is for informational purposes only and the Site, Company Social Networks and all Company Content is provided on an “as is” basis without any warranties of any kind.
  • Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site and all Company Social Networks ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site and Company Social Networks. You agree to not engage in the use, copying, or distribution of any of the Site or Company Social Networks other than expressly permitted.
  • User Conduct.  You may not engage in any of the following prohibited activities:
    • copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping",
    • using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site or Company Social Networks,
    • transmitting spam, chain letters, or other unsolicited email,
    • attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Company Social Networks,
    • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure or Company Social Networks,
    • uploading invalid data, viruses, worms, or other software agents through the Site or Company Social Networks,
    • collecting or harvesting any personally identifiable information, including account names, from the Site or Company Social Networks,
    • using the Site or Company Social Networks for any commercial solicitation purposes,
    • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
    • interfering with the proper working of the Site or Company Social Networks,
    • accessing any content on the Site or Company Social Networks through any technology or means other than those provided or authorized by the Site or Company Social Networks,
    • bypassing the measures we may use to prevent or restrict access to the Site or Company Social Networks, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein,
    • posting images, music or other copyrighted content on Company Social Networks unless you own them or have permission from the owner to display such content in this context,
    • posting content on Company’s Social Networks that is not pertinent to Company’s business,
    • posting abusive, obscene, or offensive language, images or links on the Company’s Social Networks and
    • posting or transmitting material that is confidential or proprietary to you or a third-party.
  • User Generated Content on Company Social Networks. 
    • Company reserves the right, but does not have the obligation, to monitor Company’s Social Networks.
    • You grant to CommScope a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and fully-paid, transferable right (including the right to sublicense) to exercise all copyright, publicity, and moral rights with respect to any user generated content you post on the Company’s Social Networks in any media formats and through any media channels.
    • Company expressly disclaims any liability or responsibility for the user generated content posted to its Social Networks, and such content does not necessarily represent the opinions or positions of Company.
    • Company does not promise or guarantee that any user generated content posted on Company Social Networks is correct or accurate, and Company does not necessarily agree with or endorse such content.
    • Company retains the right to decline to post any user generated content, or remove any previously posted content on Company Social Networks in our sole discretion.
    • You understand that when using the Site or Company Social Networks, you will be exposed to user generated content from a variety of sources, and that the Company is not responsible for the usefulness, safety, or intellectual property rights of or relating to such user generated content. You further understand and acknowledge that you may be exposed to user generated content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company and Company Personnel with respect thereto.
[JV1] Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site's or Company Social Media’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
Paid Services
  • Fees. The Company reserves the right at any time to charge fees for access to the Site. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
  • Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You shall pay all applicable taxes relating to use of the Site through your account.
Links. The Site and Company Social Networks may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Third Party Content. Through the Site and Company Social Networks, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
Privacy. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Site and Company Social Media you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by the Company.
Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
  • identification of the copyrighted work claimed to have been infringed,
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
  • your contact information, including your address, telephone number, and an email address,
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Trademarks. The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.
Termination
  • Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
  • Termination by the Company. The Company may terminate or suspend your access to or ability to use the Site or Company Social Networks immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.
  • Effect of Termination. Upon termination of your access to or ability to use the Site or Company Social Networks, your right to use or access the Site or Company Social Networks will immediately cease.
  • Survival of Provisions. This agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site or Company Social Networks shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
Disclaimers. The Site and Company Social Media are provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable law, the Company, its owners, members, managers, officers, directors, shareholders, employees, contractors and agents (“Company Personnel) disclaim all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
Limitation of Liability. To the fullest extent permitted by applicable law in no event shall the Company or Company Personnel be liable for:
  • any direct, special, indirect or consequential damages, or
  • any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site or Company Social Networks, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site or Company Social Networks, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
Indemnification. You agree to defend, indemnify and hold harmless the Company and its subsidiaries and affiliated companies, including their Company Personnel from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Site or Company Social Networks. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and Company Personnel and you agrees to assist and cooperate with the Company in the defense or settlement of any such matters.
Arbitration
  • Claim Procedure. For any dispute you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.  You must bring any arbitration WITHIN ONE YEAR after your claim arose; otherwise, your claim will be waived.  
  • Arbitration Location. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where you reside.
  • Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  • Arbitration Award. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
  • Class Actions. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.
  • Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules.
Feedback. We welcome any comment, question and communication at [email protected].