The following are the disclaimers, terms, and conditions for use of this website (the “Site”) and the goods and services provided through it. Your access to and use of any material on the Site constitutes acceptance of, and is conditional upon your acceptance of and compliance with the disclaimer, and the terms and conditions set forth herein (collectively referred to as “Terms and Conditions”).
The MHA Spot™ provides health and wellness information including information about mental health, naturopathic medicine, and holistic health and wellness, through articles, online videos, links, blog posts, newsletters, telemedicine, health programs, and other products and publications (the “Service” or “Services”).
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions. You should not use this Site unless you agree to the Terms and Conditions.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or purchasing the Services. Information provided on the Site and in the Service is subject to change.
The Site contains information, communication, software (including program code that may execute on the server or that may be embedded in or downloadable from individual pages on this Site), images, sounds, music, graphics, photos, videos, and other materials and services (the “Content”).
The MHA Spot™ makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current, or error-free.The MHA Spot™ disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
None of the Content is intended to diagnose, treat, or cure any disease or health condition, or to take the place of medical advice from a licensed doctor in your state, country, or jurisdiction.
The MHA Spot™ reserves the right to discontinue any Services at any time and for any reason without prior notice.
Although Dr. Janelle Louis, ND is a licensed naturopathic doctor, she is not familiar with your individual case. The information on the Site is for general informational and educational purposes only and is not intended to be used as personal medical advice. Engaging with this Site does not create a doctor-patient relationship between The MHA Spot or Dr. Janelle Louis, ND and you. Neither the MHA Spot, Dr. Janelle Louis, ND, nor any other contributing author is liable for any losses or damages related to actions or failure to act related to the content on the Site. If you need specific medical advice, consult with a doctor who is licensed to practice in your jurisdiction.
Success stories shared on this site, whether through writing, video, or other means, are the true stories of the individuals described or those describing their own experience. Because everyone is different, The MHA Spot™ and Dr. Janelle Louis cannot and will not guarantee that each person will have the same result, even if they have been diagnosed with the same condition.
ACCOUNT CREATION AND TERMINATION
In order to use the Service, you may be required to provide various pieces of information about yourself including your name, email address, and other personal information. You agree that any information you give toThe MHA Spot™ will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information, an email address, or any other information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
The MHA Spot™ reserves the right to cancel or terminate your participation in the Service or your right to use the Site or any part of the Site at any time without notice and without refund. In the event of termination, you are no longer authorized to access the part(s) of the Site affected by such termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
You may use the Site and Service for lawful purposes only and only for purposes that are permitted by the Terms and Conditions. You agree to use the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
CHANGES TO SITE OR TERMS AND CONDITIONS
We reserve the right to discontinue or to make partial or complete modifications to this Site and to make changes to the Terms and Conditions at our own discretion and without prior announcement. Continued use of this Site following the posting of any changes will constitute acceptance of those changes. The next time you visit this Site, you must view the Terms and Conditions again and take note of any amendments that have been made.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, fax, text message, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, fax, email, text, deliver, or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for business developing, marketing, or any other purpose. In connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. This right granted to us may be revoked by you in writing at any time and for any reason.
You acknowledge that The MHA Spot™ has the right but not the obligation to use and display any postings or contributions of any kind and that The MHA Spot™ may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason.
Limitations on Linking and Framing. You may establish a hyperlink to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.
You agree that you will not use this Site or the material provided for any unlawful purpose or for any purpose that is prohibited by the Terms and Conditions.
The Site is provided for your personal use, and you may not resell any materials provided by us on or through this Site. You may not use the Site to engage in any unlawful activity or to infringe the rights of us, our affiliates, or our customers.
You further agree that you will not:
(i) interfere with the operation of the Site in any way; (ii) interfere with anyone’s use or enjoyment of the Site; (iii) harass anyone on or through the Site; (iv) impersonate any person or entity on or through the Site; (v) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given us written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); and (vi) copy, reproduce, modify, sell, lease, sublicense, market, or otherwise change or commercially exploit in any way the Site or any component thereof other than as may be expressly permitted by us.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not The MHA Spot™. Neither The MHA Spot™ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, The MHA Spot™ neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized The MHA Spot™ representative while acting in his/her official capacity.
You agree that under no circumstances shall we, our directors, officers, employees, representatives, contractors, affiliates, successors, volunteers, or assigns be liable to you or to any third party for any damages whatsoever and howsoever caused arising out of or in connection with your use or misuse of this site or in reliance on the information available on this site, including without limitation, direct, indirect, incidental, consequential, special, reliance, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, The MHA Spot™ is not liable for damages, loss of profits, loss of expected savings, or any other non-direct damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill, or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if The MHA Spot™ has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall The MHA Spot™’s cumulative liability to you exceed the total purchase price of the Service you have purchased from The MHA Spot™ and if no purchase has been made by you, The MHA Spot™’s cumulative liability to you shall not exceed $100.
The information, products, and services offered on or through the Site and byThe MHA Spot™ and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
You agree at all times to defend, indemnify, and hold harmless The MHA Spot™, its affiliates, their successors, transferees, assignees, and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.
LIMITATION OF LIABILITY
This site is continually under development and The MHA Spot™ makes no warranty of any kind, implied or expressed, as to its accuracy, completeness or appropriateness for any purpose.
The limitations of liability and disclaimers in the Terms and Conditions shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort.
You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, and agents from and against any and all third party claims, liability, damages, or costs, including without limitation reasonable legal and accounting fees, arising or resulting from your use or misuse of this Site and the materials available on this Site, your breach of the Terms and Conditions, or infringement of any intellectual property or other right of us or person or entity.
You agree that the Content and the selection, arrangement, architecture, and enhancement of the Content and other Site features (the “Website Design”) are protected by the United States and international intellectual and industrial property rights, including copyrights, trademarks, and other proprietary rights. All use of the Content or Website Design shall be in accordance with such rights and these Terms and Conditions.
Users of this Site are granted a limited license to display or print its Content for their own personal, non-commercial use, provided the Content is not modified. Any other use of the Content or the Website Design is prohibited. The Content and Website Design may not be otherwise reproduced, republished, or re-disseminated in any matter or form without the prior written consent of us.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and any dispute shall be subject to binding arbitration in the United States. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
CLASS ACTION WAIVER
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
The Terms and Conditions constitute the entire agreement between us and you with respect to the Site, Services, Content, and Website Design and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to the same.
These Terms and Conditions were last updated on July 16, 2017.