TERMS OF USE for Whole Body Optimism Social Media, Podcast, and Website
The contents of this newsletter are for general informational purposes and do not constitute the practice of medicine, nutrition, endocrinology or other professional health care services, including the giving of personal medical advice. No doctor/patient relationship is formed. The use of information in Whole Body Optimism social media and podcast or materials linked from this site is at the user’s own risk. The content of this site is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should 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 in this newsletter.
By accessing or using the Whole Body Optimism social media and wholebodyoptimism.com website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use you must immediately terminate your use of this website, social media, and/or podcast.
All of the following information applies to Whole Body Optimism social media, podcast, and website.
You may print or save a copy of these Terms of Use for your records.
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the WholeBodyOoptimism website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the website and the Content (as defined below) for your noncommercial personal use and for no other purpose. Whole Body Optimism and Dr. Chrissy Guidry reserves the right to bar, restrict or suspend any user's access to the website, and/or to terminate this license at any time for any reason. Whole Body Optimsim reserves any rights not explicitly granted in these Terms of Use.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the Whole Body Optimism prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the website, any Content (as defined below), or any portion thereof. Further, you may not (i) use the wholebodyoptimism.com website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the wholebodyoptimism.com website, including wholebodyoptimism.com Content; (ii) interfere with the proper working of the website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the wholebodyoptimism.com website.
3. Your Acceptance; Revisions to Terms of Use. The wholebodyoptimism website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and wholebodyoptimism.com regarding your use and access to the website. By using the MorePlantsMD website you agree to the Terms of Use.
Whole Body Optimism reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the website. Your use of the wholebodyoptimism.com website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the website. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which Whole Body Optimism had actual notice on or before the date of any such revision.
4. Additional Terms and Conditions. Dr. Chrissy Guidry's Digital Code of Conduct, as well as additional terms and conditions applicable to certain portions of the wholebodyoptimism.com website (collectively "Additional Terms and Conditions") are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the wholebodyoptimism.com website and not interfere with the use and enjoyment of the website by other users or with Dr. Chrissy Guidry’s operation and management of the website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the website, including, without limitation, information required to be provided through a registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Dr. Chrissy Guidry reserves the right to terminate your access and use of the website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the website, or defame or otherwise harm any party, including Whole Body Optimism, through your use of the wholebodyoptimism.com website.
9. User-Generated Content. Dr. Chrissy Guidry does not claim ownership of content that you post on or through the website, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by the Digital Code of Conduct at the end of this document. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to Whole Body Optimism a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content.
10. Proprietary Rights. The content of the wholebodyoptimism.com website includes, without limitation, (i) Chrissy Guidry, LLC and Whole Body Optimism trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Whole Body Optimism"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the wholebodyoptimism.com website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Whole Body Optimism Content"). Whole Body Optimism Content is the property of Dr. Chrissy Guidry, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Whole Body Optimism Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Dr. Chrissy Guidry or the owner of such content if Whole Body Optimism is not the owner. Any use of Whole Body Optimism Marks without Dr. Chrissy Guidry’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Whole Body Optimism Content, including any such notices appearing on any Whole Body Optimism Content you are permitted to download, transmit, display, print, or reproduce from the website.
11. Feedback. If you send or transmit any communications or materials to Whole Body Optimism by mail, email, telephone, or otherwise, suggesting or recommending changes to Dr. Chrissy Guidry’s intellectual property, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Dr. Chrissy Guidry is free to use such Feedback irrespective of any other obligation or limitation between you and Dr. Chrissy Guidry governing such Feedback. You hereby assign to Dr. Chrissy Guidry all right, title, and interest in, and Dr. Chrissy Guidry is free to use without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Whole Body optimism is not required to use any Feedback.
12. Responsibility for Use of the Internet and the WholeBodyOptimism.com website. Use of the Internet and the Wholebodyoptimism.com website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Whole Body Optimism does not guarantee the confidentiality or security of any communication or other material transmitted to or from the wholebodyoptimism.com website over the Internet or other communication network. Whole Body Optimism shall not be obligated to correct or update the website, the Content or the User-Generated Content and Dr. Chrissy Guidry shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the wholebodyoptimism.com website.
13. Disclaimer. Whole Body Optimism Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by Dr. Chrissy Guidry and Whole Body Optimism hereby disclaims all express and implied warranties of any kind.
16. Third Party Information. The wholebodyoptimism.com website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the wholebodyoptimism.com website are those of the respective third party and not of Whole Body Optimism or its affiliates. wholebodyoptimism.com makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
18. Links to Third Party websites. The wholebodyoptimism.com website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Dr. Chrissy Guidry exercises no control. The appearance of any such third party links (provided by wholebodyoptimism.com or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the wholebodyoptimism.com website, you do so entirely at your own risk.
19. Links to wholebodyoptimism.com websites and Dr. Chrissy Guidry’s Content. Links posted by third parties to the website and/or Content may not use the Whole Body Optimism trademark or logo and shall not suggest that Dr. Chrissy Guidry promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the wholebodyoptimism.com website shall be the responsibility of the linking party. wholebodyoptimism.com reserves the right to require any linking party to disable or remove any link that violates Whole Body Optimism rights or causes interruption or deterioration of wholebodyoptimism.com Content.
21. Warranties Disclaimed. THE MOREPLANTSMD WEBSITE AND MOREPLANTSMD CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER MOREPLANTSMD, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "MOREPLANTSMD PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE MOREPLANTSMD WEBSITE OR MOREPLANTSMD CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE MOREPLANTSMD WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MOREPLANTSMD WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) MOREPLANTSMD CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
22. Limitation of Liability. THE MOREPLANTSMD PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE MOREPLANTSMD WEBSITE AND/OR ANY MOREPLANTSMD CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE MOREPLANTSMD WEBSITE AND/OR MOREPLANTSMD CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE MOREPLANTSMD WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MOREPLANTSMD WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOREPLANTSMD WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE MOREPLANTSMD WEBSITE ARISING OUT OF CAUSES BEYOND THE MOREPLANTSMD'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE MOREPLANTSMD CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE MOREPLANTSMD WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE MOREPLANTSMD WEBSITE OR MOREPLANTSMD CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, the wholebodyoptimism.com website and/or the Dr. Chrissy Guidry’s Content, your sole right and exclusive remedy is to terminate your use of the wholebodyoptimism.com website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Dr. Chrissy Guidry has no other obligation, liability or responsibility to you or any other party.
23. Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AMA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
24. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Dr. Chrissy Guidry Parties from and against all claims arising from or in any way related to your use of the wholebodyoptimism.com website and/or Chrissy Guidry’s Content, a violation by you of these Terms of Use, or any other actions connected with your use of the wholebodyoptimism.com website and/or Dr. Chrissy Guidry’s Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. Dr. Chrissy Guidry will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Dr. Chrissy Guidry Parties other than under this Section.
25. Term and Termination. These Terms of Use will take effect at the time you begin using the wholebodyoptimism.com website. Dr. Chrissy Guidry reserves the right, with or without notice, at any time and for any reason to deny you access to the wholebodyoptimism.com website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the wholebodyoptimism.com website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the wholebodyoptimism.com website, including any Dr. Chrissy Guidry Content, in your possession.
26. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) the wholebodyoptimism.com website, and iv) any products and services accessed or purchased through the wholebodyoptimism.com website shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Louisiana. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Louisiana and/or the United States District Court for the appropriate jurisdiction of Illinois shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. Dr. Chrissy Guidry reserves all rights and remedies available to it in law or equity.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the appropriate jurisdiction in Louisiana or any State of Louisiana court located in Orleans Parish, Louisiana.
27. Governing Law. These Terms of Use and all matters regarding your use of wholebodyoptimism.com website shall be governed by, construed in accordance with, and enforced under the laws of the State of Louisiana applicable to contracts made and executed and wholly performed in the State of Louisiana, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
This agreement will be governed by and must be construed in accordance with the laws of the State of Louisiana.
28. Waiver and Severability. The failure of Whole Body Optimism to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
29. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitute the entire agreement between you and Whole Body Optimism relating to the website and its use by you, and supersedes any previously written or oral communication regarding use of the wholebodyoptimism.com website.
30. Contact Information. If you have any questions or concerns regarding these Terms of Use or the website, please visit our "Contact" page.
31. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the wholebodyoptimism.com website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
32. Use of wholebodyoptimism.com websites and Content outside of the United States. Dr. Chrissy Guidry makes no claims regarding access or use of the website or the Content outside of the United States. If you use or access the website or the Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.