Welcome to the TeamNorthrup.com web site (the “Web site”), which is owned and operated by Christiane Northrup, Inc. (“CNI” or “we”). Please read these Terms of Use carefully, as they describe the terms and conditions applicable to the Web site. BY ACCESSING ANY AREA(S) OF THE WEB SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE.
1. The Web Site Does Not Provide Medical Advice
The contents of the Web site, such as text, graphics, software, images, designs, icons, information obtained from the Web site’s licensors, and other material contained on the Web site (collectively, “Content”) is for informational purposes only. The Content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, exercise or other health program which may be described on the Web site. CNI does not recommend self-management of one’s health care. Reliance on any information provided by or via the Web site is solely at your own risk.
Information obtained by using the Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided by the Web site is compiled from numerous sources. CNI and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of the Web site. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Web site. If you think you may have a medical emergency, call your doctor or 911 immediately.
2. Your Acceptance of CNI’s Terms of Use and Privacy Policy
Your use of and/or visitation to any area of the Web site signifies your agreement to (1) these Terms of Use and (2) CNI’s Privacy Policy, found at http://www.teamnorthrup.com/privacy-policy/, which is incorporated herein by reference. If you do not agree to any of these Terms of Use or CNI’s Privacy Policy, please do not use the Web site. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version, available at http://www.teamnorthrup.com/terms-of-use/. In its sole discretion, CNI may modify or revise these Terms of Use or its Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
3. Your Use of the Web Site – Permissions and Restrictions
CNI hereby grants you permission to access and use the Web site as set forth in these Terms of Use, under the following conditions:
A. You agree to use the Web site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with CNI or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CNI. All rights not expressly granted herein are reserved to CNI and its licensors. You acknowledge that you do not acquire any ownership rights by downloading or posting copyrighted material. Except as otherwise expressly set forth herein, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
B. CNI authorizes you (i) to view or download a single copy of the material made available on the Web site solely for your personal, noncommercial use and (ii) if you register on the Web site and become a Team Northrup Member, to copy and post verbatim on your personal web site(s) the text material (or part thereof) available in the following sections of the Web site: (a) the “About” subsection of the “Who is Team Northrup” section; and (b) the “Join Us” section, in both cases for the sole purpose of providing third parties viewing your personal web site(s) with general information about Team Northrup and how to become a Team Northrup Member. You may not remove any copyright or other proprietary rights notices that are contained in any materials available on the Web site. Except as otherwise expressly permitted under these Terms of Use or under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of Web site material without the express written permission of CNI. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
C. You agree not to alter or modify any part of the Web site.
D. Any special rules for the use of certain software and other items provided on the Web site may be included elsewhere within the Web site and are incorporated into these Terms of Use by reference.
E. You agree not to use the Web site for any commercial use without the prior written authorization of CNI. Prohibited commercial uses include, but are not limited to, any of the following actions taken without CNI’s express written approval:
(i) posting or transmission through the Web site of any material which contains advertising or any solicitation with respect to products or services;
(ii) advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services;
(iii) sale of access to the Web site or its related services on another web site;
(iv) use of the Web site or its related services, for the primary purpose of gaining advertising or subscription revenue; and
(v) any use of the Web site or its related services that CNI finds, in its sole discretion, to be a use of CNI’s resources to compete with or displace the market for CNI or CNI Content.
F. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on this Web site. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web site. You also agree not to interfere with the servers or networks connected to the Web site or to violate any of the procedures, policies or regulations of networks connected to the Web site. Notwithstanding the foregoing, CNI grants the operators of public search engines permission to use spiders to copy materials from the Web site for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not caches or archives of such materials. CNI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Web site nor to use the communication systems provided by the Web site (e.g., blog comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site. Any conduct by you that in CNI’s discretion restricts or inhibits any other user from using or enjoying the Web site will not be permitted.
G. In your use of the Web site, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Web site any material which violates or infringes in any way upon the rights of others, which (in CNI’s sole discretion) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law.
H. You agree not to upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
I. You also agree not to impersonate any other person while using the Web site or conduct yourself in a vulgar or offensive manner while using our service. You agree that CNI may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at CNI’s sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
J. You agree that CNI, should it accept a User Submission, may include that User Submission in the Web site for as long or as short a period of time as CNI, at its sole discretion, chooses. Furthermore, you agree that CNI may edit User Submissions.
K. You agree that CNI shall have the right, but not the obligation, to monitor the content of the Web site and to remove any material that CNI, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
L. CNI reserves the right to discontinue any aspect of the Web site at any time.
4. Right to Terminate
CNI reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. CNI reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. CNI may remove such User Submissions and/or terminate a user’s or member’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at CNI’s sole discretion.
5. Disclaimer of Opinion
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Web site are those of the respective authors or producers and not of CNI, its affiliates, or their respective shareholders, directors, officers, or employees. Under no circumstances shall CNI, its affiliates, or their respective shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.
6. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Web site, but the accuracy of this information cannot be guaranteed. The Web site, the Content, and any and all services or products promoted via the Web site are provided on an “as is” basis. The use of the Web site, the Content and any product or service discussed or promoted via the Web site is at your own risk. When using the Web site, information will be transmitted over a medium that is beyond the control and jurisdiction of CNI and its suppliers. Additionally, third parties, not CNI, sell the products and services described or advertised on the Web site. While CNI receives referral fees in many cases, it does not control the manufacture or formulation of any such products or the performance of any such services, nor does it control any statements about products or services other than those contained on the Web site.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CNI, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “CNI PARTIES”) DISCLAIM ALL REPRESENTATATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. NONE OF THE CNI PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE CNI PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. CNI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CNI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE CNI PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEB SITE HAVE BEEN SATISFIED.
7. Liability of CNI
If you are dissatisfied with the Web site, any information found thereon, or with any part of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Web site. CNI assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web site.
IN NO EVENT SHALL THE CNI PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEB SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEB SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS OBTAINED THROUGH THE WEB SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEB SITE OR ANY WEB SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, ANY DELAY OR INABILITY TO USE THE WEB SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEB SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CNI PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE CNI PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY CNI FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND CNI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE ABOVE, ANY CNI PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS WEB SITE OR ANY PRODUCTS OR SERVICES ADVERTISED OR PROMOTED THROUGH THIS WEB SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED $1,000.00.
SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF MAINE LAW AS DESCRIBED BELOW, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEB SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
8. Indemnification
You agree to defend, indemnify and hold harmless the CNI Parties from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of, or relating to: (i) your use of the Web site and/or any information, services and/or goods advertised or provided via the Web site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, but not limited to, any copyright, property or privacy right; or (iv) any claim that any of your User Submissions caused damage to a third party. The obligations set forth in this Section will survive these Terms of Use and your use of the Web site.
9. Advertisements, Product/Service Promotions and Links to Other Web Sites
CNI may discuss or advertise certain products and/or services of third parties on the Web site. In many cases the third-party product and/or service provider will pay CNI a referral fee for purchases made by individuals that are referred to it by CNI. As noted above, CNI makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed, promoted or advertised via the Web site is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Web site may lead to other web sites that are not controlled by, or affiliated with, CNI. In addition, other web sites may link to this Web site. Unless expressly stated, CNI has not reviewed or endorsed these web sites, has no control over those web sites and is not responsible for the content or privacy policies, or practices of any third party web sites. In addition, CNI will not and cannot censor or edit the content of any third-party web site. By using the Web site, you expressly relieve CNI from any and all liability arising from your use of any third-party web site that you visit through or via the Web site. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each other web site that you visit.
10. User Submissions and Contributions
Any personal information you provide to CNI when seeking additional information about CNI or its Team Northrup program is subject to our Privacy Policy. Beyond that information, any email or other communications or content you send to any part of the Web site is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users of the Web site, including, but not limited to, blog comments. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — CNI a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicenseable and transferable right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. CNI may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Web site a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Web site and under these Terms of Use. You understand and agree that CNI may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CNI to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use.
CNI does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CNI expressly disclaims any and all liability in connection with User Submissions. CNI does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and CNI will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. CNI reserves the right to remove User Submissions without prior notice.
CNI is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to CNI without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web site or other web sites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against CNI and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
CNI reserves the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; misleading information regarding the origin of the content; or a discussion of CNI policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
11. Disputes
You expressly agree that any claim or controversy arising out of or related to these Terms of Use, the Web site, or the services or products promoted or advertised on or through the Web site shall be settled by binding arbitration to be held in Portland, Maine in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude CNI from seeking any injunctive relief in any court of competent jurisdiction for protection of CNI’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving CNI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms of Use are governed by the internal substantive laws of the State of Maine, without reference to its conflict of the laws principles. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated (collectively, “Modified Terms”) by CNI in the future at its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Web site. Any use of the Web site by you after such posting shall be deemed to constitute acceptance of such Modified Terms.
13. Entire Agreement
These Terms of Use, as modified from time to time by CNI, and including CNI’s Privacy Policy incorporated herein by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
14. Severability
If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
15. Digital Millennium Copyright Act
It is CNI’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement 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 owner of an exclusive right that is allegedly infringed.
CNI’s designated Copyright Agent to receive notifications of claimed infringement is: Diane Grover, Christiane Northrup, Inc., P.O. Box 199, Yarmouth, Maine 04096, or facsimile: (207) 846-8953. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CNI customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Web site or disabled after CNI received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending CNI a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, CNI may send a copy of the counter-notice to the original complaining party informing that person that CNI may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides CNI with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CNI’s sole discretion.
16. Intellectual Property Notice
All content on the Web site, including, without limitation, any articles and other materials, are owned by CNI or its licensors, and are protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
17. Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
18. Non-Disparagement
You promise not to disparage CNI, the Web site, or any products or services available through or via the Web site in any manner whatsoever. Without limiting the generality of the foregoing, you agree not to make any statement, oral or written, publicly or in private, which is reasonably foreseeable as harming CNI’s interests, or impacting negatively on CNI’s reputation.
19. General
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and CNI by your use of the Web site. Any provision of these Terms of Use which by its nature would survive the termination or expiration of these Terms of Use, shall do so. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CNI without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of CNI, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.