Your use of this Website, www.cdheal.net (the “Website”), which is owned and operated by Cheryl Diane Beatson, Creating Optimal Health, LLC (“CD Heal,” “we” or “us”), constitutes your acceptance of CD Heal's Terms of Service (“Terms of Service” or “Agreement”). This is a legally binding agreement between CD Heal (as defined below) and you that you are agreeing to enter into by virtue of your use of the Website (as defined below). If you do not accept these Terms of Service, you do not have our authorization to access the Website.
The Website is not intended for anyone under the age of 18. By accepting these Terms of Service, you confirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service and any applicable laws, statutes, ordinances, rules and regulations, including, without limitation, privacy laws, intellectual property laws, internet and anti-spam laws, and other applicable general business laws or regulatory requirements.
1. The Website Does Not Provide Medical Advice
The contents of the Website, such as text, graphics, images, information obtained from the Website's licensors and other material (“Content”) contained on the Website 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, dietary supplement, exercise or other health program described on the Website. CD Heal does not recommend self-management of one's health care. Reliance on any information provided by or via the Website is solely at your own risk.
Information obtained by using the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Website is compiled from numerous sources. CD Heal 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 Website. 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 Website. If you think you may have a medical emergency, call your doctor or 911 immediately.
3. Your Use of the Website – Permissions and Restrictions
CD Heal hereby grants you permission to access and use the Website as set forth in these Terms of Service, under the following conditions:
- You agree to use the Website for lawful purposes only. The Content is protected by copyright and other intellectual property laws under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with CD Heal or its licensors. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CD Heal. All rights not expressly granted herein are reserved to CD Heal and its licensors. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. 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.
- CD Heal authorizes you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of CD Heal. 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.
You agree not to
- (i) alter or modify any part of the Website or
- (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Service by reference.
- You agree not to access or use the Website for any commercial use (or otherwise seeking to monetize the Website) without the prior written authorization of CD Heal. Prohibited commercial uses include, but are not limited to, any of the following actions taken without CD Heal's express approval:
- posting on or transmitting through the Website any material which contains advertising or any solicitation or “spam” with respect to products or services;
- advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Website;
- selling of access to the Website or its related services on another web site;
- using the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
- any use of the Website or its related services that CD Heal finds, in its sole discretion, to be a use of CD Heal's resources or User Submissions to compete with or displace the market for CD Heal, CD Heal content, or its User Submissions.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the CD Heal servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, worm, time bomb, Trojan horse 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 Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website.
4. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all services or products promoted via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed or promoted via the Website is at your sole risk. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of CD Heal and its suppliers.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CD Heal, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER CD Heal, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, SECURE, 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 QUALITY, ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, PRODUCT, MERCHANDISE OR OTHER MATERIAL PROVIDED 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF DATA, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER CD Heal, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE 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 OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE, 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. CD Heal DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE CD Heal WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CD Heal 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. CD Heal, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS 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.
5. Limitation on Liability of CD Heal
IN NO EVENT SHALL CD Heal, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHETHER TANGIBLE OR INTANGIBLE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS, DOWNLOAD OR USE OF THE WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITE OR ANY AFFILIATED SITES OR PRODUCTS, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CD Heal IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING 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 CD Heal FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND CD Heal MAKES NO REPRESENTATIONS THAT THE CD Heal WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE CD Heal WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, CD Heal, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THIS WEB SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, AND (II) U.S. $500.00.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Website or any Content must be brought within one (1) year of the date of the event giving rise to such claim. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
With respect to each release of rights by you provided in these Terms of Service: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR CD Heal, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless CD Heal and its affiliates and their respective directors, officers, members employees, representatives and agents (“Related Parties”) from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and disbursements), known and unknown, asserted against, imposed upon or incurred by CD Heal or its Related Parties arising out of, resulting from or relating to: (i) your use of the Website and/or any information, services and/or goods purchased or provided via the Website; (ii) your violation of these Terms of Service; (iii) your infringement or violation of any third party right, including but not limited to any copyright, property or privacy right in connection with any User Submission or otherwise; and/or (iv) any claim that any of your User Submissions caused damage to a third party.
The limitations, exclusions and disclaimers contained in this section and elsewhere in these Terms of Service apply to the maximum extent permitted by applicable law. The obligations under this Section will survive these Terms of Service and your use of the Website.
7. User Submissions and Contributions
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 CD Heal and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
You expressly agree that any claim or controversy arising out of or related to these Terms of Service, the Website, or the services or products provided on or through the Website shall be settled by binding arbitration to be held in Annapolis, Maryland 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 CD Heal from seeking any injunctive relief in any court of competent jurisdiction for protection of CD Heal's intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maryland for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving CD Heal or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms of Service are governed by the internal substantive laws of the State of Maryland, without respect to its conflict of the laws principles. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
10. Revisions to Terms of Service
These Terms of Service may be revised, modified, altered or updated (“Modified Terms”) by CD Heal at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Website. Any access to or use of the Website by you after such posting shall be deemed to constitute your acceptance of such Modified Terms. If you object to the Modified Terms, you may terminate your account and cease your use of the Website.
11. Entire Agreement
If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Service 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.
13. Ability to Accept Terms
You affirm that you are at least 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 Service, and to abide by and comply with these Terms of Service.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and CD Heal by your use of the Website or otherwise. The provisions of these Terms of Service which by their sense and context are intended to survive the termination of these of Terms of Service or your use of the Website shall so survive and continue to bind the parties, regardless of the reason for termination, including, without limitation, your termination of your CD Heal account. Without limiting the generality of the foregoing, the parties specifically acknowledge that these provisions shall so survive.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you (and any such purported assignment shall be null and void), but may be assigned by CD Heal without restriction. The section headings used herein are for convenience only and shall not be given any legal import. In resolving any dispute or construing any provision hereunder, there shall be no presumptions made or inferences drawn (i) because the attorneys for one of the parties drafted the agreement; (ii) because of the drafting history of the agreement; or (iii) because of the inclusion of a provision not contained in a prior draft, or the deletion of a provision contained in a prior draft.
These Terms of Service are for the benefit of CD Heal, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Service directly or on its own behalf. These Terms of Service, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Maryland applicable to contracts entered into and wholly to be performed within said state without regard to conflicts of laws.
Updated September 10, 2018