TERMS OF USE FOR THE SCHOOL OF EVOLUTIONARY HERBALISM

 

Welcome to our site, EVOLUTIONARYHERBALISM.COM (“Website”, or “site”) the online home of THE SCHOOL OF EVOLUTIONARY HERBALISM (“company”, “we”, or “us”). The word “you” refers to the visitors or user of this site. You are invited to access the various informational resources available to you, subject to the terms of use (“TOU”) stated on this page.

USE OF THIS SITE

By visiting EVOLUTIONARYHERBALISM.COM, you care about complying with our TOU, including our privacy policy, which is hereby incorporated by reference collectively, “the Agreement.” These TOU are form a clear expectation about you and THE SCHOOL OF EVOLUTIONARY HERBALISM, the website owner, regarding your use of this site. If you do not agree with any of the terms, please exit the website promptly.

We provide you with access to view, download and enjoy this site subject to the restrictions set forth in these TOU. Materials located on this site contain general information about the company, our people, our services and our products

Your use of this site also requires you to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. Unless expressly permitted by supplemental terms, this site is intended for general audiences 16 years of age and older. Access by anyone younger is not authorized.

INTELLECTUAL PROPERTY

This site contain material, such as videos, handouts, podcasts, photographs, text, graphics, images, sound recordings, and other material provided by or on behalf of THE SCHOOL OF EVOLUTIONARY HERBALISM (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

The contents of our Sites are protected by copyright laws, and are the property of their owners. All information on the Sites is copyrighted by THE SCHOOL OF EVOLUTIONARY HERBALISM. Unless otherwise noted, you may access and use the publicly available content within the Sites for your personal use, non-commercial use.

Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth above, you have no other rights in or to the Content (other than your own User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement.

No other use is permitted without the prior written consent of THE SCHOOL OF EVOLUTIONARY HERBALISM. THE SCHOOL OF EVOLUTIONARY HERBALISM retains all right, title, and interest, including all intellectual property rights, in and to the Content. You may not change, modify, delete, display, transmit, adapt, exploit, transfer, assign, license, sublicense, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using this site, you agree to abide by all copyright notices or other posted restrictions.

DISCLAIMERS

The information, services, products, claims, topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies listed on this site as well as those that are provided in our products or to our participants at our events.

Neither we nor any of our respective licensors or suppliers warrant that any functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We do not endorse, warrant or guarantee any writers, speakers, products or services offered on this site or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

MATERIALS SUBMITTED TO SITE

You are prohibited from uploading, submitting, posting, or making available on this site any artwork, photos, videos, or materials, protected by copyright, trademark, or other proprietary right without the express written permission of the owner. You shall be held liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or harm resulting from any such submission. Your act of posting, submitting, sending or uploading any such material will be deemed as a representation by you that you have full and complete authority to do so and that sharing such information does not violate any laws, rules, regulations, or rights of third persons.

General GUIDELINES

By using and accessing this website, you agree to comply with these guidelines and that:

  • You will comply with all applicable laws in your use of this site and will not use it for any unlawful purpose;
  • You will not upload, post, email, transmit, or otherwise make available any content that:
    • Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • Is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk,” threaten, or otherwise harass another person;
  • You will not spam or use this site to engage in any commercial activities;
  • If you post any User Content, you will stay on topic;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of this site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • You will let us know about inappropriate content of which you become aware. If you find something that violates these General Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Guidelines.

LINKS AND EMAIL ADDRESSES

Links posted on this website to other websites are provided only as a convenience to our visitors. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with THE SCHOOL OF EVOLUTIONARY HERBALISM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through 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.

NO WARRANTY

THE INFORMATION PRESENTED ON THE SCHOOL OF EVOLUTIONARY HERBALISM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE SCHOOL OF EVOLUTIONARY HERBALISM DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS OR WILL BE ALWAYS CURRENT, COMPLETE, OR ACCURATE. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED.

THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THIS SITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, THE SCHOOL OF EVOLUTIONARY HERBALISM is not liable for 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 SCHOOL OF EVOLUTIONARY HERBALISM 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, THE SCHOOL OF EVOLUTIONARY HERBALISM liability is limited to the fullest possible extent permitted by law. In no event shall THE SCHOOL OF EVOLUTIONARY HERBALISM cumulative liability to you exceed the total purchase price of the Service you have purchased from THE SCHOOL OF EVOLUTIONARY HERBALISM, and if no purchase has been made by you THE SCHOOL OF EVOLUTIONARY HERBALISM cumulative liability to you shall not exceed $100.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these TOU, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

These TOU shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these TOU, the terms of these TOU shall control.

These TOU have been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce this agreement shall be brought in the federal or state courts located in Texas State. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of THE SCHOOL OF EVOLUTIONARY HERBALISM to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these TOU. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these TOU for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to THE SCHOOL OF EVOLUTIONARY HERBALISM, and all other provisions for which survival is equitable or appropriate. THE SCHOOL OF EVOLUTIONARY HERBALISM may assign its rights and duties under these TOU to any party at any time without notice to you.

CHANGED TERMS

We may update or amend these TOU from time to time. If we do so, we may notify our subscribers via email, or by posting an announcement on this site. We may at any time amend these TOU. Such amendments are effective immediately by us posting the new TOU on this Site. The effective date will be posted.

MISCELLANEOUS

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by you and us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licenses.

Updated: August 4, 2018