TERMS AND
CONDITIONS
1.
General
These
General Terms and Conditions of Use ("Terms") are entered into by and
between you and The Demartini Institute (DI"). This Agreement governs the relationship between
DI and you, our site visitor ("you" or "your"), with respect to your use of the
Internet site (the "DI Site") and your purchase of any services from the DI Site. By visiting or using the DI Site, including
without limitation to (i) accessing, using and/or downloading Information, (ii)
sending messages, information, data, text, software or images, or other
Information to the DI Site, or (iii) otherwise using, accessing or purchasing
any Services, you agree to accept and abide by this Agreement. In consideration of your use of and access to
the DI Site (and the promises and obligations herein, and intending to be
legally bound), you and DI hereby agree as follows: Your access to and use of
the DI Site is subject to these Terms, as well as any modifications issued by DI
to these Terms, and all applicable laws and regulations. By using the DI Site, you agree to and will be deemed to be bound by
these terms. If you do not want to
be bound by these Terms, do not use the DI Site. Among other things, DI provides
information concerning various products and services and the opportunity to
obtain additional information concerning those products and services or to
purchase them.
The
information available on or through use of the DI Site, including but not
limited to data, text, articles, content, software, images, graphics,
photographs, audio and video clips, links and references and other materials
(collectively, the "Information") is provided for informational purposes only.
The Information is not intended to be a substitute for professional medical
advice, diagnosis, or treatment. Always
seek the advice of a qualified medical professional with any questions you may
have regarding an your medical condition. Do not disregard professional medical
advice or delay in seeking it because of Information on the DI Site. Reliance
on any Information is solely at your own risk.
2. Changes in Terms
DI shall
have the right at any time and without prior notice, at its sole discretion, to
revise these Terms or to impose new terms and conditions with respect to access
to or use of the DI Site. Such revisions and additions shall be effective
immediately upon notice thereof, which may be given by any means, including but
not limited to, posting the revised or additional terms and conditions on the DI
Site. You are responsible for reviewing the Terms periodically for any
modification to this Agreement that may affect your rights or obligations hereunder.
You agree that you shall be deemed to be apprised of and bound by any
modification by DI to these Terms. Any
access or use of the DI Site by you after notice of revisions or additions to
these terms shall constitute and be deemed to be your agreement to such
revisions or additions. No
modification to these Terms by any party other than DI shall be valid or
enforceable against DI unless expressly agreed to by DI in a writing signed by
a duly authorized officer of DI.
3. Termination
These
Terms are effective until terminated by DI. DI may terminate these Terms without notice
and at any time. In the event of termination, you are no longer authorized to
access the DI Site and the restrictions imposed on you with respect to the
Content, and the disclaimers, indemnities, and limitations of liabilities set
forth in these Terms shall survive termination. DI shall also have the right without notice
and at any time to terminate the DI Site or any portion thereof, or any
products or services offered through DI or the DI Site, or to terminate any
individual's right to access or use the DI Site or any portion thereof.
4.
Compliance with Laws
You
agree to comply with all applicable international laws, statutes, ordinances
and regulations regarding your use of the DI Site and your purchase of the
items on the DI Site.
5. Content
The
text, images, photographs, graphics, logos, illustrations, descriptions, data,
and other material provided on the DI Site, as well as the selection, assembly
and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or
typographical errors or may be out of date. DI may change, delete, or update any Content
at any time and without prior notice. The
Content is provided for informational purposes only and is not binding on DI in
any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is
protected by copyright, trademark, common law and other proprietary rights that
are owned by DI or by third parties that have licensed their use to DI. You may view and use the Content only for your
personal information and for shopping and ordering on the DI Site, and for no
other purpose. You must retain all
trademark, copyright and other proprietary notices on downloaded or printed
Information, and any such downloads or copies are subject to the Terms of this
Agreement and shall remain the property of DI and/or its licensors and/or
suppliers. Except as provided in the
foregoing, DI does not grant to you or any person any right to use, reproduce,
copy, modify, transmit, display, publish, sell, license, create derivative
works, publicly perform, or distribute by any means, method, or process
whatsoever, now known or hereafter developed, any of the Content on or
transmitted through the DI Site, including without limitation by transferring,
downloading or otherwise copying any Content onto any disk drive or other
storage medium. Any use of the Content, except as specifically permitted in
these Terms or as otherwise expressly permitted in the Content or in writing
signed by DI, is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using
the DI Site or any services or Information.
Nothing contained on the DI Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any of DI's and/or
its licensors', suppliers' or third party owners of trademarks or copyrights
without the express written permission of DI, our licensors or suppliers, or the
third party owner of any such trademark and/or copyright.
6. Creating An Account
6.1 In order to use some of the features or
functionality offered at the DI Site or to access some areas of the DI Site,
you may need to create an account with DI.
If and when you create an account with DI, you agree to (a) provide
true, accurate, current and complete information about yourself as prompted by
our registration form (including your date of birth and e-mail address) and (b)
maintain and update your information (including your e-mail address) to keep it
accurate, current and complete. You
acknowledge that if any information provided by you is untrue, inaccurate, not
current or incomplete, we reserve the right to terminate this Agreement and your
use of the DI Site, services and/or Information. You understand that any information you
provide will be treated by DI in the manner described in our Privacy Policy,
which can be found below.
6.2 As part of the process of creating an
account, you will be asked to select a username and password. We may refuse to grant you a username that
impersonates someone else, is or may be illegal, is or may be protected by
trademark or other proprietary rights law, is disrespectful, vulgar or
otherwise offensive, or may cause confusion, as determined by us in our sole
discretion. You will be responsible for
the confidentiality and use of your password and for all activities that are conducted
through your account. You agree not to
transfer or resell your use of or access to the DI Site to any third
party. If you have reason to believe
that your account with us is no longer secure, you must immediately notify us
by emailing us at Clarissa@drdemartini.co.za.
7. Third
Party Links
The DI Site
contains links to other web sites for your convenience. DI has not fully reviewed the web sites that
are linked to the DI and does not control such sites or their content. Your use of linked web sites is subject to
the privacy practices and terms of use established by the specific linked site,
and DI disclaims all liability associated therewith. The presence of such third party links does
not indicate any approval or endorsement by DI of any linked web site or any
material contained within the third party linked web site, and we disclaim any
such approval or endorsement.
8. Code of Conduct
You agree not to:
8.1 Engage in spamming or phishing attacks;
8.2 Transmit (a) any content or information that
is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory,
sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent,
pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy
rights of others, or otherwise objectionable, or infringes our or any third
party's intellectual property or other rights; (b) any material, non-public
information about companies without the authorization to do so; (c) any trade
secret of any third party; or (d) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or other unsolicited
commercial communication;
8.3 Restrict or inhibit any other visitor from
using the DI, including, without
limitation, by means of "hacking" or defacing any portion of the DI Site;
8.4 Express or imply that any statements you make
are endorsed by us, without our prior written consent;
8.5 Upload any Materials (as defined below) that
contains any virus, worm or other files, scripts or programs designed to damage
or allow unauthorized access to the service or the DI Site;
8.6 Remove any copyright, trademark or other
proprietary rights notices contained in or on the Information, the DI Site or services;
8.7 Modify, adapt, sub-license, translate, sell,
reverse engineer, decompile or disassemble any portion of the DI Site or
Information;
8.8 Use the DI Site, Information or Services in
any manner that is unlawful, including accessing the DI Site, Services and/or
Information from any location where such access may be illegal or otherwise
prohibited;
8.9 "Frame" or "mirror" any part of the DI Site
without our prior written authorization;
8.10 Use any spider, site search/retrieval
application, robot or other manual or automatic device or process to retrieve,
index, "data mine" or in any way reproduce or circumvent the navigational
structure or presentation of the DI Site or its contents;
8.11 Forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Materials; and/or
8.12 Harvest
or collect information about the DI Site visitors or members without their
express consent.
9. Purchases
9.1 If you wish to purchase products or services
described on the DI Site, you will be asked by us or the third party vendor to
supply certain information applicable to your purchase, including, without
limitation, credit card and other information.
You understand that any such information will be treated by us in the
manner described in our Privacy Policy.
You agree that all information that you provide to us or such third
party vendor will be true, accurate, current and complete.
9.2 You agree to pay all fees and charges
incurred by you or any users of your account and credit card (or other
applicable payment mechanism) at the price(s) in effect when such charges are
incurred. You will also be responsible
for paying any applicable taxes relating to your purchases.
9.3 All amounts appearing on the DI Site are
quoted in U.S. dollars. DI will add
shipping and handling fees and applicable sales/use tax. Payments must be made using a valid credit
card. Credit card payments are processed
on by DI. DI reserves the right, without
prior notice, to discontinue or change specifications and prices on products
and services offered on the DI Site without incurring any obligation to
you. Products displayed on the DI Site
are available while supplies last. The
receipt by you of an order confirmation does not constitute DI's acceptance of
an order. Prior to DI's acceptance of an
order, verification of information may be required. DI reserves the right at any time after
receipt of your order to accept or decline your order, or any portion thereof,
even after your receipt of an order confirmation from DI, for any reason. DI reserves the right to limit the order
quantity on any item and to refuse service to any customer without prior
notification.
9.4 We reserve the right, without prior
notification, to change our Shipping and Return policies at any time.
10. Copyright Infringement Claims
Pursuant
to the Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) ("DMCA"), DI has designated to the U.S. Copyright Office an
agent to receive notifications of claimed copyright infringement relating to
the DI Site (the "Designated Agent"). All such notifications relating to the DI
Site must be submitted in a manner consistent with the DMCA to the following
Designated Agent:
Service
Provider: The Demartini Institute
Agent
Designated to Receive Notification of Claimed Infringement"
Karen
J. Bernstein, Esquire
Law
Offices of Karen J. Bernstein, LLC
100
Park Avenue, Suite 1600
New
York, New York 10017
Tel:
(212) 339-9955
Fax:
(212) 339-0046
E-Mail:
Questions@karenbernsteinlaw.com
11. Limitation on use of the DI Site
11.1 We
have no obligation to monitor the DI Site or any postings or other materials (such
as streaming video) that you or other third parties transmit or post on the DI Site
(the "Materials"). You acknowledge and
agree that we have the right (but not the obligation) to monitor the DI Site
and the Materials you transmit or post; to alter or remove any such Materials;
to disclose such Materials and the circumstances surrounding their transmission
to any third party in order to operate the DI Site properly; to protect
ourselves, our sponsors and our members and visitors; and to comply with legal
obligations or governmental requests.
The information and opinions posted in the Materials on the DI Site are
not necessarily those of DI or its affiliates, and DI makes no representations
or warranties regarding such posted Materials.
We neither endorse nor are responsible for messages or statements, or
for any opinion, advice, information or other utterance made or displayed on
the DI Site or forums by third parties, whether such third parties are visitors
to the DI Site, members of the DI Site or others. We are not responsible for any errors or
omissions in articles or postings, for hyperlinks embedded in messages,
Materials or for any results obtained from the use of such information. Under no circumstances will we or our suppliers
or agents be liable for any loss or damage caused by your reliance on such
information obtained from the Materials through the DI Site.
11.2 You
represent and warrant to DI that (a) the Materials do not and will not infringe
any rights of any third party(ies), and that the Materials do not and will not
libel, defame, or invade the rights (including, without limitation, the right
of privacy or publicity) of any third party(ies); (b) all obligations relating
to the Materials have been satisfied, including, without limitation, those with
and relating to artists and personnel, licenses, and laboratory and other
contracts; (c) you have the right to enter into this Agreement and to grant the
rights granted or agreed to be granted hereunder; and (d) you have made all
necessary payments (and no additional payments are required to be made) to any
and all guilds, unions, performing rights societies, bodies and/or groups
representing actors, writers, directors, composers, musicians, artists, and
other persons who participated in the production of the Materials.
11.3 Grant a non-exclusive license to DI with
regard to the Materials he/she has submitted for the term of his/her copyright,
and that the Materials be used by DI as it may determine and at its sole discretion. DI reserves the royalty-free right to
sub-license, reproduce, disclose, transmit, publish, broadcast and distribute
electronically any such Material including but not limited to education,
publicity and promotion.
12.
Disclaimers
12.1 To the
fullest extent permissible under applicable law:
(a) The Site (including all
information) and the Services are provided "as is" and without warranties of
any kind, either express or implied; and (b) DI and its affiliates, agents,
service providers, employees, officers, directors, consultants,
representatives, licensors, suppliers, advertisers, sponsors, successors and
assigns (collectively, "DI's Representatives") disclaim all warranties, express
or implied, including, without limitation, the implied warranties of title,
non-infringement accuracy, completeness, merchantability, quality, and fitness
for a particular puprpose, any warranties that may arise from course of
dealing, course of performance or usage of trade, and any warranties that the
information and DI Site is current and/or upt-to-date. DI and DI's Representatives do not warrant
that the information, DI Site or Services, nor your use of the foregoing, will
be complete, accurate, current, reliable, uninterrupted, error-free or secure,
nor that defects will be corrected, nor that the DI Site or the servier(s) on
which the DI Site is hosted are free of viruses or other harmful
components. You acknowledge that you are
responsible for obtaining and maintaining all telephone, computer hardware and
other equipment needed to access and use the DI Site, and all charges related
thereto. You assume all responsibility
and risk for your use of the DI Site and/or Services and/or Information and
your information and your reliance thereon.
No opinion, advice or statement of DI or any of DI's Respresentatives,
whether made on or in connection with the DI Site or Service or Information
shall create any warranty.
12.2 Some states and provinces do not allow the
disclaimer of implied warranties of merchantability and fitness for a
particular purpose, so the above disclaimers or exclusions may not apply to
you. In the event that applicable law
imposes implied warranties on the services or Information notwithstanding the
foregoing, such implied warranties shall not have a duration greater than one
year from the relevant purchase or access date; shall terminate automatically
at the end of such period; and shall be disclaimed and excluded to the fullest
extent permitted by law. You may also
have other rights under applicable law which vary from state to state.
12.3 DI and
DI's Representative are under no obligation to verify the identity of users of
DI's Site, Services, and/or Information.
DI and DI's Representatives do not control the materials posted or
submitted to the DI Site and/or the services by persons other than themselves
and do not monitor, screen, police or edit those materials for compliance with
applicable laws or these Terms and Conditions.
You may find some of the materials posted by other users to be offensive,
harmful, inaccurate or deceptive. You
should use caution and common sense when using the DI Site.
12.4 Through
your use of the DI Site, Services and/or Information, you may have the
opportunity to engage in commercial transactions with third parties. All such transactions are at your own
risk. DI's Representatives are not
parties to any such transactions and disclaim all liability regarding all such
transactions.
14. Limitation of Liability.
Notwithstanding the failure of essential purpose of
any limited remedy of any kind, neither DI nor any of DI's Representatives, nor
their directors, officers, employees, consultants or other representatives, are
responsible or liable for any indirect, incidental, consequential, special,
exemplary, punitive or other damages or liabilities under any contract,
negligence, strict liability or other theory arising out of or relating in any
manner to the DI Site, Information, Services and/or any linked site, whether or
not we have been informed of the possibility of such damages or
liabilities. Your sole remedy with
respect to this Site, the Information, Services, or any linked site is to stop
using the DI Site, Service, or linked site.
DI's sole and exclusive maximum liability to you for all damages,
losses, cause of action, whether in contract, tort (including, without
limitation, negligence) or otherwise arising out of or relating in any manner
to the Site, shall be the amount paid by you for use of the Site, Information
and/or Services. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to
you.
13. Indemnification
You
agree to fully indemnify, defend and hold DI, any of DI's representatives, and
their directors, officers, employees, consultants and other representatives,
harmless from and against any and all claims, damages, losses, costs (including
reasonable attorneys' fees) and other expenses that arise directly or
indirectly out of or from (a) your breach of this Agreement, (b) any allegation
that any Materials you transmit to the DI Site infringe or otherwise violate
the copyright, patent, trademark, trade secret or other intellectual property
or other rights of any third party, and/or (c) your activities in connection
with the DI Site.
14. Ability to Contract
You
affirm that you are at least eighteen (18) years of age and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in this Agreement, and to abide by
and comply with this Agreement. If you
are under eighteen (18) years of age, then you must obtain permission from a
parent or guardian before accessing the DI Site.
15. Miscellaneous
This
Agreement is governed by and construed in accordance with the laws of the State
of Texas, United States of America, without giving effect to any principles of
conflicts of laws. You agree to submit
to the exclusive jurisdiction of any State or Federal court located in the City
of Houston, County of Harris, State of Texas, United States of America, and
waive any jurisdictional, venue or inconvenient forum objections to such
courts. All disputes shall be resolved
in the English language. If any
provision of this Agreement is found to 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. This is the entire Agreement
between us relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral Agreements between us with respect to
such subject matter. This Agreement or
any right, obligation or remedy hereunder is not assignable, transferable,
delegatable or sublicensable by you except with DI's prior written consent, and
any attempted assignment, transfer, delegation or sublicense shall be null and
void. DI may assign, transfer or
delegate this Agreement or any right or obligation or remedy hereunder in its
sole discretion. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default.
Any heading, caption or section title contained in this Agreement is
inserted only as a matter of convenience and in no way defines or explains any
section or provision hereof, and the singular shall include the plural and the
plural the singular. You hereby
acknowledge that you have carefully read all of the terms and conditions of DIs
Privacy Policy, which can be accessed below, and agree to all such terms and
conditions.
Should
you have any questions, comments or complaints regarding this Agreement or the DI
Site, please contact us at:
The
Demartini Institute
2800
Post Oak Boulevard, Suite 5250
Houston,
Texas 77056
Or
email us at: clarissa@drdemartini.co.za
PRIVACY POLICY
The
Demartini Institute shares your concerns about privacy while using the Demartini
websites found at www.drdemartini.com and
its related websites (the "DI Site"). Accordingly,
we want you to understand what types of information we are collecting and what
may happen to that information. This Privacy Policy is incorporated into and is
subject to the Demartini Institute Terms and Conditions. Your use of the DI Site and any personal
information you provide on the DI Site remains subject to the terms of this
Privacy Policy and our Terms and Conditions.
COLLECTION OF
INFORMATION
Information
is collected from our users at several different points during your visit to
the DI Site.
- Registration.
To use some resources available on the DI Site, a user must complete our
registration process. During
registration, a user is required to provide certain categories of information,
which may include a name, address, e-mail address, and a password.
- Optional
Information. At various other points
during your visit to the DI Site, you may be asked to provide information about
yourself. For example, you may wish to receive
Dr. Demartini's newsletters. The use of
other services which require the input of additional information is completely
voluntary on your part, and you have the choice about whether to disclose the
information necessary to use these features of our site.
- Passive
Collection of Information. In
addition to the information which you actively provide to DI by methods such as
completing the registration form, DI collects information about how you
interact with our site. DI collects
passive information for purposes such as testing and improving a user's
experience at the DI Site and the compilation of broad aggregate demographic
data and related usage information for internal purposes and for disclosure to
third parties such as advertisers and content partners. The types of passive information collected by
this site include, without limitation, your IP address, which type of browser
you are using, where you go on our site, and how long you stay on any part of
our site.
- Cookies.
When you visit the DI Site, we may send one or more cookies - a small text file
containing a string of alphanumeric characters - to your computer that uniquely
identifies your browser. We use only "session" cookies; this means we store the
cookie on your computer only during each visit to our web site. "Session"
cookies are used by our software for load management and database access. NO
personal information is contained in these cookies. After you turn off
your computer or stop using the Internet, the cookie is erased and nothing will
be remembered the next time you visit our web site. You can reset your web
browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the DI Site may not
function properly if the ability to accept cookies is disabled.
- Children
Under Age 13. You must be at least thirteen (13) years old in order to use the
DI Site and enter personal information.
If you are under 13 years of age, please do not send any information
about yourself, including your name, address or e-mail address. If we discover that we have collected any
personally-identifying information from a child under the age of 13, we will remove
that information from our database as soon as possible.
- Ages
13-18.
Visitors
to the DI Site between the ages of thirteen (13) and eighteen (18) must obtain
permission from a parent or guardian before sending any personally-identifying
information. Unless otherwise specified,
you must be a least 18 years old in order to use and register with the DI Site.
COLLECTION OF
INFORMATION
DI utilizes
passive information to learn more about how you interact with our site. This passive information may be combined with
your other information for purposes such as testing and improving your
experience at our site and the compilation of broad aggregate demographic data
and related usage information for internal purposes and for disclosure to third
parties such as advertisers and content partners. This aggregate passive information does not
contain any personal information which can identify any individual user.
DI may
use your contact information periodically in order to send you e-mail regarding
updates at the DI Site and to alert you or remind you of happenings on the
Site. The frequency of these messages
will vary depending upon various factors.
DI will
not knowingly sell, share, rent or otherwise transfer your information other
than in accordance with the terms set forth in this Privacy Policy. DI does not share any information that can be
tied to you without your permission. If you give your permission to allow third
parties to contact you, personal information about you (such as your contact
information and other information collected during your visit to the DI Site)
may be shared with builders, product manufacturers, data aggregators,
marketers, and other organizations. Regardless
of your decision regarding the sharing of your personal information, we may
share broad aggregate demographic data and related usage information with our
business partners. This aggregate
information does not contain any personal information which can identify any
individual user.
From
time to time, DI may decide that it is more efficient to use third parties to
perform specific services, such as sending communications to DI's users. If we
use a third party to provide specific services (such as sending communications
to our users on our behalf), then information (such as contact information) may
be shared with that party to the extent necessary for the third party to
provide these services. These third
party service providers are only allowed to use personally identifiable
information for the purpose of providing the specific services requested by DI.
The third party services covered by this
paragraph do not include links to third party sites found on our site, which
are governed by a more specific provision below.
While DI
strives to protect the personal information of our users, DI will release
personal information if required by law or in the good-faith belief that such
action is necessary or appropriate.
SECURITY
DI has
security measures in place to help protect against the loss, misuse and/or
unauthorized alteration of the information under our control. You are the only user authorized to update
your profile, unless you provide your password information to another party.
DI helps
protect personally identifiable information by utilizing both online and
offline security methods, including firewalls, passwords and restricted
physical access to the places where your information is stored. Our staff is trained to comply with our
security procedures, and our security procedures are regularly reviewed and
revised, if necessary, by the Privacy team at DI.
If you
have any questions about security issues at our site, please use our contact
form and we will try to answer your questions.
OTHER PROVISIONS
- The DI Site is hosted in the United
States and is intended for and directed to Users worldwide. If you are a User accessing the DI Site from
the European Union, Asia, or any other region with laws or regulations
governing personal data collection, use, and disclosure, that differ from
United States laws, please be advised that through your continued use of the DI
Site, which is governed by U.S. law, this Privacy Notice, and our Terms of Use,
you are transferring your personal information to the United States and you
consent to that transfer.
- Your use of this site indicates an acceptance
of the terms of the Privacy Policy. DI reserves
the right to update or amend this Privacy Policy at any time.
- In the event that DI sells, assigns
or transfers some or all of its business to a successor or acquirer, DI may
sell, assign or transfer all of your information, regardless of your opt
status, to such successor or acquirer.
- This site contains links to other
sites. Please be aware that DI does not
exercise control over the information, products, services or policies of third
party companies accessible through our site. We encourage our users to be aware when they
leave our site and to read the privacy policies of each and every third party
site. This Privacy Policy applies solely
to the information collected by this site.
Your
privacy is important to DI. If you have
questions about any of the provisions described above, please e-mail us at
Clarissa@DrDemartini.co.za.
